The driver of any vehicle involved in an accident in which a person is killed or injured or in which an attended vehicle or other attended property is damaged shall immediately stop as close to the scene of the accident as possible without obstructing traffic, as provided in § 46.2-888, and report his name, address, driver's license number, and vehicle registration number forthwith to the State Police or local law-enforcement agency, to the person struck and injured if such person appears to be capable of understanding and retaining the information, or to the driver or some other occupant of the vehicle collided with or to the custodian of other damaged property. The driver shall also render reasonable assistance to any person injured in such accident, including taking such injured person to a physician, surgeon, or hospital if it is apparent that medical treatment is necessary or is requested by the injured person.
Where, because of injuries sustained in the accident, the driver is prevented from complying with the foregoing provisions of this section, the driver shall, as soon as reasonably possible, make the required report to the State Police or local law-enforcement agency and make a reasonable effort to locate the person struck, or the driver or some other occupant of the vehicle collided with, or the custodian of the damaged property, and report to such person or persons his name, address, driver's license number, and vehicle registration number.
Any person convicted of a violation of this section is guilty of (i) a Class 5 felony if the accident results in injury to or the death of any person, or if the accident results in more than $1000 of damage to property or (ii) a Class 1 misdemeanor if the accident results in damage of $1000 or less to property.
Code 1950, § 46-189; 1958, c. 541, § 46.1-176; 1970, c. 59; 1977, c. 267; 1982, c. 503; 1984, c. 780; 1989, c. 727; 1997, c. 431; 2001, c. 808; 2002, c. 115; 2005, c. 131.
Notes of Decisions
Cited in
118
cases (
31 in the last 5 years), 1991–2026 · leading case:
Edwards v. Commonwealth, 589 S.E.2d 444 (Va. Ct. App. 2003).
Edwards v. Commonwealth, 589 S.E.2d 444 (Va. Ct. App. 2003).
· cites it 44× “2-817(B), and leaving the scene of an accident involving personal injury, in violation of Code § 46.2-894. In a bench trial, she was convicted of assault on a law enforcement officer, in violation of Code § 18.”
Lamarr Ramon Masean Smith v. Commonwealth of Virginia, 785 S.E.2d 500 (Va. Ct. App. 2016).
· cites it 41× “Smith (“appellant”) appeals his conviction of felony hit and run, in violation of Code § 46.2-894. After a *384 bench trial in the Circuit Court of the City of Portsmouth (“trial court”), appellant was sentenced to one year and six months of active incarceration.”
Robinson v. Com., 645 S.E.2d 470 (Va. 2007).
· cites it 30× “In this appeal, we consider whether the driver of a vehicle was involved in an accident within the intendment of Code § 46.2-894, a penal statute. This statute states in relevant part: "The driver of any vehicle involved in an accident in which a person is killed or injured or…”
Tooke v. Commonwealth, 627 S.E.2d 533 (Va. Ct. App. 2006).
· cites it 24× “Bo Jason Tooke was convicted in a bench trial of two counts of failure to stop at the scene of an accident in violation of Code § 46.2-894. The convictions arose from a motor vehicle accident in which Tooke forced an oncoming vehicle to go off the road and crash without any…”
Neel v. Commonwealth, 641 S.E.2d 775 (Va. Ct. App. 2007).
· cites it 24× “Neel (appellant) appeals from his jury trial conviction for leaving the scene of an accident involving personal injury in violation of Code § 46.2-894. On appeal, he concedes the evidence was sufficient to prove he failed to stop at the scene of an accident involving property…”
Vickie Marrs Belew v. Commonwealth of Virginia, 741 S.E.2d 800 (Va. Ct. App. 2013).
· cites it 30× “Vickie Marrs Belew (appellant) appeals her conviction for felony hit and run in violation of Code § 46.2-894. In this appeal, appellant contends that the trial court erred when it denied her motions to strike because the evidence was insufficient to prove that appellant caused…”
Clarke v. Galdamez, 789 S.E.2d 106 (Va. 2016).
· cites it 16× “Because Galdamez admits he did not "immediately" stop at the scene of the accident, "as a matter of law, [Galdamez] would have been convicted had he gone to trial.”
O'Connell v. Commonwealth, 634 S.E.2d 379 (Va. Ct. App. 2006).
· cites it 12× “FAILING TO STOP AT THE SCENE OF AN ACCIDENT Appellant also argues the evidence did not prove he violated Code § 46.2-894 by failing to stop, report information, and render assistance at the scene of a motor vehicle accident.”
Johnson v. Commonwealth, 418 S.E.2d 729 (Va. Ct. App. 1992).
· cites it 16× “Johnson was found guilty of failing to stop at the scene of an accident in violation of Code § 46.2-894. He was sentenced to ten years imprisonment, suspended on condition of good behavior.”
Scott v. Commonwealth, 707 S.E.2d 17 (Va. Ct. App. 2011).
· cites it 4× “First, he argues that Code § 46.2-894 makes a person’s failure to stop at the scene of an accident criminal only when the person knows that the accident has resulted in the injury or death of another or has *46 resulted in property damage.”
— Va. Code Ann. § 46.2-894(i) — 2 cases
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