CHAPTER 1. DUTIES OF DRIVERS, OWNERS, AND PASSENGERS AND ACCIDENT REPORTS - Indiana Statutes

IC 9-26
    ARTICLE 26. ACCIDENTS AND ACCIDENT REPORTS

IC 9-26-1
     Chapter 1. Duties of Drivers, Owners, and Passengers and Accident Reports

IC 9-26-1-0.5
Proof if accident involves serious bodily injury
     Sec. 0.5. For purposes of this chapter, an accident does not require proof of a collision between a driver's vehicle and another vehicle or another person if the accident involves serious bodily injury to or the death of a person.
As added by P.L.94-2006, SEC.4.

IC 9-26-1-1
Duties of driver of vehicle involved in accident resulting in injury, death, or entrapment
     Sec. 1. The driver of a vehicle involved in an accident that results in the injury or death of a person or the entrapment of a person in a vehicle shall do the following:
        (1) Immediately stop the driver's vehicle at the scene of the accident or as close to the accident as possible in a manner that does not obstruct traffic more than is necessary.
        (2) Immediately return to and remain at the scene of the accident until the driver does the following:
            (A) Gives the driver's name and address and the registration number of the vehicle the driver was driving.
            (B) Upon request, exhibits the driver's license of the driver to the following:
                (i) The person struck.
                (ii) The driver or occupant of or person attending each vehicle involved in the accident.
            (C) Subject to section 1.5(a) of this chapter, determines the need for and renders reasonable assistance to each person injured or entrapped in the accident, including the removal of, or the making of arrangements for the removal of:
                (i) each injured person from the scene of the accident to a physician or hospital for medical treatment; and
                (ii) each entrapped person from the vehicle in which the person is entrapped.
        (3) Subject to section 1.5(b) of this chapter, immediately give notice of the accident by the quickest means of communication to one (1) of the following:
            (A) The local police department, if the accident occurs within a municipality.
            (B) The office of the county sheriff or the nearest state police post, if the accident occurs outside a municipality.         (4) Within ten (10) days after the accident, forward a written report of the accident to the:
            (A) state police department, if the accident occurs before January 1, 2006; or
            (B) bureau, if the accident occurs after December 31, 2005.
As added by P.L.2-1991, SEC.14. Amended by P.L.210-2005, SEC.50; P.L.126-2008, SEC.3; P.L.1-2009, SEC.88.

IC 9-26-1-1.5
Duties of passenger of vehicle involved in accident resulting in injury, death, or entrapment
     Sec. 1.5. (a) If:
        (1) the driver of a vehicle is physically incapable of determining the need for or rendering assistance to any injured or entrapped person as required under section 1(2)(C) of this chapter;
        (2) there is another occupant in the vehicle at the time of the accident who is:
            (A) at least:
                (i) fifteen (15) years of age and holds a learner's permit issued under IC 9-24-7-1 or a driver's license issued under IC 9-24-11; or
                (ii) eighteen (18) years of age; and
            (B) capable of determining the need for and rendering reasonable assistance to injured or entrapped persons as provided in section 1(2)(C) of this chapter; and
        (3) the other occupant in the vehicle knows that the driver of the vehicle is physically incapable of determining the need for or rendering assistance to any injured or entrapped person;
the vehicle occupant referred to in subdivisions (2) and (3) shall immediately determine the need for and render reasonable assistance to each person injured or entrapped in the accident as provided in section 1(2)(C) of this chapter.
    (b) If:
        (1) the driver of a vehicle is physically incapable of giving immediate notice of an accident as required under section 1(3) of this chapter;
        (2) there is another occupant in the vehicle at the time of the accident who is:
            (A) at least:
                (i) fifteen (15) years of age and holds a learner's permit issued under IC 9-24-7-1 or a driver's license issued under IC 9-24-11; or
                (ii) eighteen (18) years of age; and
            (B) capable of giving notice as provided in section 1(3) of this chapter; and
        (3) the other occupant in the vehicle knows that the driver of the vehicle is physically incapable of giving immediate notice of an accident;
the vehicle occupant referred to in subdivisions (2) and (3) shall immediately give notice of the accident by the quickest means of

communication as provided in section 1(3) of this chapter.
    (c) If there is more than one (1) vehicle occupant to whom subsection (a) applies, it is a defense to a prosecution of one (1) vehicle occupant under subsection (a) that the defendant reasonably believed that another occupant of the vehicle determined the need for and rendered reasonable assistance as required under subsection (a).
    (d) If there is more than one (1) vehicle occupant to whom subsection (b) applies, it is a defense to a prosecution of one (1) vehicle occupant under subsection (b) that the defendant reasonably believed that another occupant of the vehicle gave the notice required under subsection (b).
As added by P.L.126-2008, SEC.4.

IC 9-26-1-2
Duties of driver of vehicle involved in accident resulting in damage to vehicle driven or attended by person but not resulting in injury, death, or entrapment
     Sec. 2. The driver of a vehicle involved in an accident that does not result in injury or death of a person or the entrapment of a person in a vehicle and that does not involve the transportation of hazardous materials but that does result in damage to a vehicle that is driven or attended by a person shall do the following:
        (1) Immediately stop the vehicle at the scene of the accident or as close to the accident as possible in a manner that does not obstruct traffic more than is necessary. If the accident occurs on a federal interstate highway, or on a ramp providing access to or from a federal interstate highway, the driver shall, as soon as safely possible, move the vehicle off the highway or ramp to a location as close to the accident as possible in a manner that does not obstruct traffic more than is necessary.
        (2) Immediately return to and remain at the scene of the accident until the driver does the following upon request:
            (A) Gives the driver's name and address and the registration number of the vehicle the driver was driving.
            (B) Gives the names and addresses of the owner and any occupants of the vehicle the driver was driving, if the names or addresses are different from the name and address provided under clause (A).
            (C) Provides proof of financial responsibility (as defined in IC 9-25-2-3) for the motor vehicle.
            (D) Exhibits the driver's license of the driver to the driver or occupant of or person attending each vehicle involved in the accident.
        (3) If the accident results in total property damage to an apparent extent of at least one thousand dollars ($1,000), forward a written report of the accident to the:
            (A) state police department, if the accident occurs before January 1, 2006; or
            (B) bureau, if the accident occurs after December 31, 2005;
within ten (10) days after the accident. As added by P.L.2-1991, SEC.14. Amended by P.L.157-2003, SEC.3; P.L.210-2005, SEC.51; P.L.126-2008, SEC.5; P.L.54-2009, SEC.10.

IC 9-26-1-2.5
Contents of driver's report
     Sec. 2.5. Only the following must be included in the written report prepared under sections 1(4) and 2(3) of this chapter by the driver of a motor vehicle involved in an accident:
        (1) The name and address of the driver preparing the report.
        (2) The date of the accident.
        (3) The names and addresses of the drivers of the other vehicles involved in the accident.
        (4) If, on the date of the accident, a motor vehicle liability policy was in effect with respect to the motor vehicle driven by the driver preparing the report, the following:
            (A) The policy number.
            (B) The name of the insurance company that issued the policy.
            (C) The name and signature of an agent of the insurance company, who by signing the report verifies that the policy was in effect with respect to the motor vehicle on the date of the accident.
As added by P.L.106-1991, SEC.1.

IC 9-26-1-3
Duties of driver of vehicle colliding with unattended vehicle
     Sec. 3. The driver of a vehicle that collides with an unattended vehicle shall immediately stop and do one (1) of the following:
        (1) Locate and notify the operator or owner of the vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle.
        (2) Leave in a conspicuous place in the vehicle struck a written notice giving the name and address of the driver and the owner of the vehicle doing the striking and a statement of the circumstances of the accident.
As added by P.L.2-1991, SEC.14.

IC 9-26-1-4
Duties of driver of vehicle causing damage to property other than another vehicle
     Sec. 4. (a) The driver of a vehicle that causes damage to the property of another person, other than damage to a vehicle, shall do the following:
        (1) Immediately stop the vehicle at the scene of the accident or as close to the accident as possible in a manner that does not obstruct traffic more than is necessary.
        (2) Immediately return to and remain at the scene of the accident until the driver does the following:
            (A) Takes reasonable steps to locate and notify the owner or person in charge of the property of the damage.             (B) Gives the person the driver's name and address and the registration number of the vehicle.
            (C) Upon request, exhibits the driver's license of the driver if the driver is required to have a driving license to operate the vehicle.
    (b) If after reasonable inquiry the driver of the vehicle cannot find the owner or person in charge of the damaged property, the driver of the vehicle shall do the following:
        (1) Notify either the sheriff of the county in which the damaged property is located or a member of the state police department.
        (2) Give the sheriff or state police department the information required by this section.
As added by P.L.2-1991, SEC.14.

IC 9-26-1-5
State police department; requiring reports from witnesses
     Sec. 5. The state police department may require witnesses of accidents to submit reports to the state police department.
As added by P.L.2-1991, SEC.14. Amended by P.L.210-2005, SEC.52.

IC 9-26-1-6
Incapacity of driver to make report; report made by occupant or vehicle owner
     Sec. 6. (a) If:
        (1) the driver of a vehicle is physically incapable of making a written report of an accident as required by this chapter; and
        (2) there was another occupant in the vehicle at the time of the accident capable of making a written report;
the occupant shall make or cause to be made the report not made by the driver.
    (b) If:
        (1) the driver of a vehicle is physically incapable of making an immediate or a written report of an accident as required by this chapter;
        (2) there was no other occupant; and
        (3) the driver is not the owner of the vehicle;
the owner of the vehicle involved in the accident shall, within five (5) days after the accident, make the report not made by the driver.
As added by P.L.2-1991, SEC.14. Amended by P.L.126-2008, SEC.6.

IC 9-26-1-7
City or town ordinances; accident reports; confidentiality
     Sec. 7. (a) A city or town may by ordinance require that the driver of a vehicle involved in an accident file with a designated city or town department:
        (1) a report of the accident; or
        (2) a copy of a report required in this article to be filed with the:
            (A) state police department; or
            (B) bureau.     (b) An accident report required to be filed under subsection (a) is for the confidential use of the designated city or town department and subject to IC 9-26-3-4.
As added by P.L.2-1991, SEC.14. Amended by P.L.210-2005, SEC.53.

IC 9-26-1-8
Failure to stop and remain at scene of accident resulting in injury or death; failure of driver to fulfill duties following collisions with unattended vehicles or other property; classification of violations
     Sec. 8. (a) A person who knowingly or intentionally fails to stop or comply with section 1(1) or 1(2) of this chapter after causing injury to a person commits a Class A misdemeanor. However, the offense is:
        (1) a Class D felony if:
            (A) the accident involves serious bodily injury to a person; or
            (B) within the five (5) years preceding the commission of the offense, the person had a previous conviction of any of the offenses listed in IC 9-30-10-4(a);
        (2) a Class C felony if the accident involves the death of a person; and
        (3) a Class B felony if the person knowingly or intentionally fails to stop or comply with section 1(1) or 1(2) of this chapter after committing operating while intoxicated causing serious bodily injury (IC 9-30-5-4).
    (b) A person who knowingly or intentionally fails to stop or comply with section 3 or 4 of this chapter after causing damage to the property of another person commits a Class B misdemeanor.
As added by P.L.2-1991, SEC.14. Amended by P.L.96-1996, SEC.2; P.L.97-1996, SEC.2; P.L.126-2008, SEC.7.

IC 9-26-1-9
Failure of driver or passenger to give notice of serious accident; failure to stop and to remain at scene of accident resulting in damage to another driven or attended vehicle; classification
     Sec. 9. A person who intentionally, knowingly, or recklessly violates section 1(3), 1.5, 2(1), or 2(2) of this chapter commits a Class C misdemeanor.
As added by P.L.2-1991, SEC.14. Amended by P.L.126-2008, SEC.8.

IC 9-26-1-10
Failure to make required report; notice; hearing; revocation or suspension of driver's license
     Sec. 10. The bureau shall, after proper notice is given and a hearing held, revoke or suspend the driver's license of a person who fails to make a report required under section 1(4), 2(3), or 5 of this chapter.
As added by P.L.2-1991, SEC.14.