39-08-10.1. Investigating agency responsible to notify immediate family.
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/nd/title-39/chapter-39-08-regulations-governing-operators/39-08-10-1·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. In the event of serious injury to or death of any person, under circumstances leading to
the notification of a law enforcement agency, the investigating law enforcement agency
shall, upon positive identification of the person or persons involved, be responsible for
immediately notifying the immediate family of the person or persons seriously injured
or deceased, or making arrangements to have the immediate family notified by clergy
or other suitable person.
2. The investigating law enforcement agency may not release to the public the identity of
the person or persons seriously injured or deceased until the first of the following
events occurs:
a. A member of the immediate family has been notified and given an opportunity to
notify other immediate family members; or
b. Twenty-four hours have elapsed from the time positive identification was made.
3. For purposes of this section, "immediate family" means spouse, parent, child, sibling,
or any person who regularly resides in the household of the seriously injured or
deceased person.
39-08-11. When driver unable to report. 1. A crash notice is not required from any person who is physically incapable of making
the report during the period of such incapacity. 2. Whenever the driver of a vehicle is physically incapable of giving an immediate notice
of a crash and there was another occupant in the vehicle at the time of the crash
capable of doing so, the occupant shall make or cause to be given the notice not given
by the driver. 3. Whenever the driver is physically incapable of giving notice of a crash and the driver is
not the owner of the vehicle, then the owner of the vehicle involved shall within five
days after learning of the crash give the notice and insurance information not given by
the driver.
39-08-12. False reports. Repealed by S.L. 1975, ch. 106, § 673.
39-08-13. Crash report forms. 1. The director shall prepare and supply to law enforcement agencies, garages, and
other suitable agencies or individuals forms for crash reports required by law,
appropriate with respect to the purposes to be served. The reports to be made by
investigating officers shall call for sufficiently detailed information to disclose the cause
of a traffic crash, conditions then existing, persons and vehicles involved, and whether
the requirements for the deposit of security under section 39-16-05 are applicable. 2. Every crash report required to be made to the director must be made in the format
prescribed by the director and must contain all the information required therein unless
not available. 3. Every law enforcement officer who investigates a vehicle crash for which a report must
be made as required in this chapter shall forward a report of such crash to the
department within ten days after the crash. 4. Except as provided in subsection 5, reports required to be forwarded by law
enforcement officers and the information contained in the reports is not privileged or
confidential. Crash reports held by a public entity other than the department of
transportation and a law enforcement agency that contracts with service providers are
exempt records. In addition, the following information contained in the report is an
exempt record as defined in section 44-04-17.1 unless the requester is a party to the
crash, a party's legal representative, the insurer of any party to the crash, the agent of
that insurer, or the legal representative or insurer of an individual involved in defending
or investigating a prior or subsequent claim or crash involving a party to the crash:
a. Driver identification number of a party in the report;
b. Telephone number of a party in the report;
c. Insurance company name and policy number of a party in the report; and
d. Day and month of birth of a party in the report. 5. Unless the requester is a party to the accident, a party's legal representative, the
insurer of any party to the accident, the agent of that insurer, or the legal
representative or insurer of an individual involved in defending or investigating a prior
or subsequent claim or accident involving a party to the accident, the following
information contained in the report is exempt:
a. The name of a minor party in the report;
b. Driver identification number of a minor party in the report; and
c. Telephone number uniquely owned by a minor party in the report. 6. Upon request from a party to the crash, a party's legal representative, the insurer of
any party to the crash, the agent of the insurer, or the legal representative or insurer of
an individual involved in defending or investigating a prior or subsequent claim or
crash involving a party to the crash, and upon payment of a fee of up to seven dollars,
the director shall release a completed copy of the crash report to the entity requesting
the information. The request must be made on the form prescribed by the director.
7. Upon request of any person and upon payment of a fee of up to seven dollars, the
director may furnish to a requester a copy of an investigating officer's crash report
which does not contain any exempt information that may not be disclosed, if the report
shows that the crash is one for which a driver is required to file a report under section
39-08-09.
8. Copies of crash reports are not admissible as evidence in any action for damages or
criminal proceedings arising out of a motor vehicle crash.
9. The director, without a request under subsection 4, 5, or 6 may send a copy of a crash
report to the registered owner of each vehicle involved as indicated by the report.