Most people are quite upset after a car accident. There are certain things they must remember with regards to their vehicle. One of them is removing their vehicle from the scene of the accident when appropriate. Tennessee law provides guidelines on how to handle this situation.
Police
Law enforcement usually does not respond to minor accidents unless there is an injury that requires a person to go to the hospital. They will also respond if it seems the accident was a result of impaired driving. In these situations, police do not want those involved in the accident to move their vehicles. If it has been a minor accident with no injuries, then it is up to those involved to remove their vehicles from the path of traffic or completely off the road.
Common Sense
The first concern should be safety. If it appears that moving the vehicle after the accident will provide a higher degree of safety, it needs to be done. The law appears to prefer a person not to move their vehicle if possible. This is a judgment call situation and will require a person to use their common sense.
No Injuries
Should an accident not result in any injuries then moving a vehicle can be lawful. According to Tennessee Code Annotated § 55-10-117 it is acceptable to move a vehicle involved in a car accident from the immediate confines of the roadway. It has to be placed at a safe refuge on the shoulder of a road, median or emergency lane. A vehicle can also be moved to other places if it is possible for it to be moved there safely. The vehicle must be able to be safely driven. It can’t need assistance from a tow truck. The vehicle has to move on its own power. The move cannot cause further damage to the vehicle or cause it to become a hazard to other elements on the road. When a driver properly follows this law, they won’t be held liable for the cause of an accident because the vehicle was moved from the scene.
Accident With Injuries
When a car accident happens involving injuries, the vehicles still must be moved if necessary to provide a safe driving environment. All necessary actions must be taken to minimize danger to all persons injured as a result of the accident. According to Tennessee Code Annotated § 55-10-106, a driver of a vehicle involved in a car accident causing injury, death or property damage over the sum of $50 must immediately contact the nearest police department and notify them of the accident. Movement of the injured parties to safety must be done without causing further injury. Vehicles may be moved if they cause a visual impediment to other motorists.
Consult Attorney
Most people don’t understand how their actions during and after a car accident will impact their life. This is a time when they should know their rights. They need to speak with a personal injury attorney. An experienced lawyer will be able to evaluate the situation and provide a person with an honest estimate of their rights as well as liability. If a person was in the right to move their vehicle or not after an accident could be called into question. This is a situation where an experienced attorney can help all those involved understand why a vehicle was moved and how it was a lawful decision.
