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State v. Cameron6/16/1999
le he is driving to the person struck or the driver or occupants of any vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying of such person to a physician or surgeon for medical treatment if it is apparent that such treatment is necessary or is requested by the injured person."
[ ] SDCL 32-34-5 provides:
"Any driver of any vehicle involved in an accident resulting in injury or death to any person, who fails immediately to stop such vehicle at the scene of such accident and comply with the provisions of §32-34-3 is guilty of a Class 6 felony, and the department of revenue shall revoke the registration receipt of the person so convicted."
[ ] Cameron argues the statutes in question were intended in the hit and run context to apply only to "the person struck or the driver or occupants of any vehicle collided with[.]" State, conversely, argues the statutes apply to any accident, including single-car accidents.
[ ] The rules of statutory interpretation adopted by this Court state:
"The purpose of statutory construction is to discover the true intention of the law which is to be ascertained primarily from the language expressed in the statute. The intent of a statute is determined from what the legislature said, rather than what the courts think it should have said, and the court must confine itself to the language used. Words and phrases in a statute must be given their plain meaning and effect. When the language in a statute is clear, certain and unambiguous, there is no reason for construction, and the Court's only function is to declare the meaning of the statute as clearly expressed." Dahn v. Trownsell, 1998 SD 36, § 14, 576 NW2d 535, 539 (citing Moss v. Guttormson, 1996 SD 76, § 10, 551 NW2d 14, 17 (citations omitted)).
[ ] SDCL 32-34-5 provides: "Any driver of any vehicle involved in an accident resulting in injury or death[.]" An "accident" is a "sudden event or change occurring without intent or volition through carelessness, unawareness, ignorance, or a combination of causes and producing an unfortunate result." Webster's New International Dictionary 11 (1976). Blacks Law Dictionary defines "accident" in the popular sense as:
" fortuitous circumstance, event, or happening; an event happening without any human agency, or if happening wholly or partly through human agency, an event which under the circumstances is unusual and unexpected by the person to whom it happens; an unusual, fortuitous, unexpected, unforeseen or unlooked for event, happening or occurrence; an unusual or unexpected result attending the operation or performance of a usual or necessary act or event; chance or contingency; fortune; mishap[.]"
Blacks Law Dictionary 15 (6thEd 1990). This Court has previously defined the term "accident" in the context of driving under the influence of alcohol as "involving at least one vehicle, which occurs either on a public street or elsewhere." State v. DuBray, 298 NW2d 811, 814 (SD 1980) (citation omitted). Employing the rule of statutory construction giving words and phrases their plain meaning and effect, and considering the above definitions, we conclude the term "accident" as employed in SDCL 32-34-3 and 32-34-5 encompasses single-vehicle accidents.
[ ] We agree with the Supreme Court of Iowa that this Conclusion is in accordance with the purpose of such statutes that, "'it is clear that the legislature intended to protect persons from distress or danger from additional mutilation and exposure, for want of proper treatment.'" State v. Carpenter, 334 NW2d 137, 140 (Iowa 1983) (quoting State v. Sebben, 185 NW2d 771, 774
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