Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
IC 9-26
    ARTICLE 26. ACCIDENTS AND ACCIDENT REPORTS

IC 9-26-1
     Chapter 1. Duties of Drivers, Owners, and Passengers and Accident Reports

IC 9-26-1-0.1
Repealed
    
(Repealed by P.L.63-2012, SEC.13.)

IC 9-26-1-0.3
Applicability
    
Sec. 0.3. Except as provided in section 0.5 of this chapter, this article does not apply to off-road vehicles or snowmobiles, which are subject to IC 14-16-1-24 and IC 14-16-1-26.
As added by P.L.259-2013, SEC.24.

IC 9-26-1-0.5
Proof if accident involves serious bodily injury
    
Sec. 0.5. For purposes of this chapter, an accident does not require proof of a collision between a driver's motor vehicle and another vehicle or another person if the accident involves serious bodily injury to or the death of a person.
As added by P.L.94-2006, SEC.4. Amended by P.L.125-2012, SEC.291.

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 9-26-1-5
State police department; requiring reports from witnesses
    
Sec. 5. The state police department may require witnesses of accidents to submit reports to the state police department.
As added by P.L.2-1991, SEC.14. Amended by P.L.210-2005, SEC.52.

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 Version a
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
    
Note: This version of section effective until 7-1-2014. See also following version of this section, effective 7-1-2014.
    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.

IC 9-26-1-8 Version b
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
    
Note: This version of section effective 7-1-2014. See also preceding version of this section, effective until 7-1-2014.
    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 Level 6 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 Level 5 felony if the accident involves the death of a person; and
        (3) a Level 4 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; P.L.158-2013, SEC.158.

IC 9-26-1-9
Failure of driver or passenger to give notice of serious accident; failure to stop and to remain at scene of accident resulting in damage to another driven or attended vehicle; classification
    
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.

IC 9-26-1-10
Repealed
    
(Repealed by P.L.125-2012, SEC.300.)