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Home » US Law » 2022 West Virginia Code » Chapter 17C. Traffic Regulations and Laws of the Road » Article 4. Accidents » §17C-4-1. Crashes Involving Death or Personal Injuries; Erin’s Law

(a) The driver of any vehicle involved in a crash resulting in the injury to or death of any person shall immediately stop the vehicle at the scene of the crash or as close to the scene as possible and return to and remain at the scene of the crash until he or she has complied with the requirements of §17C-4-3 of this code: Provided, That the driver may leave the scene of the crash as may reasonably be necessary for the purpose of rendering assistance to any person injured in the crash, as required by §17C-4-3 of this code.

(b) Any driver who is involved in a crash in which another person suffers bodily injury and who intentionally violates §17C-4-1(a) of this code when he or she knows or has reason to believe that another person has suffered physical injury in said crash is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, confined in jail for not more than one year, or both fined and confined.

(c) Notwithstanding the provisions of §17C-4-1(b) of this code, any driver who is involved in a crash in which another person suffers serious bodily injury and who intentionally violates §17C-4-1(a) of this code when he or she knows or has reason to believe that another person has suffered physical injury in said crash is guilty of a felony and, upon conviction thereof, shall be fined not more than $2,500, or imprisoned in a state correctional facility for not less than one year nor more than three years, or both fined and imprisoned.

(d) Notwithstanding the provisions of §17C-4-1(b) or §17C-4-1(c) of this code, any driver who is involved in a crash that proximately causes the death of another person who intentionally violates §17C-4-1(a) of this code when he or she knows or has reason to believe that another person has suffered physical injury in said crash is guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000, or imprisoned in a state correctional facility for not less than one year nor more than five years, or both fined and imprisoned: Provided, That any death underlying a prosecution under this subsection must occur within one year of the crash.

(e) As used in this section:

(1) “Bodily injury” means injury that causes substantial physical pain, illness, or any impairment of physical condition;