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IC 9-26-1-1
Duties of driver of motor vehicle involved in an accident resulting
in injury, death, or entrapment
Sec. 1. Except as provided in section 1.5 of this chapter, the driver
of a motor vehicle involved in an accident that results in the injury
or death of a person or the entrapment of a person in a vehicle shall
do the following:
(1) Immediately stop the driver's motor vehicle at the scene of
the accident or as close to the accident as possible in a manner
that does not obstruct traffic more than is necessary.
(2) Immediately return to and remain at the scene of the
accident until the driver does the following:
(A) Gives the driver's name and address and the registration
number of the motor vehicle the driver was driving.
(B) Upon request, exhibits the driver's license of the driver
to the following:
(i) The person struck.
(ii) The driver or occupant of or person attending each
vehicle involved in the accident.
(C) Subject to section 1.5(a) of this chapter, determines the
need for and renders reasonable assistance to each person
injured or entrapped in the accident, including the removal
of, or the making of arrangements for the removal of:
(i) each injured person from the scene of the accident to a
physician or hospital for medical treatment; and
(ii) each entrapped person from the vehicle in which the
person is entrapped.
(3) Subject to section 1.5(b) of this chapter, immediately give
notice of the accident by the quickest means of communication
to one (1) of the following:
(A) The local police department, if the accident occurs
within a municipality.
(B) The office of the county sheriff or the nearest state
police post, if the accident occurs outside a municipality.
As added by P.L.2-1991, SEC.14. Amended by P.L.210-2005,
SEC.50; P.L.126-2008, SEC.3; P.L.1-2009, SEC.88; P.L.125-2012,
SEC.292.
IC 9-26-1-1.5
Duties of passenger of vehicle involved in accident resulting in
injury, or entrapment
Sec. 1.5. (a) If:
(1) the driver of a motor vehicle is physically incapable of
determining the need for or rendering assistance to any injured
or entrapped person as required under section 1(2)(C) of this
chapter;
(2) there is another occupant in the motor vehicle at the time of
the accident who is:
(A) at least:
(i) fifteen (15) years of age and holds a learner's permit
issued under IC 9-24-7-1 or a driver's license issued under
IC 9-24-11; or
(ii) eighteen (18) years of age; and
(B) capable of determining the need for and rendering
reasonable assistance to injured or entrapped persons as
provided in section 1(2)(C) of this chapter; and
(3) the other occupant in the motor vehicle knows that the
driver of the motor vehicle is physically incapable of
determining the need for or rendering assistance to any injured
or entrapped person;
the motor vehicle occupant referred to in subdivisions (2) and (3)
shall immediately determine the need for and render reasonable
assistance to each person injured or entrapped in the accident as
provided in section 1(2)(C) of this chapter.
(b) If:
(1) the driver of a motor vehicle is physically incapable of
giving immediate notice of an accident as required under
section 1(3) of this chapter;
(2) there is another occupant in the motor vehicle at the time of
the accident who is:
(A) at least:
(i) fifteen (15) years of age and holds a learner's permit
issued under IC 9-24-7-1 or a driver's license issued under
IC 9-24-11; or
(ii) eighteen (18) years of age; and
(B) capable of giving notice as provided in section 1(3) of
this chapter; and
(3) the other occupant in the motor vehicle knows that the
driver of the motor vehicle is physically incapable of giving
immediate notice of an accident;
the motor vehicle occupant referred to in subdivisions (2) and (3)
shall immediately give notice of the accident by the quickest means
of communication as provided in section 1(3) of this chapter.
(c) If there is more than one (1) motor vehicle occupant to whom
subsection (a) applies, it is a defense to a prosecution of one (1)
motor vehicle occupant under subsection (a) that the defendant
reasonably believed that another occupant of the motor vehicle
determined the need for and rendered reasonable assistance as
required under subsection (a).
(d) If there is more than one (1) motor vehicle occupant to whom
subsection (b) applies, it is a defense to a prosecution of one (1)
motor vehicle occupant under subsection (b) that the defendant
reasonably believed that another occupant of the motor vehicle gave
the notice required under subsection (b).
As added by P.L.126-2008, SEC.4. Amended by P.L.125-2012,
SEC.293.
IC 9-26-1-2
Duties of driver of vehicle involved in accident resulting in damage
to vehicle driven or attended by person but not resulting in injury,
death, or entrapment
Sec. 2. The driver of a motor vehicle involved in an accident that
does not result in injury or death of a person or the entrapment of a
person in a motor vehicle and that does not involve the transportation
of hazardous materials but that does result in damage to a vehicle
that is driven or attended by a person shall do the following:
(1) Immediately stop the motor vehicle at the scene of the
accident or as close to the accident as possible in a manner that
does not obstruct traffic more than is necessary. If the accident
occurs on a federal interstate highway, or on a ramp providing
access to or from a federal interstate highway, the driver shall,
as soon as safely possible, move the motor vehicle off the
highway or ramp to a location as close to the accident as
possible in a manner that does not obstruct traffic more than is
necessary.
(2) Immediately return to and remain at the scene of the
accident until the driver does the following upon request:
(A) Gives the driver's name and address and the registration
number of the motor vehicle the driver was driving.
(B) Gives the names and addresses of the owner and any
occupants of the motor vehicle the driver was driving, if the
names or addresses are different from the name and address
provided under clause (A).
(C) Provides proof of financial responsibility (as defined in
IC 9-25-2-3) for the motor vehicle.
(D) Exhibits the driver's license of the driver to the driver or
occupant of or person attending each vehicle involved in the
accident.
As added by P.L.2-1991, SEC.14. Amended by P.L.157-2003, SEC.3;
P.L.210-2005, SEC.51; P.L.126-2008, SEC.5; P.L.54-2009, SEC.10;
P.L.125-2012, SEC.294.
IC 9-26-1-2.5
Repealed
(Repealed by P.L.125-2012, SEC.295.)
IC 9-26-1-3
Duties of driver of motor vehicle colliding with unattended vehicle
Sec. 3. The driver of a motor vehicle that collides with an
unattended vehicle shall immediately stop and do one (1) of the
following:
(1) Locate and notify the operator or owner of the vehicle of the
name and address of the driver and owner of the motor vehicle
striking the unattended vehicle.
(2) Leave in a conspicuous place on the vehicle struck a written
notice giving the name and address of the driver and the owner
of the motor vehicle doing the striking and a statement of the
circumstances of the accident.
As added by P.L.2-1991, SEC.14. Amended by P.L.125-2012,
SEC.296.
IC 9-26-1-4
Duties of driver of motor vehicle causing damage to property other
than another vehicle
Sec. 4. (a) The driver of a motor vehicle that causes damage to the
property of another person, other than damage to a vehicle, shall do
the following:
(1) Immediately stop the motor vehicle at the scene of the
accident or as close to the accident as possible in a manner that
does not obstruct traffic more than is necessary.
(2) Immediately return to and remain at the scene of the
accident until the driver does the following:
(A) Takes reasonable steps to locate and notify the owner or
person in charge of the property of the damage.
(B) Gives the person the driver's name and address and the
registration number of the motor vehicle.
(C) Upon request, exhibits the driver's license of the driver.
(b) If after reasonable inquiry the driver of the motor vehicle
cannot find the owner or person in charge of the damaged property,
the driver of the motor vehicle shall do the following:
(1) Notify either the sheriff's department of the county in which
the damaged property is located or a member of the state police
department.
(2) Give the sheriff's department or state police department the
information required by this section.
As added by P.L.2-1991, SEC.14. Amended by P.L.125-2012,
SEC.297.
IC 9-26-1-6
Repealed
(Repealed by P.L.125-2012, SEC.298.)
IC 9-26-1-7
City or town ordinances; accident reports; confidentiality
Sec. 7. (a) A city or town may by ordinance require that the driver
of a motor vehicle involved in an accident file with a designated city
or town department a report of the accident.
(b) An accident report required to be filed under subsection (a) is
for the confidential use of the designated city or town department
and subject to IC 9-26-3-4.
As added by P.L.2-1991, SEC.14. Amended by P.L.210-2005,
SEC.53; P.L.125-2012, SEC.299.
IC 9-26-1-8
IC 9-26-1-9
damage to another driven or attended vehicle; classification
IC 9-26-1-10
Failure to stop and remain at scene of accident resulting in injury
or death; failure of driver to fulfill duties following collisions with
unattended vehicles or other property; classification of violations
Sec. 8. (a) A person who knowingly or intentionally fails to stop
or comply with section 1(1) or 1(2) of this chapter after causing
injury to a person commits a Class A misdemeanor. However, the
offense is:
(1) a Class D felony if:
(A) the accident involves serious bodily injury to a person;
or
(B) within the five (5) years preceding the commission of the
offense, the person had a previous conviction of any of the
offenses listed in IC 9-30-10-4(a);
(2) a Class C felony if the accident involves the death of a
person; and
(3) a Class B felony if the person knowingly or intentionally
fails to stop or comply with section 1(1) or 1(2) of this chapter
after committing operating while intoxicated causing serious
bodily injury (IC 9-30-5-4).
(b) A person who knowingly or intentionally fails to stop or
comply with section 3 or 4 of this chapter after causing damage to
the property of another person commits a Class B misdemeanor.
As added by P.L.2-1991, SEC.14. Amended by P.L.96-1996, SEC.2;
P.L.97-1996, SEC.2; P.L.126-2008, SEC.7.
Failure of driver or passenger to give notice of serious accident;
failure to stop and to remain at scene of accident resulting in
Sec. 9. A person who intentionally, knowingly, or recklessly
violates section 1(3), 1.5, 2(1), or 2(2) of this chapter commits a
Class C misdemeanor.
As added by P.L.2-1991, SEC.14. Amended by P.L.126-2008, SEC.8.
Repealed
(Repealed by P.L.125-2012, SEC.300.)