Is this true? Stopping to help at accident scene.

kevin RN · Mar 6, 2009

Someone in one of my classes today said that in our state (NC) it was a law that if any medical personnel arrive at the scene of an accident they are required by law to stop and render assistance. Is this true? If so, that is the first I've heard of it. Just curious.

I don't remember quite well if it's a law to stop and render assistance but i do know that if you do help someone at the scene of an accident you are cover by the good samaritan law.

getoverit, BSN, RN, EMT-P · Mar 6, 2009

Hey Shannon,

I live in NC too and have heard that "law" many times. I think it's completely untrue and if someone disagrees with me, I would honestly like them to tell me which General Statute it is so I can look it up. I've looked all through the state statutes and haven't ever been able to find it.

Think about it like this...how would anyone even know whether you were a healthcare worker or not if you rode by the scene of an accident? I also have a paramedic/fire fighter sticker and license plate on my truck but I don't feel obligated to stop at every wreck. The state would not pass a law requiring you to put yourself in a harmful situation that you might not be prepared for. to do that they would also have to also pass a law that stated you have to carry gloves, a barrier device, possibly turn-out gear, etc.

Hope this helps answer your question and if anyone does have any information on where this law is found, please let me know. I've heard it in hospitals and fire departments for many years.

RN1982 · Mar 6, 2009

It's not true. I don't stop for accidents where I live. I'll call the police but I will not get out of my car. It just makes you more liable.

chicookie, BSN, RN · Mar 6, 2009

I think if I did that, I would do more harm than good. So no, I am not going to stop. I will call 911 and that is it.

Atheos · Mar 6, 2009

The best thing you can do is look up statutes in your state of residence. All of the information on laws are publicly available on every states website.

North Carolina General Statutes

Here is what NC law says about this issue.

20‑166. Duty to stop in event of a crash; furnishing information or assistance to injured person, etc.; persons assisting exempt from civil liability.

a) The driver of any vehicle who knows or reasonably should know: (1) That the vehicle which he or she is operating is involved in a crash; and
(2) That the crash has resulted in serious bodily injury, as defined in G.S. 14‑32.4, or death to any person;
shall immediately stop his or her vehicle at the scene of the crash.

and

(a1) The driver of any vehicle who knows or reasonably should know:
(1) That the vehicle which he or she is operating is involved in a crash; and
(2) That the crash has resulted in injury;
shall immediately stop his or her vehicle at the scene of the crash.

and

© The driver of any vehicle, when the driver knows or reasonably should know that the vehicle which the driver is operating is involved in a crash which results:
(1) Only in damage to property; or
(2) In injury or death to any person, but only if the operator of the vehicle did not know and did not have reason to know of the death or injury;
shall immediately stop the vehicle at the scene of the crash.

and lastly

(d) Any person who renders first aid or emergency assistance at the scene of a motor vehicle crash on any street or highway to any person injured as a result of the accident, shall not be liable in civil damages for any acts or omissions relating to the services rendered, unless the acts or omissions amount to wanton conduct or intentional wrongdoing.

No where in the NC General Statutes (It is not in the NC BON Administrative Code or Nurse Practice Act either) does it say someone NOT involved in an accident, medical or not, has to help.

HM2VikingRN, RN · Mar 6, 2009

We were taught that the "Good Samaritan law" required us to stop in MN if we were first on scene. If EMS is on the scene we don't have to stop.

Every accident that I have seen since getting licensed the EMS has been there already.

I do carry a good first aid kit, gloves and a pocket mask in my truck. I would stop if first on scene to call for help and provide emotional support until EMS arrives. Obviously if the scene isn't safe its a matter of standing by until the EMS can arrive.

If we as nurses don't stop for those in need who will?

HM2VikingRN, RN · Mar 6, 2009

604a.01 good samaritan law.
subdivision 1. duty to assist. a person 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.
(b) for the purposes of this section, the scene of an emergency is an area outside the confines
of a hospital or other institution that has hospital facilities, or an office of a person licensed to
practice one or more of the healing arts under chapter 147, 147a, 148, 150a, or 153. the scene of
an emergency includes areas threatened by or exposed to spillage, seepage, fire, explosion, or
other release of hazardous materials, and includes ski areas and trails.
© for the purposes of this section, "person" includes a public or private nonprofit volunteer
firefighter, volunteer police officer, volunteer ambulance attendant, volunteer first provider of
emergency medical services, volunteer ski patroller, and any partnership, corporation, association,
or other entity.

at https://www.revisor.leg.state.mn.us/bin/getpub.php?type=s&num=604a.01&year=2006

pretty clear to me that at least in mn i am required by law to stop to render aid.

bookwormom · Mar 6, 2009

How does one know if the scene is "safe"? A lonely stretch of road at night... A man waving his arms... could be a set-up. It certainly makes sense to call for help, tho, under any circumstances.

...I posted this without reading the above law, but I still think that it isn't always easy to determine if a scene poses a risk of peril or harm, especially if you don't see the accident happen.

Purple_Scrubs, BSN, RN · Mar 6, 2009

The law posted above seems to refer to people already at the scene, I am not sure how it would apply to someone who passed by a scene.

I know some areas have a law that if you DO choose to stop and render aid, as a healthcare professional you then are bound to remain with the victims and continue to render aid until another healthcare profession with equal or greater qualifications than yourself is on scene.

Flare, ASN, BSN · Mar 6, 2009

There are states that require you to stop. That would be something worth looking into. Perhaps we should all research our own states and post a thread or a sticky with the actual legal verbiage and not just what we've heard.

Ruby Vee, BSN · Mar 6, 2009

if we as nurses don't stop for those in need who will?

i don't think you need to worry about that. there seem to be lots of people (some of them nurses) who get their jollies flocking to accident scenes and trying to "help out." i say let them as wants to help help, and those of us who would rather steer clear should just steer clear. unless, of course, there's no one at the scene. then it's a different story.

years ago, before cell phones, i was driving along a deserted country road and came across what appeared to be a body lying in the road. first instinct is to stop and help, right? he just got run over, he fell off the back of a truck and he's injured . . . omg! i have to help. but when i stopped and got out of my car, a bunch of his friends popped out of the ditch beside the road and started mobbing my car. luckily, i wasn't all the way out -- i jumped back into the car, locked the doors and sped away. i won't swear that i didn't actually hit someone with the car as they all jumped in front of it to prevent me from leaving. i sped directly to the next town, found the sheriff's department and told them the whole story.

it seems that there had been a series of assaults going on in the area. someone would lie in the road, and when someone stopped to help he and his buddies would beat, rob and/or kill them. i wasn't eager to stop before then, i'm less eager now.