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New law: Drivers must move vehicle after crash off government maintained roads

INDIANAPOLIS (WISH) – Beginning July 1, the law that requires a person to remove their vehicle from the roadway after a crash will now affect all government maintained roads.

According to a release, IC 9-26-1-1.2 is added to the Indiana Code as a new section 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 applied only to interstate highways.

The new law is to prevent and reduce secondary crashes.

Information from IN-Time, Indiana’s Traffic Incident Management Effort states for every minute a freeway road is blocked during increased travel period, four minutes of travel delay results after the incident is cleared.

Their statistics include:

  • Crashes that result from other incidents (secondary) are estimated to be 22% of all crashes
  • Chances of a secondary crash increase by 2.8% for each minute the primary incident is not cleared
  • These secondary crashes are estimated to cause 18% of deaths on freeways
  • In 2008, 21% on Indiana’s crashes showed vehicles “slowed or stopped” in traffic, secondary crash

“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.”

The reinstated statue IC-9-26-1-1.2 states:

“SECTION 2. IC 9-26-1-1.2 IS ADDED TO THE INDIANA CODEAS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2016]:

Sec. 1.2. 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: Involves the transportation of hazardous materials; 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.”