WPIC 97.01 Hit and Run—Injury or Death—Definition
11A WAPRAC WPIC 97.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 97.01 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XI. Crimes Involving Operation of Motor Vehicles
WPIC CHAPTER 97. Hit and Run
WPIC 97.01 Hit and Run—Injury or Death—Definition
A person commits the crime of hit and run when he or she is the driver of a vehicle and is knowingly involved in an accident [resulting in [injury to] [or] [death of] any person] [or] [involving striking the body of a deceased person] and fails to carry out his or her obligation to fulfill all of the following duties:
(1) Immediately stop the vehicle at the scene of the accident or as close thereto as possible;
(2) Immediately return to and remain at the scene of the accident until all duties are fulfilled;
(3) [Give his or her name, address, insurance company, insurance policy number, and vehicle license number, and exhibit [his] [her] driver's license, to any person struck or injured or the driver or any occupant of, or any person attending, any vehicle collided with;]
[Immediately report the accident to the nearest office of the police, give his or her name, address, insurance company, insurance policy number, and vehicle license number, and exhibit his or her driver's license, after fulfilling all other obligations insofar as possible on his or her part to be performed;]
and
(4) Render to any person injured in the accident reasonable assistance, including the carrying or making of arrangements for the carrying of such person to a physician or hospital for medical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person or on his or her behalf.
NOTE ON USE
Use this instruction if it will help the jury understand the charged offense or if it is necessary to define this particular offense for the jury. See the Comment to WPIC 4.24 (Definition of the Crime—Form).
Use this instruction for hit and run cases resulting in injury or death. Use bracketed material as applicable. For directions on using bracketed phrases, see WPIC 4.20 (Introduction).
In element (3), two alternative paragraphs are set forth, reflecting the two alternative duties found in RCW 46.52.020(3) (the primary duty, which is to provide information at the scene of the accident) and 46.52.020(7) (the alternative duty, which is to report the accident if other participants at the scene are not in a condition to receive the information). Use the first paragraph when RCW 46.52.020(3) applies. Use the second paragraph when RCW 46.52.020(7) applies. When there is a factual dispute as to which of the two duties applies to a particular case, then modify the instruction in order to incorporate both paragraphs and to specify the circumstances under which each applies.
Because this offense may be committed by alternate means, and the resulting sentence will vary, a special verdict form may be required. For a discussion of similar issues, see the Comment to WPIC 90.03 (Special Verdict Form—Vehicular Homicide and Assault).
COMMENT
RCW 46.52.020. See discussion in the Comment to WPIC 97.02 (Hit and Run—Injury or Death—Elements).
[Current as of March 2020.]
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