Should You Move Your Car After an Accident in Detroit?
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After a crash, even a minor one, it is easy to freeze. Many drivers are not sure whether to roll the car out of the lane or wait for police.
Michigan has a specific rule. Doing the opposite of what MCL 257.618a requires can mean a civil infraction—or, if you drive away entirely, a hit-and-run charge. A skilled Michigan car accident attorney can sort out what happened at the scene.
Do You Have a Case?IS IT LEGAL TO MOVE A VEHICLE AFTER A DETROIT CAR ACCIDENT?
When you must move the vehicle
Unless the driver knows or reasonably should know that the crash caused serious impairment of a body function or death, the driver (or another licensed occupant) must move the vehicle off the main traveled part of the roadway to a safe refuge—shoulder, emergency lane, median or other spot off the road—when both of these are true:
- The vehicle can be operated under its own power in the usual way without further damage or hazard to traffic or the roadway
- Moving it can be done safely (including without worsening an occupant’s injuries)
Failing to move the car when the statute requires it is a civil infraction, not proof of who caused the crash. Moving it also does not, by itself, admit fault.
When you should not move the vehicle
Do not move the car if you know or reasonably should know someone was killed or suffered a serious impairment.
Also leave it in place if:
- It cannot be driven safely under its own power
- Moving it would create a traffic hazard or damage the road
- Moving it would harm an injured occupant
- Traffic or road conditions make a move unsafe
Then wait for police. They can have the vehicle towed.
CAN I LEAVE THE SCENE OF A CAR ACCIDENT IN DETROIT BEFORE POLICE ARRIVE?
Moving the car out of the lane is not the same as leaving the scene. You still must stop, exchange information and help the injured (MCL 257.618 and 619).
Leaving without meeting those duties is a crime:
- Property damage only: misdemeanor, up to 90 days and/or $100
- Injury (not serious impairment or death): misdemeanor, up to one year and/or $1,000
- Serious impairment: felony, up to five years and/or $5,000
- Death: felony, up to 15 years and/or $10,000
If staying would put you in further danger, you may leave to report at the nearest police agency, then still fulfill the information and aid duties.
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