WHEN SHOULD YOU MOVE YOUR CAR AFTER AN ACCIDENT?

No matter who is at fault, Michigan law requires a driver to move his or her vehicle out of the roadway if:

• No one was killed or severely injured
• The vehicle can be “operated under its own power in its customary manner without
• further damage or hazard to the traffic elements or to the roadway”
• Moving the car would not be harmful to an injured driver or passenger
• Traffic and road conditions are safe enough to move the vehicle

If these conditions are met, then the vehicle must be moved to a shoulder, emergency lane, or another area of “safe refuge” away from the roadway. Failing to do so can result in a traffic violation.

WHEN SHOULD YOU NOT MOVE YOUR CAR AFTER AN ACCIDENT?

Michigan law prohibits a driver from moving their vehicle away from the scene of an accident if the driver “knows or reasonably should know” that the accident resulted in the serious impairment or death of another person or persons.

• Additionally, drivers should not move their vehicles from the scene of an accident if:
• The vehicle is damaged and cannot be operated safely in its customary manner
• Moving the vehicle would create a traffic hazard or damage the roadway
• Moving the vehicle would be harmful to the driver or any injured persons
• Traffic or road conditions make it hazardous or unsafe for the driver or other cars on the road

SHOULD THE DRIVER LEAVE THE SCENE OF AN ACCIDENT?

According to Michigan law, a driver involved in an accident is prohibited from leaving the scene, but some circumstances can allow for it. If the driver experienced a medical emergency or needs to seek medical attention immediately, they may leave the scene of the accident to do so without penalty.

If a driver thinks the scene of an accident is too dangerous to remain at, they may be allowed to leave once they have called 911 or a local police station to report the accident and have communicated with the authorities where they can be reached.

Otherwise, remain at the scene with your vehicle until police and other necessary personnel arrive or you could face severe penalties.

PENALTIES FOR LEAVING THE SCENE OF AN ACCIDENT IN MICHIGAN

In some cases, leaving the scene of the accident results in legal consequences as outlined in Michigan statues, including MCL 257.617 and MCL 257.618.  In general these are:

• If no one was injured in the accident, but there are property damages, the driver who leaves the scene can be penalized by a fine of up to $100 and up to 90 days in jail.
• If the individual leaves the scene and the accident results in serious impairment of a body function or death, the individual is guilty of a felony punishable by imprisonment for not more than 5 years or by a fine of not more than $5,000.00, or both.
• If the individual leaves the scene following an accident caused by that individual and the accident results in the death of another individual, the individual is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.

STEPS TO TAKE AFTER A CAR ACCIDENT

Taking a few steps after an accident can improve the outcome of your recovery and your settlement if you’ve been injured in an accident.

• Be sure to get the other driver’s contact and insurance information and their license plate number, all of which will be needed to file an insurance claim
• Report the accident and file a police report (call 911)
• Collect any witnesses’ contact information and statements
• Take photos of injuries and damages to personal property for insurance and documentation
• Seek medical treatment for any serious injuries or have mild injuries checked by a medical professional as soon as possible after an accident.
• Contact your insurance to report the accident and file a claim.

CALL KAJY LAW TODAY

Kajy Law’s Car Accident Team has a documented history of success, and we’ll do everything in our power to win your case while providing the care and support you need along the way.

Contact Kajy Law to schedule a free consultation, or call us at 877-KAJY-CARES today.