Removing your vehicle from roadway after property damage crash will be law once again

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INDIANAPOLIS, Ind. – A law that had been removed from the Indiana books is reinstated once again.

The statue IC 9-26-1-1.2 will be added to the Indiana Code beginning on July 1. It and states, “If, after an operator of a motor vehicle is involved in an accident, the operator’s motor vehicle comes to a stop in the traveled portion of the highway, the operator shall, as soon as safely possible, move the motor vehicle off the traveled portion of the highway and to a location as close to the accident as possible. However, the operator of the motor vehicle shall not move the motor vehicle if the accident involves the transportation of hazardous materials or results in the injury or death of a person or the entrapment of a person in a vehicle.”

The previous law only applied to interstate highways. The reinstated law applies to all government maintained roadways.

The intent of the law is to safely remove traffic hazards from the roadway so as to reduce secondary crashes, especially on multi-lane highways, that are often more severe and result in more injuries than the original crash. Also, this law ensures that motorists have statutory backing when they move their vehicles. Many times insurance companies tell their clients not to move their vehicle after it has been involved in a crash, even if it’s only a property damage crash, until law enforcement arrives.

“Our intent is to educate the public that if they are involved in a property damage crash, they have a statutory requirement to remove their vehicles from the roadway,” stated Indiana State Police Superintendent Doug Carter. “The Indiana State Police will utilize traditional media and social media to inform the public of this reinstated law which is designed to remove hazards and keep traffic moving safely on Indiana highways.”

Included below is the reinstated statue IC- 9-26-1-1.2.

SECTION 2. IC 9-26-1-1.2 IS ADDED TO THE INDIANA CODE

AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2016]: Sec. 1.2. (a) If, after an operator of a motor vehicle is involved in an accident, the operator’s motor vehicle comes to a stop in the traveled portion of a highway, the operator shall, as soon as safely possible, move the motor vehicle off the traveled portion of the highway and to a location as close to the accident as possible. However, the operator shall not move the motor vehicle if the accident:

(1) involves the transportation of hazardous materials; or

(2) results in injury or death of a person or the entrapment of a person in a vehicle.

A person who violates this subsection commits a Class C infraction.

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