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Old 12-10-2014, 07:48 AM
 
Location: Atlanta
62 posts, read 58,969 times
Reputation: 80

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Quote:
Originally Posted by arjay57 View Post
I thought the law said you had to get your vehicle off the road after an accident . It's dumb to just sit there blocking everybody else.

The cops should ticket people who don't move out of the way after a wreck.
I recall the awareness campaign slogan being, "If you can steer it, clear it" or something modestly catchy like that.
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Old 12-10-2014, 07:49 AM
 
Location: ATL -> HOU
4,130 posts, read 3,233,077 times
Reputation: 3154
Quote:
Originally Posted by arjay57 View Post
I thought the law said you had to get your vehicle off the road after an accident . It's dumb to just sit there blocking everybody else.

The cops should ticket people who don't move out of the way after a wreck.
I see signs all the time on the freeways saying mvoe crash vehicles out of travel lanes if no injuries
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Old 12-10-2014, 08:04 AM
 
2,599 posts, read 2,984,796 times
Reputation: 1426
So what do you guys propose to do when the police arrive and say they cannot reconstruct the accident from your pictures/cannot tell exactly what happened and there are no other witnesses beyond you and the driver of the car? Some police are not willing to reconstruct an accident just from eyeballing the vehicles in whatever location they are in upon their arrival. For one thing, they have no benefit of car positioning to tell the story bc you've destroyed that by moving your car. Second, they have no idea what scratches, dents, etc. were already on a car and what were allegedly caused by the accident bc, once again, they don't even know the positions the cars were in relative to one another and they just don't know what your car looked like before the accident. Further, not every car dents when hit. One may dent and the other may not...or neither may dent on the outside but there could be damage on the inside of the bumper, for example. I've had that happen before. If the police cannot pinpoint in the report where the impact occurred (bc they do not do an internal inspection of the car) how can you later assert that the internal damage was the result of the collision? Reconstructing all of that from what will undoubtably be conflicting reports between you and the other driver and no benefit of physics (which does not lie) because you've moved the cars - that's just a lot of responsibility to place on a police officer who was not there when the situation happened. Or are you ok with simply calling your own insurance company if someone hits you, paying the deductible yourself and having your own insurance payment go up because you have a claim? If you're ok with that then moving it makes perfect sense.

I looked it up and it appears that Georgia says slightly contradictory things. It says stay at the scene of the accident (which could be considered the lane where it happened) but also says if no one is injured and someone has a license, pull into the emergency lane or median. I would assume the state really wants someone to move into the emergency lane. A police officer would have to give me a ticket (which none has ever done in GA, and I was rear ended just a few months ago) bc I would let other drivers go around before I run the risk of the police arriving and not knowing to whom to give the ticket, or what happened.

In my case, the police arrived and EVEN THEY did not move the cars out of the road until they took a look at both cars, asked questions, and figured out what happened on their own. THEN they moved the vehicles. In other words, they needed to see the situation to do their job. They did not seem particularly worried about the other cars on the road that were simply (wonder of wonders) going around...and it was every bit of 12:30 p.m. on Peachtree Road.

Quote:
Originally Posted by sedimenjerry View Post
I see signs all the time on the freeways saying mvoe crash vehicles out of travel lanes if no injuries

Last edited by LovelySummer; 12-10-2014 at 08:16 AM..
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Old 12-10-2014, 09:10 AM
 
28,160 posts, read 24,704,135 times
Reputation: 9549
Quote:
Originally Posted by LovelySummer View Post
So what do you guys propose to do when the police arrive and say they cannot reconstruct the accident from your pictures/cannot tell exactly what happened and there are no other witnesses beyond you and the driver of the car?
Reconstructing the accident may help somebody for insurance purposes but you've still got to get off the road. Folks can't tie up a whole road because they're worried about who is going to win some private insurance battle.


(b) This Code section shall apply to motor vehicle traffic accidents which occur on the public roads of this state as defined in paragraph (24) of Code Section 32-1-3. Any violation of this Code section shall be punishable as a misdemeanor pursuant to Code Section 40-6-1.

(c) When a motor vehicle traffic accident occurs with no apparent serious personal injury or death, it shall be the duty of the drivers of the motor vehicles involved in such traffic accident, or any other occupant of any such motor vehicle who possesses a valid driver's license, to remove said vehicles from the immediate confines of the roadway into a safe refuge on the shoulder, emergency lane, or median or to a place otherwise removed from the roadway whenever such moving of a vehicle can be done safely and the vehicle is capable of being normally and safely driven, does not require towing, and can be operated under its own power in its customary manner without further damage or hazard to itself, to the traffic elements, or to the roadway. The driver of any such motor vehicle may request any person who possesses a valid driver's license to remove any such motor vehicle as provided in this Code section, and any such person so requested shall be authorized to comply with such request.

(d) The driver or any other person who has removed a motor vehicle from the main traveled way of the road as provided in subsection (c) of this Code section before the arrival of a police officer shall not be considered liable or at fault regarding the cause of the accident solely by reason of moving the vehicle pursuant to this Code section.


O.C.G.A. § 40-6-275

LexisNexis® Custom Solution: Georgia Code Research Tool
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