Oh dear here we go again,
Arizona's Good Samaritan law/ Failure to stop and Render aid:- Is found at A.R.S. § 32-1471 and says:
"Any health care provider licensed or certified to practice as such in this state or elsewhere, or a licensed ambulance attendant, driver or pilot as defined in § 41-1831, or any other person who renders emergency care at a public gathering or at the scene of an emergency occurrence gratuitously and in good faith shall not be liable for any civil or other damages as the result of any act or omission by such person rendering the emergency care, or as the result of any act or failure to act to provide or arrange for further medical treatment or care for the injured persons, unless such person, while rendering such emergency care, is guilty of gross negligence."
Subdivision 1.Duty to assist.
Any person arriving at the scene of an emergency who knows that another person is exposed to or has suffered grave physical harm shall, to the extent that the person can do so without danger or peril to self or others, give reasonable assistance to the exposed person. Reasonable assistance may include obtaining or attempting to obtain aid from law enforcement or medical personnel. A person who violates this subdivision is guilty of a petty misdemeanor.
Subd. 2.General immunity from liability.
(a) A person who, without compensation or the expectation of compensation, renders emergency care, advice, or assistance at the scene of an emergency or during transit to a location where professional medical care can be rendered, is not liable for any civil damages as a result of acts or omissions by that person in rendering the emergency care, advice, or assistance, unless the person acts in a willful and wanton or reckless manner in providing the care, advice, or assistance. This subdivision does not apply to a person rendering emergency care, advice, or assistance during the course of regular employment, and receiving compensation or expecting to receive compensation for rendering the care, advice, or assistance.
Of course laws are interpreted differently by everyone, The problem is if its law you need to do it or in this case failing to do so can result in a heavy fine and a revocation of your drivers License.
The Key Wording is Failing to Stop and Render Aid in an Emergency...
But hey its up to you and how you perceive it..............
Saw an accident. Got a question.
Discussion in 'Trucking Industry Regulations' started by DuesyJ29, Sep 3, 2013.
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So there are such laws, but have there actually been successful prosecutions based on, as you suggested, simply driving by? I'm still very skeptical.
I'm not seeing anything about "heavy fine and revocation of driver's license." I am seeing something about "petty misdemeanor" in a section with holes big enough to drive a fleet of semis through... "who knows...", "to the extent that the person can do so without danger or peril...", "reasonable assistance...", "may...", "attempting..."
Trying to prove what a person saw, knew or whether they thought they would be in peril seems like a pretty tall order.Last edited: Sep 11, 2013
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Even at that...
Laws ain't needed for first responders. Only a mememe idiot would continue on. I wouldn't want that person stopping.Besides that how do you catch a violator? A cop sitting there ignoring the accident? A second driver chasing down the first that went on and you don't know if they called 911 or not?
Just another law that is a good thought but not much thought went into it.truckon Thanks this. -
Well now there's a thing, Please tell me what Federal Laws pertain to traffic violations other than Actual safety and operations of a commercial vehicle?
All State have different laws regarding traffic offenses and penalties for violators. I previously posted there was a Law in AZ, and was told I was wrong no such law existed. I don't mind being wrong but when their assumption is wrong and misleading it should also be pointed out. The Fact is I am in AZ and AZ does have the applicable law I posted. And yes Texas along with a few others have the same type of law. As to how you could be found out, I have no Idea as I said, the cop only needs, time of day, direction of travel, color and type of vehicle and a license plate. I have also never heard of a prosecution for this but it is on the books which was basically the original question.
I guess two things spring to mind.
1. If you stop and render aid according to your level of qualifications you are protected from being prosecuted.
And having no training is immaterial, holding comforting hand and making a phone call is enough providing you stay until your relieved by someone with the required skills.
2. Surely the Humanitarian element would cause someone to help. And no if 4 other vehicles are stopped already you wouldn't have to. But heres a catch, If you have the training and skills how do you know the vehicles already stopped can carry out what is needed? -
wasn't that from Sienfield's closing show final
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There is NO law that mandates all drivers to stop. -
The question came up when I was a new driver at orientation at Schneider and they said to never, ever, ever stop for an accident unless you are part of it.
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