§ 9-26-1-1.1 — Duties of driver of motor vehicle involved in accident; sentencing

Indiana § 9-26-1-1.1

• Jurisdiction: Indiana
• Title 9: MOTOR VEHICLES
• Art. 26: ACCIDENTS AND ACCIDENT REPORTS
• Ch. 1: Duties of Drivers, Owners, and Passengers and Accident

Text

1. (a) The operator of a motor vehicle involved
in an accident shall do the following:
(1) Except as provided in section 1.2 of this chapter, the operator
shall immediately stop the operator's motor vehicle:
(A) at the scene of the accident; or
(B) as close to the accident as possible;
in a manner that does not obstruct traffic more than is necessary.
(2) Remain at the scene of the accident until the operator does the
following:
(A) Gives the operator's name and address and the registration
number of the motor vehicle the operator was driving to any
person involved in the accident.
(B) Exhibits the operator's driver's license to any person
involved in the accident or occupant of or any person attending
to any vehicle involved in the accident.
(3) If the accident results in the injury or death of another person,
the operator shall, in addition to the requirements of subdivisions
(1) and (2):
(A) provide reasonable assistance to each person injured in or
entrapped by the accident, as directed by a law enforcement
officer, medical personnel, or a 911 telephone operator; and
(B) as soon as possible after the accident, immediately give
notice of the accident, or ensure that another person gives
notice of the accident, by the quickest means of communication
to one (1) of the following:
(i) The local police department, if the accident occurs within
a municipality.
(ii) The office of the county sheriff or the nearest state police
post, if the accident occurs outside a municipality.
(iii) A 911 telephone operator.
(4) If the accident involves a collision with an unattended vehicle
or damage to property other than a vehicle, the operator shall, in
addition to the requirements of subdivisions (1) and (2):
(A) take reasonable steps to locate and notify the owner or
person in charge of the damaged vehicle or property of the
damage; and
(B) if after reasonable inquiry the operator cannot find the
owner or person in charge of the damaged vehicle or property,
the operator must contact a law enforcement officer or agency
and provide the information required by this section.
(b) An operator of a motor vehicle who knowingly or intentionally
fails to comply with subsection (a) commits leaving the scene of an
accident, a Class B misdemeanor. However, the offense is:
(1) a Class A misdemeanor if the accident results in bodily injury
to another person;
(2) a Level 6 felony if:
(A) the accident results in moderate or serious bodily injury to
another person; or
(B) within the five (5) years preceding the commission of the
offense, the operator had a previous conviction of any of the
offenses listed in IC 9-30-10-4(a);
(3) a Level 4 felony if the accident results in the death or
catastrophic injury of another person; and
(4) a Level 3 felony if the operator knowingly or intentionally
fails to stop or comply with subsection (a) during or after the
commission of the offense of operating while intoxicated causing
serious bodily injury (IC 9-30-5-4) or operating while intoxicated
causing death or catastrophic injury (IC 9-30-5-5).
(c) An operator of a motor vehicle who commits an offense under
subsection (b)(1), (b)(2), (b)(3), or (b)(4) commits a separate offense
for each person whose injury or death was a result of the accident.
(d) A court may order terms of imprisonment imposed on a person
convicted of more than one (1) offense described in subsection (b)(1),
(b)(2), (b)(3), or (b)(4) to run consecutively. Consecutive terms of
imprisonment imposed under this subsection are not subject to the
sentencing restrictions set forth in IC 35-50-1-2(c) through IC 35-50-1-2(d).

Legislative History

As added by P.L.217-2014, SEC.104. Amended by P.L.188-2015, SEC.99; P.L.63-2016, SEC.1; P.L.123-2017, SEC.1; P.L.184-2019, SEC.3.