ARTICLE IV
ACCIDENT AND ACCIDENT REPORTS
12-4-1 Accidents Involving Death or Personal Injury
12-4-2 Accidents Involving Damage to Vehicle
12-4-3 Duty to Give Information and Render Aid
12-4-4 Duty upon Striking Unattended Vehicle
12-4-5 Duty upon Striking Fixtures or Other Property upon a Street
12-4-6 Immediate Notice of Accidents
12-4-7 Written Reports of Accidents
12-4-8 Garages, Dealers and Wreckers of Vehicles to Report
12-4-10 Written Accident Reports Confidential – Exceptions
12-4-11 Bodily Harm by Motor Vehicle
12-4-1 ACCIDENTS INVOLVING DEATH OR PERSONAL INJURY.
A. The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then immediately return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 12-4-3. Every such stop shall be made without obstructing traffic more than is necessary.
B. Any person failing to stop or comply with the requirements of Section 12-4-3, where the accident does not result in great bodily harm or death, shall be sentenced to a definite term of not more than ninety days in jail, or a fine of not more than three hundred dollars ($300), or both. (66-7-201 NMSA 1978)
12-4-2 ACCIDENTS INVOLVING DAMAGE TO VEHICLE.
The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of Section 12-4-3. Every such stop shall be made without obstructing traffic more than is necessary. Any person failing to stop or comply with said requirements under such circumstances shall be guilty of a misdemeanor. (66-7-202 NMSA 1978)
12-4-3 DUTY TO GIVE INFORMATION AND RENDER AID.
The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give his name, address, and the registration number of the vehicle he is driving and shall upon request exhibit his driver’s license to the person struck or the driver or occupant of or person attending any vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person. (66-7-203 NMSA 1978)
12-4-4 DUTY UPON STRIKING UNATTENDED VEHICLE.
The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof. (66-7-204 NMSA 1978)
12-4-5 DUTY UPON STRIKING FIXTURES OR OTHER PROPERTY UPON A STREET.
The driver of any vehicle involved in an accident resulting only in damage to fixtures or other property legally upon or adjacent to a street shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his name and address and of the registration number of the vehicle he is driving and shall upon request exhibit his driver’s license and shall make report of such accident when and as required in Section 12-4-7. (66-7-205 NMSA 1978)
12-4-6 IMMEDIATE NOTICE OF ACCIDENTS.
A. The driver of a vehicle involved in an accident resulting in injury to or death of any person, or property damage to an apparent extent of five hundred dollars ($500) or more, shall immediately, by the quickest means of communication, give notice of such accident to the police department if the accident occurs within a municipality; otherwise to the office of the county sheriff or the nearest office of the New Mexico state police. (66-7-206 NMSA 1978)
B. Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an accident as required in subsection A and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall give or cause to be given the notice not given by the driver. (66-7-208)
12-4-7 WRITTEN REPORTS OF ACCIDENTS.
A. The driver of a vehicle involved in an accident resulting in bodily injury to or death of any person or total property damage to an apparent extent of five hundred dollars ($500) or more shall, within five days after such accident, forward a written report of such accident to the police department and state department of transportation. (66-7-207 NMSA 1978)
B. The provisions of this section shall not be applicable when the accident has been investigated at the scene by a police officer while the driver was present.
C. The provisions of this section may be met by submission to the police department of a copy of any accident report required under state law. (*)
D. Whenever the driver is physically incapable of making a written report of an accident as required in this ordinance and such driver is not the owner of the vehicle, then the owner of the vehicle involved in such accident shall within five days after learning of the accident make such report not made by the driver. (66-7-208 NMSA 1978)
E. The police department may require any driver of a vehicle involved in an accident of which report must be made as provided in this section to file supplemental reports whenever the original report is insufficient in the opinion of the department and may require witnesses of accidents to render reports concerning the accident to the department.
F. Every police officer who, in the regular course of duty, investigates a motor vehicle accident of which report must be made as required in this section, either at the time of and at the scene of the accident or thereafter by interviewing participants or witnesses shall, within twenty-four hours after completing such investigation, forward a written report of such accident to the police department and state department of transportation. (66-7-207 NMSA 1978)
12-4-8 GARAGES, DEALERS AND WRECKERS OF VEHICLES TO REPORT.
The person in charge of any garage or repair shop, dealers, or wreckers of vehicles, to which is brought any motor vehicle which shows evidence of having been involved in an accident of which report must be made as provided in this ordinance, or struck by any bullet, shall report to the police department within twenty-four hours after such motor vehicle is received, giving such vehicle identification number, registration number, and the name and address of the owner or operator of such vehicle. (66-7-212 NMSA 1978)
12-4-9 FALSE REPORTS.
No person shall give information to the police department in oral or written reports of accidents, knowing or having reason to believe that the information is false. (*)
12-4-10 WRITTEN ACCIDENT REPORTS CONFIDENTIAL – EXCEPTIONS.
A. All accident reports made by persons involved in accidents or by persons in charge of garages shall be without prejudice to the individual so reporting and shall be for the confidential use of the police department and state department of transportation or state agencies having use for the records for accident prevention purposes or for the administration of the laws of this state relating to the deposits of security and proof of financial responsibility by persons driving or the owners of motor vehicles, except that the police department and state department of transportation may disclose:
(1) the identity of a person involved in an accident when his identity is not otherwise known or when the person denies his presence at the accident; or
(2) the fact that the owner or operator of a motor vehicle involved in the accident is or is not insured and if he is insured, the name and address of his insurance carrier.
B. Except as otherwise provided in this section, no accident report shall be used as evidence in any trial, civil or criminal, arising out of an accident.
C. The police department and state department of transportation shall furnish upon 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 police department and state department of transportation solely to prove a compliance or a failure to comply with the requirement that a report be made to the police department.
D. A certified copy of the investigating officer’s accident report may be introduced into evidence in any arbitration or civil action involving the insurer’s liability under a motor vehicle or automobile liability policy containing uninsured motorist coverage as required by Section 66-5-301 NMSA 1978 to prove that the owner or operator of the other motor vehicle involved in the accident is either insured or uninsured. The police department and investigating agency shall furnish a certified copy of the investigating officer’s accident report to either party to the arbitration or civil action or to the court on request. The certified copy of the investigating officer’s report is prima facie evidence that the owner or operator of the other motor vehicle is either insured or uninsured. (66-7-213 NMSA 1978)
12-4-11 BODILY HARM BY MOTOR VEHICLE.
A. Bodily Harm by Motor Vehicle is the injuring of a human being, to the extent not defined in 12-1-91 as great bodily harm, in the unlawful operation of a motor vehicle.
B. Any person who operates a motor vehicle and is involved in a motor vehicle crash, when such person has committed a violation of Chapter 12 of this ordinance, and where the violation was a major contributing factor to the collision, and such collision resulted in bodily harm to any pedestrian, operator or passenger of any motor vehicle, bicycle, pedacycle or implement of husbandry, is guilty of this section.
C. The violation of the speeding laws, as set forth in the Traffic Code [Sections 12-6-1.1 to 12-6-1.7] shall not per se be a basis for violation of reckless driving. [12-6-12.3]
(Ord. 03-015; Am. Ord. 05-19)