When you are involved in a car accident, you may be disoriented and upset and wonder what to do. Should you move your car out of traffic or wait until the police arrive?
You don’t want to make the wrong move and violate the law. And, if the other party is at fault, you want to be sure the police can determine fault for the accident and how it happened.
Knowing what steps to take after an accident is essential. Safety is always the priority. Check if you or anyone else involved in the accident is injured. If so, immediately call 911.
What Does Oklahoma Law Require?
Years ago, motorists were told not to move their vehicles after an accident. However, that rule has changed due to 47 OK Stat § 10-103.
For the last two decades, Oklahoma law has required you to move your vehicle after an accident if three conditions are met:
- No one is injured.
- Your vehicle is capable of being moved.
- There are no hazardous materials involved in the accident.
If these three conditions are met and you fail to move your vehicle after an accident, you may be issued a citation.
You should move your car to the shoulder of the highway, an off-ramp shoulder, an emergency pull-out, or another safe location.
Moving your vehicle when possible helps prevent other cars from crashing into the accident scene and maintains traffic flow.
Turn on your flashers. If the accident happens at night, use safety flares if you have them to help ensure other motorists see your vehicle.
When Should You Not Move Your Vehicle After An Accident?
You should never move your vehicle if it is not safe to do so.
Do not move your car if the accident has resulted in injury or death or if hazardous materials are involved.
When any of these conditions occur, you should call 911 and tell the operator your location, the number of cars and persons involved, and any other information they request without moving your vehicle from its location.
Determining Fault When Vehicles Are Moved After An Accident
Insurance companies are prohibited from assigning fault based on whether a vehicle was moved after an accident.
While it may be more difficult to determine fault after vehicles are moved, it can still be done. Investigators are trained to look for evidence explaining how an accident likely happened.
When our Oklahoma City car accident attorney takes a case, we thoroughly investigate the accident to determine all possible causes and potentially liable parties.
Some of the evidence that may be considered in determining fault includes:
- Eyewitness statements from those who saw the accident happen but were not involved.
- Statements from drivers and vehicle occupants involved in the accident.
- Surveillance video footage from nearby traffic, business, or residential cameras.
- Dashcam footage.
- Damage to vehicles.
- Skid marks.
- Photographs that may have been taken before the vehicles were moved.
- Black box data.
After an accident, you should consult an experienced Oklahoma City injury attorney promptly. Doing so can help protect your right to recover maximum compensation.
At Warhawk Legal, we want to take fast action to protect valuable evidence before it can be destroyed or lost. For example, eyewitness accounts can become blurry over time, and surveillance video footage may be overwritten within days if not preserved.
Schedule a Free Consultation To Discuss Your Accident Claim
If you have been injured or lost a loved one in a car accident caused by another party, you may be entitled to recover compensation for your damages.
The Oklahoma City wrongful death lawyers at Warhawk Legal have decades of experience recovering maximum client compensation for car accident injury victims and their families.
Call (405) 397-1717 or complete the short form on our contact page to schedule a free consultation. We look forward to meeting you and helping you recover the compensation you are entitled to.