§ 9-26-2-5 — "Emergency contact data base"; "emergency contact person"; "qualifying motor vehicle accident"; duties of law enforcement officers; immunity

Indiana § 9-26-2-5

• Jurisdiction: Indiana
• Title 9: MOTOR VEHICLES
• Art. 26: ACCIDENTS AND ACCIDENT REPORTS
• Ch. 2: Duties of Law Enforcement Officers and Accident

Text

(a) As used in this section, "emergency contact
data base" means the Indiana emergency contact data base described
in IC 9-26-10-1.
(b) As used in this section, "emergency contact person" means an
individual who is listed in the emergency contact data base, including
only individuals who are at least eighteen (18) years of age.
(c) As used in this section, "qualifying motor vehicle accident"
means a motor vehicle accident involving:
(1) death; or
(2) serious bodily injury.
(d) As used in this section, "serious bodily injury" has the meaning
set forth in IC 35-31.5-2-292.
(e) A law enforcement officer, upon arriving at the scene of a
qualifying motor vehicle accident, shall access the emergency contact
data base and attempt to contact the emergency contact persons listed
for a corresponding holder of a physical credential unable to
communicate due to death or serious bodily injury. If contact with an
emergency contact person is made, the law enforcement officer shall
inform the emergency contact person that the holder of a physical
credential has been involved in a qualifying motor vehicle accident.
(f) A law enforcement officer shall attempt to contact the emergency
contact persons of the holder of a physical credential within a
reasonable amount of time after learning of or responding to a
qualifying motor vehicle accident.
(g) A law enforcement officer's good faith attempt to contact the
emergency contact persons of the holder of a physical credential as
described in subsection (f) immunizes the law enforcement officer from
civil liability and all associated damages, including punitive damages,
related to the law enforcement officer's inability to make:
(1) any contact with the emergency contact persons of the holder
of a physical credential; or
(2) contact with the emergency contact persons of the holder of a
physical credential within a reasonable amount of time after
arriving at the scene of a qualifying motor vehicle accident.
(h) If a law enforcement officer is not liable for an act or omission
under this section, no other person incurs liability by reason of an
agency relationship with the law enforcement officer.
(i) A law enforcement officer may not be:
(1) found liable; or
(2) subject to damages;
for any inaccuracy or omission related to the information contained in
the emergency contact data base.
(j) The duty imposed on a law enforcement officer by this section
shall be performed in addition to any other duty required by this
chapter.
(k) A law enforcement agency may establish and implement
protocols necessary to meet the law enforcement agency's obligations
under this section.
(l) A law enforcement agency is exempt from this chapter before the
creation of the emergency contact data base by the bureau.

Legislative History

As added by P.L.131-2017, SEC.1. Amended by P.L.178-2019, SEC.58; P.L.211-2023, SEC.68.