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Introduced Version House Bill 2492 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2492


(By Delegate Talbott)
[Introduced January 13, 2010; 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.
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