West Virginia Car Accident Laws: Your Legal Duty After an Accident

Learn more about your legal obligations after a collision in Washington, such as rendering aid and reporting the accident.

As a driver in West Virginia, you should be aware of your legal duties if you are ever involved in a car accident. Knowing what to do – and what not to do – following an accident is crucial for avoiding serious legal consequences.

Here we discuss the laws that every West Virginia driver needs to know about car accidents. You can also read Article 4 of the West Virginia Traffic Code to learn more.

1. West Virginia Driver Exchange of Information Law

If you’re ever involved in a car crash resulting in injury or death in West Virginia, you are legally required to stay at the scene of the collision.

You’ll also need to provide certain information to the other parties in the accident, including your name and phone number, as well as the make and model of the vehicle you’re driving and the last four digits of its vehicle identification number. Additionally, you must show proof of financial responsibility and the information on your certificate of insurance.

The driver of any vehicle involved in a crash resulting in injury or death shall immediately stop the vehicle and remain at the scene of the crash until he or she has complied with the requirements of §17C-4-3 of this code

WV Code § 17C-4-1

The driver of any vehicle involved in a crash resulting in injury or death or damage to any vehicle shall, if physically able to do so, provide to the person struck or the driver or occupant of or person attending any vehicle collided with, the following:

  • His or her name, a valid telephone number where he or she may be contacted and the year, make, model and last four digits of the vehicle identification number of the vehicle he or she is driving; and
  • Proof of security and financial responsibility, and if provided by insurance, the information provided upon the certificate of insurance, including the name of the insured, the name and contact information of the insurer and insurance policy number.

WV Code § 17C-4-3

2. West Virginia Car Accident Injury Law: Duty to Render Aid

After a car crash, West Virginia law requires you to render aid to anyone who is injured. This means you must provide “reasonable assistance,” such as taking the injured person to a nearby hospital to receive medical attention or arranging for someone else to take them for treatment.

The driver of any vehicle involved in a crash, if physically able to do so, shall render to any person injured reasonable assistance, including the carrying, or the making arrangements for the carrying, of such person to a hospital for medical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person.

WV Code § 17C-4-3

3. West Virginia Law on Reporting a Car Accident to Police

West Virginia law mandates that you must report car accidents that result in injury, death, or total property damage of at least $1,000. To comply with this rule, you must contact the local police department as soon as you can.

The driver of a vehicle involved in a crash resulting in injury or death or total property damage of $1,000 or more shall immediately by the quickest means of communication, give notice of such crash to the local police department if such crash occurs within a municipality, otherwise to the office of the county sheriff or the nearest office of the West Virginia State Police.

WV Code § 17C-4-6

What if I Fail to Report an Accident in West Virginia?

Failing to report an accident in West Virginia could result in your driver’s license being suspended. You could also be convicted of a misdemeanor offense with a maximum penalty of a $100 fine or 10 days imprisonment.

The commissioner may suspend the driver’s license of any person failing to notify law enforcement of a crash. Any person convicted of failing to notify law enforcement as required herein shall be punished as provided in section one, article eighteen of this chapter.

WV Code § 17C-4-10

It is a misdemeanor for any person to violate any of the provisions of this chapter unless such violation is by this chapter or other law of this state declared to be a felony.

Every person convicted of a misdemeanor for a violation of any of the provisions of this chapter for which another penalty is not provided shall be punished by a fine of not more than $100 or by imprisonment for not more than ten days.

WV Code § 17C-18-1

4. West Virginia Car Accidents With No Injuries: Your Legal Duty

Under West Virginia law, you must immediately stop at the scene of an accident where any vehicle is damaged, even if nobody is hurt. You must also exchange information with the other people involved in the accident.

The driver of any vehicle involved in a crash resulting only in damage to a vehicle shall immediately stop and remain at the scene until he has fulfilled the requirements of section three of this article. Every such stop shall be made without obstructing traffic more than is necessary.

WV Code § 17C-4-2

The driver of any vehicle involved in a crash resulting in damage to any vehicle shall provide to the person struck or the driver or occupant of or person attending any vehicle collided with, the following:

  • His or her name, a valid telephone number where he or she may be contacted and the year, make, model and last four digits of the vehicle identification number of the vehicle he or she is driving; and
  • Proof of security and financial responsibility, and if provided by insurance, the information provided upon the certificate of insurance, including the name of the insured, the name and contact information of the insurer and insurance policy number.

WV Code § 17C-4-3

5. What if I Hit a Parked Car in West Virginia?

When you hit a parked car in West Virginia, the law says you must stop immediately at the scene. You are then responsible for either locating the owner of the vehicle you hit or leaving a note. Either way, you must provide your name and address, as well as the name and address of the owner of the vehicle you were driving if it isn’t yours.

The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and either locate and notify the owner of the name and address of the driver and owner of the vehicle striking the unattended vehicle or leave in a written notice giving the name and address of the driver and of the owner of the vehicle and a statement of the circumstances thereof.

WV Code § 17C-4-4

We all know that car accidents can be overwhelming, and understanding your legal duties can be confusing. Still, it is essential for you to know your obligations and comply with them should you happen to get into a crash. So the next time you take a drive in West Virginia, be sure to remember these essential car accident laws.