Delaware § 4203 Duty to report collisions; evidence

Delaware Statutes

§ 4203 — Duty to report collisions; evidence

Delaware·Title 21·Part Operation and Equipment·Ch. 42 REPORTS OF ACCIDENTS; PENALTIES; INTERPRETATION OF LAWS

(a)After complying with the requirements of §§ 4201 and 4202 of this title, the driver of any vehicle involved in the following described vehicular collisions shall immediately report such collision to the police agency which has primary jurisdictional responsibility for the location in which the collision occurred:

(1)When the collision results in injury or death to any person;

(2)When the collision occurs on a public highway and results in property damage to an apparent extent of $2,000 or more; or

(3)When it appears that any collision involving a driver whose physical ability is impaired as a result of the use of alcohol or drugs or any combination thereof.

(b)When a collision is not required to be reported under subsection (a) of this section, the driver may report such collis

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(a) After complying with the requirements of §§ 4201 and 4202 of this title, the driver of any vehicle involved in the following described vehicular collisions shall immediately report such collision to the police agency which has primary jurisdictional responsibility for the location in which the collision occurred:

(1) When the collision results in injury or death to any person;

(2) When the collision occurs on a public highway and results in property damage to an apparent extent of $2,000 or more; or

(3) When it appears that any collision involving a driver whose physical ability is impaired as a result of the use of alcohol or drugs or any combination thereof.

(b) When a collision is not required to be reported under subsection (a) of this section, the driver may report such collision to the appropriate police agency as described in subsection (a) of this section, after complying with § 4201(b) of this title.

(c) Police agencies may investigate any collision which occurs within that agency’s jurisdiction.

(d) Police agencies shall investigate and complete the State of Delaware Uniform Traffic Collision Report supplied by the Delaware Department of Safety and Homeland Security on all reported collisions involving an impaired driver, apparent property damage to the extent of $2,000 or more or personal injury or death to a person, when such collisions occur within that agency’s jurisdiction.

(e) The Department of Safety and Homeland Security may require drivers involved in collisions, or police departments, to file supplemental reports of collisions upon forms furnished by it whenever the original report is insufficient in the opinion of the Department of Safety and Homeland Security. Such reports shall be without prejudice, shall be for the information of the Department of Safety and Homeland Security and shall not be open to public inspection. The fact that such reports have been so made shall be admissible in evidence solely to prove a compliance with this section but no report or any part thereof or statement contained therein shall be admissible in evidence for any other purpose in any trial, civil or criminal, arising out of such collisions.

(f) [Repealed.]

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Legislative History

21 Del. C. 1953, § 4203; 54 Del. Laws, c. 160, § 1 ; 57 Del. Laws, c. 426 ; 57 Del. Laws, c. 670, § 14B ; 59 Del. Laws, c. 391, § 2 ; 66 Del. Laws, c. 238, § 2 ; 70 Del. Laws, c. 258, §§ 1-3 ; 74 Del. Laws, c. 110, § 138 ; 76 Del. Laws, c. 401, §§ 10, 11 ; 83 Del. Laws, c. 220, § 1