Question About Law (Page: felony, attorney, military)

[RCH]

I was told that ND and other states which have very severe winters have laws which say you "have" to stop if you see a vehicle or person on the road
broken down. Is this true?

Just wondered if this is correct, or one of the "urban legends."

[Sam_in_ND]

I don't know if it is true or not but I have broken down in the winter and did have several people stop to help. Then again many more did not.

[dutchinnd]

From Title 39--Motor Vehicles--of the North Dakota Century Code, which can be found on the State of ND website www.nd.gov:
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1. The driver of any vehicle involved in an accident resulting in injury to or death of any
person shall immediately stop or return with the vehicle as close as possible to the
scene of the accident and in every event shall remain at the scene of the accident
until that driver has fulfilled the requirements of section 39-08-06. Every stop
required by this section must be made without obstructing traffic more than is
necessary.
Page No. 4
2. Any person failing to comply with the requirements of this section under
circumstances involving personal injury is guilty of a class A misdemeanor. Any
person negligently failing to comply with the requirements of this section under
circumstances involving serious personal injury is guilty of a class C felony. Any
person negligently failing to comply with the requirements of this section under
circumstances involving death is guilty of a class B felony.
3. The director shall revoke the license or permit to drive or nonresident operating
privilege of a person convicted under this section.

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39-08-04.1. Emergency care or services rendered - Liability.

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[SIZE=3]Any person who is an
unpaid volunteer, who in good faith, renders emergency care or services at or near the scene of
an accident, disaster, or other emergency, or en route to a treatment facility, is not liable to the
recipient of the emergency care or services for any damages resulting from the rendering of that
care or services.
This section does not relieve a person from liability for damages resulting from the
intoxication, willful misconduct, or gross negligence of the person rendering the emergency care
or services. Further, liability is not relieved if the emergency care was rendered for remuneration

or with the expectation of remuneration.

I'm not an attorney, but it appears that if you are involved in an accident, of course you must stay at the scene. If you do choose to assist, you cannot be held liable--unless you are drunk and thus harm someone w/ your assistance.

The standard advice that I've heard is to call in the accident on your cell phone first and make sure that qualified emergency responders are on their way.
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[RCH]

I'm not speaking of a traffic accident, just passing by a motorist who has broken down,etc and is "stranded" in the winter months. I have been told it was ND law that "required" a person to stop and assist due to the harsh winters there.

[therrboomer]

Law or not, one of the many "Good" things about ND is that your fellow citizens will stop in the winter if you appear to be having vehicle problems.
When they do stop it is to help, and not rob you as is the case in too many other areas of the US.

[Roloff1976]

I was curious about this question and asked a friend who is in law enforcement. There is no law that you have to stop and help a stranded motorist (even in severe weather conditions)...but law enforcement must. It would be ridiculous to require anyone to stop and help/pickup total strangers...that is as dangerous as picking up a hitchhiker that you know nothing about. But in ND, it is common courtesy to at least pull up and ask (through a window) if you can call in anyway by maybe calling for assistance (tow truck, highway patrol, ambulance, etc... with a cell phone) but to make the motorist coming up on a stranded vehicle liable for the welfare of the stranded party is pretty absord and definately not a law.

[RCH]

Thanks for the infomation. When I was told this it was many years ago, and by a person who had been stationed in the military in ND.