What is a driver's duty to render necessary assistance at the scene of a motor vehicle accident?

We hold the driver's duty to render necessary assistance under Vehicle Code section 20003, at a minimum, requires that the driver first ascertain what assistance, if any, the injured person needs, and then the driver must make a reasonable effort to see that such assistance is provided, whether through himself or third parties. (See also, People v. Limon (1967) 252 Cal.App.2d 575, 577-579, 60 Cal.Rptr. 448 [proffered instruction contrary to intent of law because it "might be construed by the jury to exculpate the driver if adequate first aid were administered by someone else, and nothing more were done" and inadequate because "it fails to mention [the] continuing and overriding duty of the driver to see to it that the victim is cared for until arrangements for his medical or surgical treatment are made"].)

Obviously, where, as here, the driver flees the scene without inquiring about or otherwise investigating the victims' condition, he has failed to perform the first step. (See People v. De Winter (1962) 210 Cal.App.2d 173, 174-175, 26 Cal.Rptr. 386 [while two to three bystanders inquired of victim whether he was hurt, the defendant, who stood outside his truck about 20 feet away, never approached the victim and went home after the ambulance summoned by the bystanders arrived].) Additionally, the mere presence of bystanders who arguably gathered to aid the victims does not guarantee that the injured person will receive all necessary aid. In some instances, for example, a bystander may be willing, but not physically capable, of removing the victim from the wreck, or a bystander may be willing to call for help but no phone is available yet is not willing to transport the victim to a medical facility.