By RAY ADLER
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An issue has risen over the years when people often inquire about the rule on moving their vehicle after an automobile accident. With the proliferation of iPads, Minis, and cell phone cameras, it is always wise to document the accident scene as soon as practicable after the vehicles come to rest.
It seems prudent to move the vehicles out of the traveled portion to avoid further harm to self as well as to others, but many people are under the impression that they were prohibited in doing so.
Effective July 1, 2016, Indiana passed a new statute. It reads that the operator of a motor vehicle involved in an accident must stop at the scene of the accident as close as possible in a manner that does not obstruct traffic more than is necessary. The driver is then to remain at the scene of the accident until their name and address and registration of the motor vehicle can be given to any other driver or passenger involved in the accident.
Additionally, the driver must exhibit his or her operator’s license to any person involved in the accident, including any passengers. If the accident results in injury or death of another person, the driver shall additionally provide reasonable assistance to each injured person and give notice of the accident in the quickest means possible to the local police department or the 911 telephone operator.
If the collision involves an unattended vehicle or damage to property other than a vehicle, the driver shall also take reasonable steps to locate and notify the owner or person in charge of the damaged property. If they are unable to find the owner or the person in charge of the damaged property, the driver must contact local law enforcement agency and provide the information noted above. The law makes it a criminal offense to fail to provide the information.
The statute specifically provides that if the vehicle comes to stop in the traveled portion of a highway, the driver must move the vehicle off the traveled portion to a location as close to the accident as possible. However, a driver cannot move the motor vehicle if it involves a transportation of hazardous materials or results in injury or death of a person or the entrapment of a person in a vehicle.
Educational material and not legal advice, written by the team at Adler attorneys. Email andrea@noblesvilleattorney.com with questions or comments.