Accidents

 

 

    Subdivision 1.    Driver to stop for accident with
 individual.  The driver of any motor vehicle involved in an
 accident resulting in Immediateely demonstrable bodily injury to
 or death of any individual shall Immediateely stop the vehicle at
 the scene of the accident, or as close to the scene as possible
 but shall then return to and in every event shall remain at the
 scene of the accident, until the driver has fulfilled the
 requirements of this section as to the giving of information. 
 The stop must be made without unnecessarily obstructing traffic.

    Subd. 2.    Driver to stop for accident to property. 
 The driver of any motor vehicle involved in an accident to a
 vehicle driven or attended by any individual shall Immediateely
 stop the motor vehicle at the scene of the accident, or as close
 to the accident as possible but shall forthwith return to and in
 every event shall remain at the scene of the accident, until the
 driver has fulfilled the requirements of this section as to the
 giving of information.  The stop must be made without
 unnecessarily obstructing traffic.

    Subd. 3.    Driver to give information.  (a) The driver
 of any motor vehicle involved in an accident resulting in bodily
 injury to or death of any individual, or damage to any vehicle
 driven or attended by any individual, shall stop and give the
 driver's name, address, and date of birth and the registration
 plate number of the vehicle being driven.  The driver shall,
 upon request and if available, exhibit the driver's license or
 permit to drive to the individual struck or the driver or
 occupant of or individual attending any vehicle collided with. 
 The driver also shall give the information and upon request
 exhibit the license or permit to any peace officer at the scene
 of the accident or who is investigating the accident.  The
 driver shall render reasonable assistance to any individual
 injured in the accident.

    (b) If not given at the scene of the accident, the driver,
 within 72 hours after the accident, shall give, on request to
 any individual involved in the accident or to a peace officer
 investigating the accident, the name and address of the insurer
 providing vehicle liability insurance coverage, and the local
 insurance agent for the insurer. 

    Subd. 4.    Collision with unattended vehicle.  The
 driver of any motor vehicle that collides with and damages any
 vehicle that is unattended shall Immediateely stop and either
 locate and notify the driver or owner of the vehicle of the name
 and address of the driver and registered owner of the vehicle
 striking the unattended vehicle, shall report this same
 information to a peace officer, or shall leave in a conspicuous
 place in or secured to the vehicle struck, a written notice
 giving the name and address of the driver and of the registered
 owner of the vehicle doing the striking.

    Subd. 5.    Notify owner of damaged property.  The
 driver of any vehicle involved in an accident resulting only in
 damage to fixtures legally upon or adjacent to a highway shall
 take reasonable steps to locate and notify the owner or person
 in charge of the property of that fact, of the driver's name and
 address, and of the registration plate number of the vehicle
 being driven and shall, upon request and if available, exhibit
 the driver's license, and make report of the accident in every
 case.  The report must be made in the same manner as a report
 made pursuant to subdivision 7.

    Subd. 5a.    Driver deemed agent of owner.  Whenever any
 motor vehicle shall be operated within this state, by any person
 other than the owner, with the consent of the owner, express or
 implied, the operator thereof shall in case of accident, be
 deemed the agent of the owner of such motor vehicle in the
 operation thereof. 

    Subd. 6.    Notice of personal injury.  The driver of a
 vehicle involved in an accident resulting in bodily injury to or
 death of any individual shall, after compliance with this
 section and by the quickest means of communication, give notice
 of the accident to the local police department if the accident
 occurs within a municipality, to a State Patrol officer if the
 accident occurs on a trunk highway, or to the office of the
 sheriff of the county.

    Subd. 7.    Accident report to commissioner.  (a) The
 driver of a vehicle involved in an accident resulting in bodily
 injury to or death of any individual or total property damage to
 an apparent extent of $1,000 or more, shall forward a written
 report of the accident to the commissioner of public safety
 within ten days of the accident.  On the required report, the
 driver shall provide the commissioner with the name and policy
 number of the insurer providing vehicle liability insurance
 coverage at the time of the accident. 

    (b) On determining that the original report of any driver
 of a vehicle involved in an accident of which report must be
 made as provided in this section is insufficient, the
 commissioner of public safety may require the driver to file
 supplementary information.

    Subd. 8.    Officer to report accident to commissioner. 
 A peace officer who, in the regular course of duty, investigates
 an accident that must be reported under this section shall,
 within ten days after the date of the accident, forward an
 electronic or written report of the accident as prescribed by
 the commissioner of public safety.

    Subd. 9.    Accident report format.  The commissioner of
 public safety shall prescribe the format for the accident
 reports required under this section.  Upon request the
 commissioner shall make available the format to police
 departments, coroners, sheriffs, garages, and other suitable
 agencies or individuals.  The electronic or written report to be
 completed by individuals involved in accidents and by
 investigating peace officers must disclose the causes, existing
 conditions, and the individuals and vehicles involved.

    Subd. 10. Repealed, 2005 c 163 s 89

    Subd. 11.    Coroner to report death.  Every coroner or
 other official performing like functions shall report in writing
 to the commissioner of public safety the death of any individual
 within the coroner's jurisdiction as the result of an accident
 involving a vehicle and the circumstances of the accident.  The
 report must be made within 15 days after the death.

    In the case of drivers killed in vehicle accidents and of
 the death of pedestrians 16 years of age or older, who die
 within four hours after an accident, the coroner or other
 official performing like functions shall examine the body and
 shall make tests as are necessary to determine the presence and
 percentage concentration of alcohol, and drugs if feasible, in
 the blood of the victim.  This information must be included in
 each report submitted pursuant to the provisions of this
 subdivision and shall be tabulated on a monthly basis by the
 commissioner of public safety.  This information may be used
 only for statistical purposes that do not reveal the identity of
 the deceased.

    Subd. 12.    Garage to report bullet damage.  The
 individual in charge of any garage or repair shop to which is
 brought any vehicle that shows evidence of having been struck by
 any bullet shall Immediateely report to the local police or
 sheriff and to the commissioner of public safety within 24 hours
 after the vehicle is received, giving the engine number if any,
 registration plate number, and the name and address of the
 registered owner or operator of the vehicle.

    Subd. 13.    Reports confidential; evidence, fee, penalty,
 appropriation.  (a) All reports and supplemental information
 required under this section must be for the use of the
 commissioner of public safety and other appropriate state,
 federal, county, and municipal governmental agencies for
 accident analysis purposes, except:

    (1) the commissioner of public safety or any law
 enforcement agency shall, upon written request of any individual
 involved in an accident or upon written request of the
 representative of the individual's estate, surviving spouse, or
 one or more surviving next of kin, or a trustee appointed under
 section 573.02, disclose to the requester, the requester's legal
 counsel, or a representative of the requester's insurer the
 report required under subdivision 8;

    (2) the commissioner of public safety shall, upon written
 request, provide the driver filing a report under subdivision 7
 with a copy of the report filed by the driver;

    (3) the commissioner of public safety may verify with
 insurance companies vehicle insurance information to enforce
 sections 65B.48, 169.792, 169.793, 169.796, and 169.797;

    (4) the commissioner of public safety shall provide the
 commissioner of transportation the information obtained for each
 traffic accident involving a commercial motor vehicle, for
 purposes of administering commercial vehicle safety regulations;
 and

    (5) the commissioner of public safety may give to the
 United States Department of Transportation commercial vehicle
 accident information in connection with federal grant programs
 relating to safety.

    (b) Accident reports and data contained in the reports are
 not discoverable under any provision of law or rule of court. 
 No report shall be used as evidence in any trial, civil or
 criminal, or any action for damages or criminal proceedings
 arising out of an accident.  However, the commissioner of public
 safety shall furnish, upon the demand of any person who has or
 claims to have made a report or upon demand of any court, a
 certificate showing that a specified accident report has or has
 not been made to the commissioner solely to prove compliance or
 failure to comply with the requirements that the report be made
 to the commissioner.

    (c) Nothing in this subdivision prevents any individual who
 has made a report under this section from providing information
 to any individuals involved in an accident or their
 representatives or from testifying in any trial, civil or
 criminal, arising out of an accident, as to facts within the
 individual's knowledge.  It is intended by this subdivision to
 render privileged the reports required, but it is not intended
 to prohibit proof of the facts to which the reports relate.

    (d) Disclosing any information contained in any accident
 report, except as provided in this subdivision, section 13.82,
 subdivision 3 or 6, or other statutes, is a misdemeanor.

    (e) The commissioner of public safety shall charge
 authorized persons as described in paragraph (a) a $5 fee for a
 copy of an accident report.  Ninety percent of the $5 fee
 collected under this paragraph must be deposited in the special
 revenue fund and credited to the driver services operating
 account established in section 299A.705 and ten percent must be
 deposited in the general fund.  The commissioner may also
 furnish an electronic copy of the database of accident records,
 which must not contain personal or private data on an
 individual, to private agencies as provided in paragraph (g),
 for not less than the cost of preparing the copies on a bulk
 basis as provided in section 13.03, subdivision 3. 

    (f) The fees specified in paragraph (e) notwithstanding,
 the commissioner and law enforcement agencies shall charge
 commercial users who request access to response or incident data
 relating to accidents a fee not to exceed 50 cents per record. 
 "Commercial user" is a user who in one location requests access
 to data in more than five accident reports per month, unless the
 user establishes that access is not for a commercial purpose. 
 Of the money collected by the commissioner under this paragraph,
 90 percent must be deposited in the special revenue fund and
 credited to the driver services operating account established in
 section 299A.705 and ten percent must be deposited in the
 general fund.

    (g) The fees in paragraphs (e) and (f) notwithstanding, the
 commissioner shall provide an electronic copy of the accident
 records database to the public on a case-by-case basis using the
 cost-recovery charges provided for under section 13.03,
 subdivision 3.  The database provided must not contain personal
 or private data on an individual.  However, unless the accident
 records data base includes the vehicle identification number,
 the commissioner shall include the vehicle registration plate
 number if a private agency certifies and agrees that the agency:

    (1) is in the business of collecting accident and damage
 information on vehicles;

    (2) will use the vehicle registration plate number only for
 identifying vehicles that have been involved in accidents or
 damaged, to provide this information to persons seeking access
 to a vehicle's history and not for identifying individuals or
 for any other purpose; and

    (3) will be subject to the penalties and remedies under
 sections 13.08 and 13.09.

    Subd. 14.    Penalties.  (a) The driver of any vehicle
 who violates subdivision 1 or 6 and who did not cause the
 accident is punishable as follows: 

    (1) if the accident results in the death of any individual,
 the driver is guilty of a felony and may be sentenced to
 imprisonment for not more than three years, or to payment of a
 fine of not more than $5,000, or both;

    (2) if the accident results in great bodily harm to any
 individual, as defined in section 609.02, subdivision 8, the
 driver is guilty of a felony and may be sentenced to
 imprisonment for not more than two years, or to payment of a
 fine of not more than $4,000, or both; or

    (3) if the accident results in substantial bodily harm to
 any individual, as defined in section 609.02, subdivision 7a,
 the driver may be sentenced to imprisonment for not more than
 one year, or to payment of a fine of not more than $3,000, or
 both. 

    (b) The driver of any vehicle involved in an accident not
 resulting in substantial bodily harm or death who violates
 subdivision 1 or 6 may be sentenced to imprisonment for not more
 than one year, or to payment of a fine of not more than $3,000,
 or both. 

    (c) Any person who violates subdivision 2, 3, 4, 5, 7, 8,
 11, or 12 is guilty of a misdemeanor.

    (d) The attorney in the jurisdiction in which the violation
 occurred who is responsible for prosecution of misdemeanor
 violations of this section shall also be responsible for
 prosecution of gross misdemeanor violations of this section.

    Subd. 14a.    Suspension of license for failure to report
 accident.  The commissioner may suspend the license, or any
 nonresident's operating privilege, of any person who willfully
 fails, refuses, or neglects to make report of a traffic accident
 as required by the laws of this state.  A license suspension
 under this section is subject to the notice requirements of
 section 171.18, subdivision 2. 

    Subd. 15.    Defense.  It is an affirmative defense to
 prosecution under subdivisions 1, 2, and 6 that the driver left
 the scene of the accident to take any individual suffering
 Immediateely demonstrable bodily injury in the accident to
 receive emergency medical care if the driver of the involved
 vehicle gives notice to a law enforcement agency as required by
 subdivision 6 as soon as reasonably feasible after the emergency
 medical care has been undertaken. 

    Subd. 16.    Commissioner as agent for service of process.
  The use and operation by a resident of this state or the
 resident's agent, or by a nonresident or the nonresident's
 agent, of a motor vehicle within the state of Minnesota, is
 deemed an irrevocable appointment by the resident if absent from
 this state continuously for six months or more following an
 accident, or by the nonresident at any time, of the commissioner
 of public safety to be the resident's or nonresident's true and
 lawful attorney upon whom may be served all legal process in any
 action or proceeding against the resident or nonresident or the
 executor, administrator, or personal representative of the
 resident or nonresident growing out of the use and operation of
 a motor vehicle within this state, resulting in damages or loss
 to person or property, whether the damage or loss occurs on a
 highway or on abutting public or private property.  This
 appointment is binding upon the nonresident's executor,
 administrator, or personal representative.  The use or operation
 of a motor vehicle by the resident or nonresident is a
 signification of agreement that any process in any action
 against the resident or nonresident or executor, administrator,
 or personal representative of the resident or nonresident that
 is so served has the same legal force and validity as if served
 upon the resident or nonresident personally or on the executor,
 administrator, or personal representative of the resident or
 nonresident.  Service of process must be made by serving a copy
 thereof upon the commissioner or by filing a copy in the
 commissioner's office, together with payment of a fee of $20,
 and is deemed sufficient service upon the absent resident or the
 nonresident or the executor, administrator, or personal
 representative of the resident or nonresident; provided that
 notice of service and a copy of the process are sent by mail by
 the plaintiff within ten days to the defendant at the
 defendant's last known address and that the plaintiff's
 affidavit of compliance with the provisions of this chapter is
 attached to the summons. 

    Subd. 17.    Information access by vehicle owners.  If
 an accident report has been prepared by a person involved in an
 accident and no report has been prepared by a law enforcement
 officer, the owners of the vehicles involved in an accident
 shall have the same access to information maintained by the
 Department of Public Safety, Driver and Vehicle Services
 Division, about the vehicles, their owners, and their drivers
 that would have been available to a law enforcement officer
 reporting on the accident.

    Subd. 18.    Continuance of court proceeding; costs. 
 The court in which the action is pending may order a continuance
 as may be necessary to afford the defendant reasonable
 opportunity to defend the action, not exceeding 90 days from the
 date of filing of the action in that court.  The fee of $20 paid
 by the plaintiff to the commissioner at the time of service of
 the proceedings must be taxed in the plaintiff's cost if the
 plaintiff prevails in the suit.  The commissioner shall keep a
 record of all processes so served, which must show the day and
 hour of service. 

    HIST: (2720-168, 2720-169, 2720-170, 2720-171, 2720-172,
 2720-173) 1937 c 464 s 18-23; 1939 c 430 s 2,3; 1941 c 439;
 1943 c 548 s 1; 1945 c 207 s 1; 1947 c 114 s 1; 1947 c 428 s
 7-10; 1959 c 679 s 1; 1963 c 280 s 1; 1963 c 634 s 1; 1965 c 815
 s 1; Ex1967 c 3 s 1; 1971 c 491 s 5-11; Ex1971 c 27 s 3-5; 1974
 c 22 s 1-4; 1974 c 343 s 1; 1977 c 53 s 1; 1978 c 461 s 1,2;
 1978 c 679 s 1; 1980 c 498 s 2,3; 1981 c 37 s 2; 1981 c 357 s
 60; 1982 c 545 s 22; 1982 c 617 s 6; 1983 c 345 s 2-7; 1984 c
 622 s 1-4; 1984 c 628 art 3 s 11; 1Sp1985 c 4 s 3; 1986 c 444;
 1987 c 180 s 1; 1987 c 383 s 5; 1989 c 290 art 6 s 1; 1989 c 321
 s 9; 1991 c 319 s 16; 1993 c 351 s 27,28; 1994 c 399 s 1; 1996 c
 408 art 3 s 1; 1997 c 230 s 2; 1999 c 227 s 22; 2001 c 91 s 1;
 1Sp2001 c 8 art 2 s 39-41; 1945 c 285 s 4,34; 1967 c 397 s 1;
 1996 c 346 s 3; 2005 c 163 s 60-75,88; 1Sp2005 c 6 art 2 s 35

 

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