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If you're involved in a small fender bender accident in a high traffic area, it is clear who is at fault, and nobody is injured, aren't the two people involved supposed to move their vehicles out of the way in order to avoid causing another accident?

I have heard conflicting information on this so please cite your source if possible.

I though that was the law.

2007-01-24 03:16:00 · 10 answers · asked by DannyK 6 in Cars & Transportation Safety

10 answers

If the vehicles can be moved from the roadway then they should be moved. I do not know of any law requiring a driver to do so, however, if you remain parked in the roadway unnecessarily and another accident occurs, it might be possible that you would be cited for improper parking or stopping the the roadway. This may not be a likely scenario but it could put you in danger of being found liable for the consequent accident that occurs. It is always best to move the cars out of the way of traffic.

2007-01-24 05:41:57 · answer #1 · answered by skh1972 3 · 2 0

There are different laws in different states, so you should probably check what your local laws say.

It's usually a good idea to move them, but it's also amazing how fast the other persons story can change after you do move them. If they claim responsibility but then seem a little too anxious to get the cars moved before the cops get there, then either take some pictures, or just leave them where they are - if you don't move yours, and the other guy moves his, then it doesn't matter what he says later. But if both get moved, and the other guy suddenly changes his story, then it can bite you in the azz.

A girl I work with had a very minor wreck one morning - the other lady was like 'it was my fault, and since it's not that much damage, and we both need to get to work, lets just exchange info and not worry about getting a cop to look at it', the girl assumed that everything would be fine, right up until the ladies insurance contacted her because she had lied through her teeth about how it was the girls fault. Important lesson there.

2007-01-24 03:25:02 · answer #2 · answered by superfunkmasta 4 · 1 0

If the vehicle can be moved then move it. BUT TAKE PICTURES OF THE ACCIDENT SITE prior to doing so. You'll want pictures up close of the cars together, as well as a shot from a reasonable distance...enough to capture the street markings, etc.

If the vehicle can't be moved then you have no choice. If you have flares set them out alerting other drivers.

Accidents create hazardous conditions for other motorists, and even though drivers are supposed to pay attention to there surroundings--most don't and they'll plow into you anyway. And that's another mess you'll have to deal with.

2007-01-24 16:28:33 · answer #3 · answered by bundysmom 6 · 1 0

I thought the same thing as well, and I was in a major accident on the fwy and when the CHP showedup they told me to move our vehicles, exchange info, and he didn't bother to stay. Just tore outta there. I do believe most laws say to wait for a peace officer, but nothing really seems to happen unless injury is involved.

2007-01-24 04:24:59 · answer #4 · answered by dudeinnorcal 3 · 1 0

I was rear-ended on a local NJ street on Dec 21. I refused to move the car until the police came, despite the fact that the road was one lane in each direction and the wreck was blocking the way. The policeman said nothing negative about it. He inspected the situation and after he was done he asked us to move the cars out of the way. No way do I move my car until the cops see that I got hit from behind. My sister got rear-ended one day and the other driver tried to claim she backed into him.

2007-01-24 13:32:20 · answer #5 · answered by jhartmann21 4 · 2 0

Where I live that's called "Altering the scene of an accident." I won't move until the cop says to. Got broadsided at an uncontrolled intersection a few years back. The other guy backed over to the curb. My truck sat dead center in the intersection until the cop got there. The other guy said it was my fault for not stopping and the cop gave him a dirty look and said "PROVE IT!!!!" No ticket for either of us as to fault but he got nailed for moving his truck.

2007-01-31 15:10:41 · answer #6 · answered by mark56649 2 · 1 0

ALWAYS carry a camera with you. Take pictures of the incident, all angles. even if the other person admits fault (because they can change their story pretty quickly, ask me how I know!)
Then you can move your car out of traffic. If it's questionable or the other person is blaming you, keep the car there. Either way, always have that camera in your car, it can really help immensely!

2007-01-24 03:28:47 · answer #7 · answered by ouch 2 · 1 0

If it's going to be a dispute over which car was where, it's best to leave 'em where they are until the cops arrive. Otherwise, as you rightly describe, it's sensible to move out of the way while you sort out the details.

(That's in the UK, where you're expected to use some common sense)

2007-01-24 03:22:05 · answer #8 · answered by champer 7 · 1 0

If you can safely move the vehicles out of the way, your required too. In some states you can be giving a ticket for not doing so.

2007-01-24 03:21:13 · answer #9 · answered by kakl1104 2 · 1 0

in most states if the vehicles can be moved clear of traffic they should be.

2007-01-24 03:18:42 · answer #10 · answered by David B 6 · 1 0

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