Should I Move My Car After an Accident or Leave It in Place?

Being involved in a car accident can be a shocking and stressful experience. In the immediate aftermath, it's important to know what steps to take to ensure your safety, gather necessary evidence, and comply with legal requirements.

One common question that arises is whether you should move your vehicle from the accident scene or leave it in place. This article will provide guidance on how to assess the situation and make the right decision.

Assessing the Accident Scene

After an accident, your first priority should be to evaluate the severity of the damage to the vehicles involved and check for any injuries to yourself, your passengers, and occupants of other vehicles. If anyone is injured, call 911 immediately to request medical assistance.

Next, assess the accident scene for any immediate safety hazards such as leaking fuel, fire, or dangerous debris. If your vehicle is creating a safety hazard or blocking traffic, and it is safe to do so, move it to the shoulder of the road or a nearby parking lot. California law requires motorists to move vehicles out of traffic lanes if there are no injuries and the vehicles are operable.

Gathering Evidence From the Scene

Before moving your vehicle, if it is safe to do so, take photos of the damage to all vehicles involved and the overall accident scene. Capture skid marks, debris, road signs, and traffic signals. Note the weather and road conditions at the time of the accident, as these factors can play a role in determining fault.

If there are witnesses, get their names and contact information. Their statements can provide valuable support for your insurance claim or legal case.

Situations When You Should Not Move Your Car

There are certain circumstances under which you should not move your vehicle after an accident:

If someone is injured, leave the vehicles in place until medical help arrives.
If your vehicle is not driveable or it would be unsafe to operate due to damage, leave it in place.
If law enforcement officers instruct you not to move your vehicle, follow their directions. They may need to document the scene before vehicles are moved.
In some cases, the exact position of the vehicles after the collision can be critical evidence for determining fault. If you believe the other driver was at fault and the vehicle positions help demonstrate that, consider leaving the vehicles in place until police arrive and document the scene.

When It May Be Necessary to Move Your Vehicle

Failure to report accidents involving major damage can again be charged as a hit and run. Penalties increase if the damaged property belongs to the government or a public utility.

If Any Drivers Appear Intoxicated

In certain situations, it may be necessary to move your vehicle after an accident:

If your vehicle is blocking traffic and causing a safety hazard, move it to the shoulder or a nearby safe location if possible.
If your vehicle's position puts it at risk of being hit by oncoming traffic, moving it can prevent further collisions and injuries.
If your vehicle is operable and can be moved safely without causing further damage or putting anyone at risk, it may be advisable to clear the roadway.

Notifying Authorities Before Moving Your Car

Before moving your vehicle, contact the police to report the accident. Provide them with your location and the nature of the accident. When the officer arrives, ask if it is safe to move the vehicles and seek their guidance on preserving evidence at the scene.

Steps to Take Before Moving Your Vehicle

If you need to move your vehicle, take these steps first:

Photograph the damage to all vehicles and their original positions. These photos can serve as valuable evidence for your insurance claim.
Make a note of the original location of each vehicle involved in the accident. Include distances from landmarks, road signs, or intersections.
Ensure that your vehicle is safe to operate before attempting to move it. Check for fluid leaks, tire damage, and other safety hazards.

Other Considerations About Moving Your Car

Be aware of your state's laws regarding moving vehicles after an accident. In California, drivers are required to move their vehicles out of traffic lanes if there are no injuries and the vehicles are operable.
Check your insurance policy or contact your insurance provider to understand how moving your vehicle after an accident may impact your claim. Some policies may have specific guidelines or requirements related to post-accident vehicle movement.
Keep in mind that moving your vehicle may affect the ability to determine fault, as the original positions of the vehicles can provide crucial evidence. If you believe the other driver was at fault and the vehicle positions support that, consider waiting for police to document the scene before moving your car, if it is safe to do so.

Protect Your Rights and Maximize Your Settlement

We understand the confusion and stress that often follow a car accident, which is why we are here to help you navigate the legal process with confidence. At KP Law, our team is dedicated to protecting your rights and ensuring you receive the maximum compensation you deserve for your injuries and damages. Remember, it's crucial to prioritize your safety and well-being after an accident.

Note: This blog post is for informational purposes only and should not be taken as legal advice. Always consult with our experienced attorney for guidance specific to your situation.