Fender Bender Dilemma: Should You Move Your Car After an Accident or Not?

In your long-ago Driver’s Education classes, you might remember learning that it’s important for your own safety – not to mention a Michigan legal requirement – to move your car away from traffic lanes to the median alongside the road or some other safe location following an accident.
Or, you may recall hearing that if you move your car off the road following an accident you could cause more damage to the vehicle and ruin it forever, forcing your insurance company to total the car, destroying important evidence of the crash, and possibly costing you a boatload of money.
Well, we’re here to tell you that either or both of these answers can be partially right (but one is actually far more correct). It all depends upon the need to obey state law, the post-accident condition of your vehicle, and a variety of other circumstances. Let’s take a few minutes to explain what we mean, so you can make the best possible decision if you’re ever involved in a serious collision.
Good reasons for moving your car out of traffic after a crash
Most of the time, it’s simply prudent to completely remove your car from traffic lanes if you’ve been involved in an accident. There are numerous reasons this is true, not the least of which is that in many states – including Michigan – it’s a legal requirement. Not doing so can be more serious than merely breaking the law, however. For example, last year two Oakland County police deputies who failed to move their squad cars from the travel lanes fell victim to an oncoming pickup truck while they were attempting to assist a tow truck driver. Both officers were injured, one seriously. But if they had removed their cars to a safer place away from traffic beforehand, they might have escaped injury altogether.
Of course, personal safety is just one of many key reasons to move your car off the road after a crash. Here are three more:
First, it’s always smart to stay as far from other traffic as possible, or you risk contributing to a chain-reaction collision in which more innocent people could end up getting hurt.
Another is that clearing the travel lanes is simply polite to other folks who could be on their way to work, heading to school, or attempting to make it to other appointments on time.
Yet another is that by moving your vehicle, you make it faster and easier for emergency responders such as ambulances, fire trucks, and law enforcement officers to reach the scene, which could help save lives.
A word of warning, though, is that you shouldn’t move your vehicle too far from the crash or you could risk being accused of leaving the scene of an accident, which is a misdemeanor in Michigan that could land you in prison for up to 90 days! So, get your car to a safe place… but don’t fall for the temptation of driving away entirely.
Valid reasons to leave your car where it is after a crash
Despite all the points proving it’s much better to move your vehicle out of harm’s way after an accident, if your car is completely broken down after a crash – for example you find that it’s impossible to start the engine, your transmission is disabled, or there’s a major fuel leak which could become ignited – you have a logical and defensible reason to leave it where it is. The same holds true if drivers or any passengers are seriously injured or unconscious. For instance, medical experts note that spinal injuries can sometimes be made far worse by moving an accident victim. Indeed, Michigan law takes this into consideration, saying that if “the operator of a motor vehicle involved in an accident knows or reasonably should know that serious impairment of a bodily function or death has resulted from the accident,” it is not required to move the vehicle from the accident scene. Here’s where to find complete details on how Michigan law applies under these circumstances.
What’s more, it’s also possible that moving your vehicle could inadvertently destroy, disrupt, or remove evidence proving you were not responsible for the crash. However, we think you’d agree that protecting your life and safety is far more important than preserving evidence. So, as long as no one is seriously injured, it’s almost always best to move your car out of traffic lanes and into a safer location following an accident. In addition, there are a number of other important steps you should take right away to safeguard yourself and the people you care about if you’re ever involved in a crash.
The bottom line – obey state law, follow law enforcement instructions and call us if you’ve been hurt
As we’ve already noted, Michigan and most other states require motorists to move their vehicles off the road following an accident. And while there might be times when doing so isn’t possible or the best course of action, law enforcement officers will advise you on what you should do given the circumstances and location of the crash. Regardless of all this, it’s always wise to have a team of dedicated personal injury attorneys on your side after any accident in which you or someone you love have been hurt through no fault of your own. That’s why we hope you’ll have our telephone number – 855-MIKE-WINS (855-645-3946) – etched into your brain! We’re always ready, willing, and available to take your call anytime day or night from the moment you’ve been injured. Never hesitate to get us working on your behalf.
Content checked by Mike Morse, personal injury attorney with Mike Morse Injury Law Firm. Mike Morse is the founder of Mike Morse Law Firm, the largest personal injury law firm in Michigan. Since being founded in 1995, Mike Morse Law Firm has grown to over 250 employees, served 100,000 clients, and collected more than $2 billion for victims of auto, truck and motorcycle accidents. The main office is in Southfield, MI but you can also find us in Detroit, Sterling Heights and many other locations.
