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Can I Move My Car After an Accident in Visalia CA?

You just got into an accident, but no one was hurt and you can still move your car. Do you move it off the road? If you do, will you get into trouble when the police come? What if I leave it here and another car hits me?

It’s a dilemma many motorists face in the moments after an accident. In California, not only can you move your car, but in some circumstances, you are required to.

California Law on Moving a Vehicle After an Accident

Under California law, the motorist is required to move the car unless there is an injury or death. California Vehicle Code Section 20002 says, “The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists. Moving the vehicle in accordance with this subdivision does not affect the question of fault.”

Also, California Vehicle Code Section 22651 requires a peace officer to remove a vehicle that is impeding traffic, so if the motorist doesn’t do it, the police will. The exception is if moving the car will endanger any injured occupant of the vehicle or if someone in the vehicle has died.

The primary purpose of this law is the safety of those who just got into a crash and for those still traveling on the freeway or highway. Another reason is the flow of traffic. Though this is a secondary concern when someone is hurt, but it’s still an important concern for the police and the public.

When a car approaches an accident, there is always the risk of a secondary crash. This can happen if the driver is distracted or there is a glare or any reason that prevents the driver from stopping time.

In a rear-end accident in April, 2019, a Florida Highway Patrol Helicopter spotted two cars that collided on Brandon Boulevard approaching the onramp to I-75 and had stopped in one of the middle lanes. A video shows several near misses that could have caused serious injuries, especially one near miss involving a motorcycle. This poignantly illustrates how important it is to remove the cars from traffic.

What if I’m Injured?

The law says that if someone is injured or has died, then the vehicle should be left where it is. Once the police get there, the law gives them the authority to make a judgement call to move the car for the safety of others even if there is an injury or death.

However, if you injured but can get out of your vehicle safely and feel that the car should be moved, the law allows another person to move the car so long as they are a licensed driver. If you do nothing and police arrive, you won’t be in any trouble for not moving your disabled vehicle, but California law allows the police to move the vehicle without your consent.

The bottom line? The best thing to do is to move the car out of the road for everyone’s safety, and you won’t be given a ticket or be in trouble for moving the car so long as there is no serious injury or someone has died.

If you were injured in an auto accident in Visalia, contact the Visalia Car Accident Lawyers at Maison Law.

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