California, United States of America
The following excerpt is from People v. Scheer, 68 Cal.App.4th 1009, 80 Cal.Rptr.2d 676 (Cal. App. 1998):
As authority for the position that the offer of assistance by bystanders obviates any duty of the driver to render assistance, appellant relies on People v. Scofield (1928) 203 Cal. 703, 265 P. 914. Scofield, however, is factually distinguishable. Scofield concluded that under the facts of that case the defendant's "assistance was not necessary," because the victim "was given all the assistance that could be required without the aid of the defendant." (Id. at pp. 708-709, 265 P. 914, italics in original.) In that case, the victim was unconscious from the time of the accident until his death a few hours later at the hospital. Immediately after the accident, the victim "was lifted from the wreck by the bystanders and was laid on the sidewalk near by." (Id. at p. 706, 265 P. 914.) This occurred before the defendant got out of his car and [68 Cal.App.4th 1028] approached the other car. "One [bystander] ... telephone[d] and summoned an ambulance which responded and removed [the victim] to the hospital.... [p] [T]he defendant [then] walked ... home." (Id. at pp. 705-707, 265 P. 914.)
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