Let’s first look at the statutory language.

“The operator of a motor vehicle who has caused or is involved in a crash resulting in injury to any person other than the operator, or in damage to any property other than the vehicle then under his or her control, shall immediately stop and render any assistance reasonably necessary. Subsection 1102(g) of this title (stopping not to impede traffic or jeopardize safety; exceptions) governs the location where a person shall stop. The operator shall give his or her name, residence, license number, and the name of the owner of the motor vehicle to any person who is injured or whose property is damaged and to any enforcement officer. A person who violates this section shall be fined not more than $2,000.00 or imprisoned for not more than two years, or both.”

Now let’s apply this language to a scenario:

Bill is driving down a Vermont country road; dirt, dark, cold and snow covered. Bill attempts to stop at an intersection and slides across the road into a telephone pole. Bill is fine, he gets out of the car and takes a quick look around. Assuming there is no damage and clearly no one hurt, Bill drives home.

Telephone repair professional drives by the intersection the next morning, notices the damage to the pole and calls it in to dispatch, who then notify police.

Activate investigation and activate Bill being the target.

Analysis:

By not notifying the power company after the incident of the collision and by not reporting it to police, but instead driving home, it could be alleged that Bill did not “render any assistance reasonably necessary” and therefore could be subject to criminal charges and a license suspension of at least 30 days.

The content in this post should not be considered legal advice and is only for information purposes. If you have a specific legal issue that needs to be addressed, consult with your own private attorney.

The Vermont DMV has strict timelines on the filing of a uniform accident report by a motorist who is involved in a car accident where damage has been sustained. However, if there is an ongoing investigation into an accident, or if a motorist has been cited for a criminal offense, such as DUI or Negligent Operation, there are several complicated considerations that should be evaluated before submitting this report.

23 VSA  § 1129 states:

“The operator of a motor vehicle involved in a crash in which someone is injured or there is total property damage of $3,000.00 or more shall make a written report concerning the crash to the Commissioner on forms furnished by the Commissioner. The written report shall be mailed to the Commissioner within 72 hours after the crash. The Commissioner may require further facts concerning the crash be provided upon forms he or she furnishes (emphasis added).”

The Details of the Report

Much of the information requested in this report is not prejudicial to the defense of any claim that is brought against the motorist. Information such as the make and model of the car, policy number for insurance and your name and date of birth should be freely provided in a timely fashion. However, on page two of the Uniform Crash Report, there is a section that requests that you, in your own words, provide a narrative of what happened.

Filing a False Report

First off, it should be made clear that filing any type of false information in this report can be considered a crime under 13 V.S.A. § 1754.

Providing an Accurate Narrative

Further, if you provide an accurate detailed description of the events that led up to the accident, this information, which you are required to swear to the truth of, could be used against you in a criminal prosecution.

Does the 5th Amendment Apply?

All defendants in criminal actions have a right to not incriminate themselves under the 5th Amendment of the US Constitution. Since the DMV is requesting just that in their Uniform Accident Report, declining to answer may be a viable option after you have consulted with your attorney.

What Are the Consequences of Not Filing Any Report?

The Vermont DMV can move to suspend your license should you fail to fill out any accident report. As stated above, the basic identifying information should not provide too much risk of self incrimination. However, consulting with the appropriate legal professionals before submitting this report may be the best course of action before you ultimately determine how detailed you want to be in responding to the DMV’s request for information.

The information contained in this post is for general information only. Should you need specific legal advice concerning any matter, consult with your personal attorney.

Some of the evidence officers will look for is as follows:

1.  The length of any skid marks to give an indication of how fast the vehicle was moving before the accident;
2. The condition of the vehicles tires.  Bald tires along can result in a traffic ticket if the officer feels the driver was negligent in not installing sufficient tires on their car for the driving conditions;
3. The difficulty of the road.  Did this accident occur on a windy tight road, or a wide straight road such as Route 7 or Interstate 89 or 91?
4. Witness statements.  Did anyone else see the accident occur or the manner of operation leading up to the accident?  Keep in mind here, that if witness observation is the sole basis of the Vermont traffic ticket, the officer will need to provide the witness at the hearing, which is rare in Vermont Judicial Bureau proceedings.

Keep in mind all of the above when venturing out into the snow this winter.  Also keep in mind that in Vermont it assumed that any accident, was a result of driving too fast for the conditions or driving recklessly unless their is proof to refute this assumption and thus, extreme care is needed in order to avoid the tickets or criminal citations that can add insult to an already injurious situation.