1. a. The driver of any vehicle who knows or has reason to believe that the driver’s vehicle was involved in an accident resulting in injury to or death of any person shall immediately stop the vehicle at the scene of the accident or as close as possible and if able, shall then return to and remain at the scene of the accident in accordance with section 321.263. Every such stop shall be made without obstructing traffic more than is necessary.
b. If the driver of a vehicle leaves the scene of an accident resulting in injury to or death of a person without knowledge or reason to believe that the driver’s vehicle was involved in the accident, and later discovers that the driver’s vehicle may have been involved in an accident that resulted in injury to or death of a person, the driver shall, as soon as reasonably possible, make a good-faith effort to immediately contact emergency services or make a 911 call and provide the dispatcher with any requested information described in section 321.263 and the location and possible time of the accident.\n\nTue Dec 09 22:16:59 2025 Iowa Code 2026, Chapter 321 (137, 2) 183 MOTOR VEHICLES AND LAW OF THE ROAD, §321.263\n\n 2. Any person failing to stop or to comply with the requirements in subsection 1 of this section, in the event of an accident resulting in an injury to any person is guilty upon conviction of a serious misdemeanor.
3. a. Notwithstanding subsection 2, any person failing to stop or to comply with the requirements in subsection 1, in the event of an accident resulting in a serious injury to any person, is guilty upon conviction of an aggravated misdemeanor.
b. Notwithstanding paragraph “a”, the driver of a vehicle who knows or has reason to believe that the driver’s vehicle caused an accident resulting in a serious injury to one or more persons, and who fails to stop or comply with the requirements of subsection 1, is guilty upon conviction of a class “D” felony.
c. For purposes of this subsection, “serious injury” means as defined in section 702.18.
4. a. A person failing to stop or to comply with the requirements in subsection 1, in the event of an accident resulting in the death of a person, is guilty upon conviction of a class “D” felony.
b. Notwithstanding paragraph “a”, the driver of a vehicle who knows or has reason to believe that the driver’s vehicle caused an accident resulting in the death of one or more persons, and who fails to stop or comply with the requirements of subsection 1, is guilty upon conviction of a class “C” felony.
5. The director shall revoke the driver’s license of a person convicted of a violation of this section.
6. Notwithstanding any other provision of law to the contrary, any person who has suffered physical, emotional, or financial harm as the result of a motor vehicle accident from which another person who caused the accident failed to stop or to comply with the requirements of subsection 1, as described in subsection 3, paragraph “b”, and subsection 4, paragraph “b”, shall be considered a victim pursuant to chapter 915, subchapter II, for purposes of any related proceedings against the other person. [S13, §1571-m23; C24, 27, 31, 35, §5072, 5074; C39, §5020.01; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.261; 81 Acts, ch 103, §4] 90 Acts, ch 1230, §67; 98 Acts, ch 1073, §9; 2006 Acts, ch 1082, §1, 2; 2021 Acts, ch 180, §2 – 4 Referred to in §321.209, 321.228, 321.484, 321.517, 321.555, 515D.4, 902.12, 915.80 \n
Notes of Decisions
Cited in
41
cases (
6 in the last 5 years), 1948–2026 · leading case:
State v. Tarbox, 739 N.W.2d 850 (Iowa 2007).
State v. Tarbox, 739 N.W.2d 850 (Iowa 2007).
· cites it 42× “Iowa Code § 321.261 (1). Accordingly, “[t]he first duty of the driver of a vehicle involved in an automobile accident under *853 321.”
State v. Carpenter, 334 N.W.2d 137 (Iowa 1983).
· cites it 11× “Defendant Ronald Carpenter appeals from his conviction by jury and sentence for failing to render reasonable assistance to a person injured in an accident in which he was involved, in violation of Iowa Code section 321.261 (1981), as amended by 1981 Iowa Acts ch.”
State v. Sebben, 185 N.W.2d 771 (Iowa 1971).
· cites it 24× “Sebben had been charged by county attorney's information with failing to stop and remain at the scene of an accident and give information in violation of section 321.261, Iowa Code, 1966. The State alleged in the information Sebben committed the offense June 18, 1969 in Delaware…”
State v. Miller, 308 N.W.2d 4 (Iowa 1981).
· cites it 8× “Defendant’s appeal involves issues arising in his jury trial on a charge of failing to stop at the scene of a personal injury accident, in violation of section 321.261, The Code 1979. Because we find error in trial court’s jury instruction relating to defendant’s alleged lack of…”
State v. Hernandez-Lopez, 639 N.W.2d 226 (Iowa 2002).
· cites it 2× “6A(2) and leaving the scene of an accident in violation of section 321.261(3). Following the rendering of the guilty plea, the material witness charges were dismissed.”
State v. Johnson, 744 N.W.2d 340 (Iowa 2008).
· cites it 2× “2(2)(c)), failing to stop following a personal injury accident (Iowa Code section 321.261(2)), and leaving the scene of a personal injury accident (Iowa Code section 321.”
State v. Starkey, 437 N.W.2d 573 (Iowa 1989).
· cites it 4× “§§ 321.261, 321.-263. He pleaded guilty to the charge and was sentenced to one year of incarceration, to be served concurrently with the Floyd County OWI sentence.”
Shannon Breeden & Laura Hochmuth v. Iowa Dep't of Corr., 887 N.W.2d 602 (Iowa 2016).
· cites it 2× “6A, subsection 1 or 2, if the person was also convicted under section 321.261, subsection 4, based on the same facts or event that resulted in the conviction under section 707.”
Polk Cnty. Bd. of Supervisors v. Polk Commonwealth Charter Comm'n, 522 N.W.2d 783 (Iowa 1994).
· cites it 4× “[1] Even if a mayor could conceivably be viewed as a "governing body" of a member city, the charter would still not meet the requirements of subsection 10 of section 321.261. That statute requires that there be mutual agreement concerning the delivery of specified governmental…”
Wright v. Denato, 178 N.W.2d 339 (Iowa 1970).
· cites it 4× “Plaintiff was charged with violation of section 321.261, Code of Iowa, for failure to remain at the scene of an accident and render assistance to an injured person.”
Smith v. Commonwealth, 379 S.E.2d 374 (Va. Ct. App. 1989).
· cites it 2× “Carpenter was convicted of failing to render assistance at the scene of an accident which involved personal injury, in violation of Iowa Code § 321.261 and former § 321.263.”
State v. Cook, 565 N.W.2d 611 (Iowa 1997).
“f Failure to stop and leave information or to render aid as required by sections 321.261 and 321.263. 2 . Iowa Code § 321.”
— Iowa Code § 321.261(1) — 5 cases
State v. Tarbox, 739 N.W.2d 850 (Iowa 2007).
“Iowa Code § 321.261 (1). Accordingly, “[t]he first duty of the driver of a vehicle involved in an automobile accident under *853 321.”
State v. Starkey, 437 N.W.2d 573 (Iowa 1989).
“§§ 321.261, 321.-263. He pleaded guilty to the charge and was sentenced to one year of incarceration, to be served concurrently with the Floyd County OWI sentence.”
— Iowa Code § 321.261(2) — 5 cases
State v. Johnson, 744 N.W.2d 340 (Iowa 2008).
“2(2)(c)), failing to stop following a personal injury accident (Iowa Code section 321.261(2)), and leaving the scene of a personal injury accident (Iowa Code section 321.”
— Iowa Code § 321.261(3) — 2 cases
State v. Hernandez-Lopez, 639 N.W.2d 226 (Iowa 2002).
“6A(2) and leaving the scene of an accident in violation of section 321.261(3). Following the rendering of the guilty plea, the material witness charges were dismissed.”
— Iowa Code § 321.261(4) — 9 cases
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