SHOULD YOU MOVE YOUR CAR AFTER AN ACCIDENT IN DETROIT?

IS IT LEGAL TO MOVE A VEHICLE AFTER A DETROIT CAR ACCIDENT?

Michigan law contains specific rules for moving a car after a crash. While the law requires drivers to move their vehicles in certain situations, there are other instances where moving a car is illegal and could result in a traffic violation. Here are some guidelines to help you determine if you should move your car after an accident happens.

When to move a vehicle after an accident

The law requires a driver (or another occupant) to move a car out of the road under the following conditions:

• No one was killed or severely injured in the crash
• 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 will not be harmful to a driver or passenger who may be injured  
• Traffic and road conditions are such that the vehicle can be moved safely

If all of these conditions are met, the vehicle must be moved to a “safe refuge” such as a shoulder, emergency lane median or another spot away from the roadway. A driver who fails to do so may be subject to a traffic violation.

When NOT to move a vehicle after an accident

It is illegal to move a vehicle if the driver “knows or reasonably should know” that the accident resulted in the “serious impairment of a bodily function” or death of another person (or persons).

Additionally, do not move a car when any of the following conditions exist:

• The vehicle is damaged to the extent it cannot be operated safely
• Moving the car would create a traffic hazard or damage the roadway
• Moving the vehicle could be harmful for occupants injured in the crash
• Traffic or road conditions make it dangerous to move the car 

If any of those conditions are present after an accident, it’s important to wait for the police to arrive at the scene.

CAN I LEAVE THE SCENE OF A CAR ACCIDENT IN DETROIT BEFORE POLICE ARRIVE?

No, a driver should never leave an accident scene without permission from a law enforcement officer unless emergency medical treatment is needed. In fact, leaving an accident scene in Michigan is actually a criminal offense that can result in stiff penalties for a driver who violates this law.  

Even if no one is injured, a driver who leaves the scene of an accident where property was damaged may be charged with a misdemeanor punishable by up to 90 days in jail and/or a maximum fine of $100.

If one or more people are injured, a driver who leaves the scene may be charged with a misdemeanor and sentenced to up to one year in jail and/or fined up to $1,000.

Finally, a driver who leaves a crash site where anyone was seriously hurt or killed may be charged with a felony that carries a prison sentence of up to five years and/or a maximum fine of $5,000.

However, Michigan law includes an exception if a driver believes it would be dangerous to remain at the accident site. In such situations, the driver may leave the scene but must call 911 or drive to the nearest police station to report the accident without delay. 

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