Indiana Code 9-26-1-1.1. Duties of driver of motor vehicle involved in accident; sentencing
(1) Except as provided in section 1.2 of this chapter, the operator shall immediately stop the operator’s motor vehicle:
Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Level 3 felony | between 3 and 16 years | up to $10,000 |
| Level 4 felony | between 2 and 12 years | up to $10,000 |
| Level 6 felony | between 6 mos. and 2 1/2 years | up to $10,000 |
| Class A misdemeanor | up to 1 year | up to $5,000 |
| Class B misdemeanor | up to 180 days | up to $1,000 |
Terms Used In Indiana Code 9-26-1-1.1
- Conviction: A judgement of guilt against a criminal defendant.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
(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).
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.