(1) Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an accident as required in section 42-4-1606 (1) and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall give or cause to be given the notice not given by the driver.
(2) Repealed.
(3) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense.
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