H. B. 2492
(By Delegate Talbott)
[Introduced February 17, 2009; referred to the
Committee on Roads and Transportation then the
Judiciary.]
A BILL to amend and reenact §17C-4-9 of the Code of West Virginia,
1931, as amended, relating to accident report forms; and
providing that a completed accident report form is conclusive
upon the issue as to causation unless a court of competent
jurisdiction rules otherwise.
Be it enacted by the Legislature of West Virginia:
That §17C-4-9 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 4. ACCIDENTS.
§17C-4-9. Accident report forms.
(a) The division shall prepare and upon request supply to
police departments, coroners, sheriffs, Division of Natural
Resources and other suitable agencies or individuals, forms for
accident reports, required hereunder appropriate with respect to
the persons required to make such the reports and the purposes to be served. These written accident reports to be made by
investigating officers shall call for be sufficiently detailed
information to disclose with reference to a traffic accident the
cause, conditions then existing, and the persons and vehicles
involved.
(b) Every required written accident report required to be made
in writing shall be made on the appropriate form forms approved by
the division and shall contain all of the available information
required therein. unless not available
(c) Every such report shall also contain information
sufficient to enable the commissioner to determine whether the
requirements for security upon motor vehicles is in effect in
accordance with chapter seventeen-d of this code.
(d) Notwithstanding any other provision of law to the
contrary, a completed accident report form is conclusive as to the
issue of the accident's cause, unless a court of competent
jurisdiction rules otherwise.
NOTE: The purpose of this bill is to provide that accident
report forms are conclusive as to the issue of the accident's
cause, unless a court rules otherwise.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.