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Introduced Version Senate Bill 654 History

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sb654 intr
Senate Bill No. 654

(By Senator Minard)

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[Introduced March 21, 2005; referred to the Committee

on the Judiciary.]

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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 after review.

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 reports and the purposes to be served. The written reports to be made by investigating officers shall call for sufficiently detailed information to disclose with reference to a traffic accident the cause, conditions then existing, and the persons and vehicles involved.
(b) Every accident report required to be made in writing shall be made on the appropriate form approved by the Division and shall contain all of the 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 after review.



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.
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