§ 3742. Accidents involving death or personal injury.
(a) General rule.--The driver of any vehicle involved in an accident resulting in injury or death of
any person shall immediately stop the vehicle at the scene of the accident or as close
thereto as possible but shall then forthwith return to and in every event shall remain
at the scene of the accident until he has fulfilled the requirements of section 3744
(relating to duty to give information and render aid). Every stop shall be made without
obstructing traffic more than is necessary.
(a.1) Highly automated vehicles.--If a vehicle under subsection (a) is a highly automated vehicle operating with an
ADS engaged or without a highly automated vehicle driver on board, the requirements
of this section are satisfied if the highly automated vehicle stops at the scene of
an accident or as close thereto as is safely possible and remains at the scene until
the requirements of section 3744 have been fulfilled.
(b) Penalties.--
(1) Except as otherwise provided in this section, any person violating this section commits
a misdemeanor of the first degree.
(2) If the victim suffers serious bodily injury, any person violating subsection (a) commits
a felony of the third degree, and the sentencing court shall order the person to serve
a minimum term of imprisonment of not less than 90 days and a mandatory minimum fine
of $1,000, notwithstanding any other provision of law.
(3) (i) If the victim dies, any person violating subsection (a) commits a felony of the second
degree, and the sentencing court shall order the person to serve a minimum term of
imprisonment of not less than three years and a mandatory minimum fine of $2,500,
notwithstanding any other provision of law.
(ii) In addition to the minimum term of imprisonment provided for in subparagraph (i),
the Pennsylvania Commission on Sentencing shall provide within its guidelines a sentencing
enhancement if the victim dies as the result of a violation of subsection (a). The
provisions of this subparagraph shall not be an element of the crime, and notice of
the provisions of this subparagraph shall not be required prior to conviction, but
reasonable notice of the Commonwealth's intention to proceed under this subparagraph
shall be provided after conviction and before sentencing.
(c) Authority of sentencing court.--There shall be no authority in any court to impose on an offender to which this section
is applicable any lesser sentence than provided for in subsection (b)(2) or (3) or
to place such offender on probation or to suspend sentence. Sentencing guidelines
promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory
sentences provided in this section.
(d) Definitions.--(Deleted by amendment).
(Dec. 11, 1986, P.L.1530, No.166, eff. 60 days; Apr. 4, 1996, P.L.53, No.18, eff.
60 days; Oct. 19, 2010, P.L.557, No.81, eff. 60 days; July 5, 2012, P.L.914, No.93,
eff. 60 days; June 30, 2014, P.L.814, No.85, eff. 60 days; Nov. 3, 2022, P.L.1946,
No.130, eff. 240 days)
2022 Amendment. Act 130 added subsec. (a.1).
2014 Amendment. Act 85 amended subsec. (b).
2010 Amendment. Act 81 deleted subsec. (d). The preamble of Act 81 provided that Act 81 may be referred
to as the Sgt. Michael C. Weigand Law.
1996 Amendment. Act 18 amended subsecs. (b), (c) and (d).
Cross References. Section 3742 is referred to in sections 1532, 1541, 1542, 1611, 3744, 3745.1 of this
title; section 3103 of Title 23 (Domestic Relations); sections 5551, 67A01 of Title
42 (Judiciary and Judicial Procedure).
Notes of Decisions
Cited in
91
cases (
27 in the last 5 years), 1981–2026 · leading case:
Com. v. Warunek, J., 279 A.3d 52 (Pa. Super. Ct. 2022).
Com. v. Warunek, J., 279 A.3d 52 (Pa. Super. Ct. 2022).
· cites it 6× “J-S21033-22 On November 12, 2021, Warunek entered an open plea to one count of leaving the scene of an accident (75 Pa.C.S. § 3742(a)). During the plea colloquy, Warunek admitted that he was the operator of the motor vehicle which was involved in the accident in which Koble was…”
Commonwealth v. Woosnam, 819 A.2d 1198 (Pa. Super. Ct. 2003).
· cites it 6× “¶ 1 At issue in this case is whether the trial court erred when it refused to instruct the jury that Appellant, Luann Woosnam, was guilty of leaving the scene of an accident involving death or personal injury of a person, 75 Pa.C.S. § 3742, if she knew or should have known that…”
Commonwealth v. Kenney, 210 A.3d 1077 (Pa. Super. Ct. 2019).
· cites it 6× “The Commonwealth presents one question for our review: Whether the trial court erred in sentencing Defendant, at Count 2-Accidents Involving Death or Personal Injury, to a term of intermediate punishment for a period of sixty (60) months, with three hundred sixty-five (365) days…”
Commonwealth v. Edwards, 906 A.2d 1225 (Pa. Super. Ct. 2006).
· cites it 2× “See generally 75 Pa.C.S. § 3742. Under penalties, Appellant’s offense is graded as a misdemeanor of the first degree.”
Commonwealth v. Druce, 848 A.2d 104 (Pa. 2004).
· cites it 2× “NOTES [1] 75 Pa.C.S. § 3742; 18 Pa.C.S. § 4910(1); 18 Pa.”
Commonwealth v. Jarosz, 152 A.3d 344 (Pa. Super. Ct. 2016).
“1(b)(2); 75 Pa.C.S. § 3742(a); 75 Pa. C.S. § 3744(a); 75 Pa.”
Reinhart v. Commonwealth, Dep't of Transp., 946 A.2d 167 (Pa. Commw. Ct. 2008).
· cites it 4× “§ 3802(a)(1); leaving the scene of an accident involving death or personal injury, 75 Pa.C.S. § 3742(a); and reckless driving, 75 Pa.”
Commonwealth v. Moran, Aplt, 104 A.3d 1136 (Pa. 2014).
· cites it 2× “§ 3742, was reversible error warranting new trial), the dissent noted the jury twice asked the trial court to repeat the definition of bribery and appellant’s counsel argued the jury may have been confused by the lack of a culpability requirement in the bribery instruction given.”
Commonwealth v. Loughnane, 173 A.3d 733 (Pa. 2017).
“Proceedings Before the Court of Common Pleas The Commonwealth charged Loughnane with accidents involving death or personal injury, 75 Pa.C.S. § 3742(a). On July 30, 2012, Loughnane filed an omnibus pretrial motion contending, inter alia, that police illegally seized his truck…”
Commonwealth v. Wisneski, 29 A.3d 1150 (Pa. 2011).
· cites it 3× “Accordingly, we find 75 Pa.C.S. §§ 3742(a), 3744(a), and 3746(a)(1), apply whether the victim was alive at the time appellee’s vehicle collided with him or not.”
Commonwealth v. Ahlborn, 683 A.2d 632 (Pa. Super. Ct. 1996).
· cites it 2× “[6] 75 Pa.C.S. § 3742. [7] Commonwealth v. Pierce, 397 Pa.”
— 75 Pa. Cons. Stat. § 3742(A) — 1 case
— 75 Pa. Cons. Stat. § 3742(a) — 49 cases
Com. v. Warunek, J., 279 A.3d 52 (Pa. Super. Ct. 2022).
“J-S21033-22 On November 12, 2021, Warunek entered an open plea to one count of leaving the scene of an accident (75 Pa.C.S. § 3742(a)). During the plea colloquy, Warunek admitted that he was the operator of the motor vehicle which was involved in the accident in which Koble was…”
Commonwealth v. Jarosz, 152 A.3d 344 (Pa. Super. Ct. 2016).
“1(b)(2); 75 Pa.C.S. § 3742(a); 75 Pa. C.S. § 3744(a); 75 Pa.”
Reinhart v. Commonwealth, Dep't of Transp., 946 A.2d 167 (Pa. Commw. Ct. 2008).
“§ 3802(a)(1); leaving the scene of an accident involving death or personal injury, 75 Pa.C.S. § 3742(a); and reckless driving, 75 Pa.”
Commonwealth v. Edwards, 906 A.2d 1225 (Pa. Super. Ct. 2006).
“See generally 75 Pa.C.S. § 3742. Under penalties, Appellant’s offense is graded as a misdemeanor of the first degree.”
Commonwealth v. Loughnane, 173 A.3d 733 (Pa. 2017).
“Proceedings Before the Court of Common Pleas The Commonwealth charged Loughnane with accidents involving death or personal injury, 75 Pa.C.S. § 3742(a). On July 30, 2012, Loughnane filed an omnibus pretrial motion contending, inter alia, that police illegally seized his truck…”
— 75 Pa. Cons. Stat. § 3742(a)(1) — 1 case
— 75 Pa. Cons. Stat. § 3742(a)(l) — 1 case
— 75 Pa. Cons. Stat. § 3742(b) — 4 cases
— 75 Pa. Cons. Stat. § 3742(b)(2) — 2 cases
Commonwealth v. Kenney, 210 A.3d 1077 (Pa. Super. Ct. 2019).
“The Commonwealth presents one question for our review: Whether the trial court erred in sentencing Defendant, at Count 2-Accidents Involving Death or Personal Injury, to a term of intermediate punishment for a period of sixty (60) months, with three hundred sixty-five (365) days…”
— 75 Pa. Cons. Stat. § 3742(b)(3) — 1 case
— 75 Pa. Cons. Stat. § 3742(b)(3)(1) — 1 case
— 75 Pa. Cons. Stat. § 3742(b)(3)(i) — 4 cases
Commonwealth v. Kenney, 210 A.3d 1077 (Pa. Super. Ct. 2019).
“The Commonwealth presents one question for our review: Whether the trial court erred in sentencing Defendant, at Count 2-Accidents Involving Death or Personal Injury, to a term of intermediate punishment for a period of sixty (60) months, with three hundred sixty-five (365) days…”
— 75 Pa. Cons. Stat. § 3742(c) — 1 case
Commonwealth v. Kenney, 210 A.3d 1077 (Pa. Super. Ct. 2019).
“The Commonwealth presents one question for our review: Whether the trial court erred in sentencing Defendant, at Count 2-Accidents Involving Death or Personal Injury, to a term of intermediate punishment for a period of sixty (60) months, with three hundred sixty-five (365) days…”
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