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After An Accident Or Breakdown Should You Move Your Vehicle

September 21, 2015 | Category: Automobile Accidents | Share

Your vehicle is making strange noises, behaving badly or you have just been involved in an accident, do you move your vehicle or leave it where it is for law enforcement to investigate? This is a question many have.

When you leave your vehicle on the road after a crash, you add to traffic back-ups, which may cause other more serious crashes in terms of personal injury and property damage. Several states have signs along major highways that advise motorists to move vehicles off the road after minor accidents such as another vehicle rear-ending you or a vehicle changing lanes into you. So, if you are in a fender bender with no known injuries, and you can move your vehicle from the travel lanes safely, do so. It is the law.

These laws are often called Move It, or Steer It/Clear It, laws. These laws require motorists involved in crashes to take actions that will allow for quick clearance initiatives. Traffic incidents are categorized as disablements, property damage only (PDO), and injury crashes. When involved in incidents, motorists are required to move their vehicles from the travel lanes if they are able to do so. The intent of move-it laws is to relocate disabled vehicles from the through lanes where they could be in danger of being struck, perhaps again, or otherwise worsening the original incident scenario. If the vehicles can be moved to the shoulder, or otherwise off the roadway, the incident scene is safer for everyone and traffic flow is less impaired.

Florida law under Section 316.027 & 316.061 – Requires that stopped motorists do not obstruct traffic more than necessary. If a damaged vehicle is obstructing traffic, the driver must make every reasonable effort to move the vehicle or have it moved so as not to obstruct the regular traffic flow.

In addition to Sections 316.027 and 316.061, 316.071 covers disabled vehicles obstructing traffic. Whenever a vehicle is disabled on any street or highway within the state or for any reason obstructs the regular flow of traffic, the driver shall move the vehicle so as not to obstruct the regular flow of traffic or, if he or she cannot move the vehicle alone, solicit help and move the vehicle so as not to obstruct the regular flow of traffic. Any person failing to comply with the provisions of this section shall be cited for a nonmoving violation, punishable as provided in chapter 318.

There are times when something can happen unexpectedly and cause your vehicle to break down. These include losing power, hearing loud sounds when some part breaks, or a tire blows out. All of these, and others, can cause you to lose control of your vehicle. Regardless of the cause of your vehicle's breakdown, you need to be prepared by knowing what to do. The AAA (American Automobile Association) recommends that you:

  1. Note your vehicle's location.
  2. Assess your vehicle's operating problem.
  3. Pull off the road.
  4. Alert other motorists.
  5. Communicate your situation.
  6. Remain with your vehicle.

"If you or a loved one has been involved in a motor vehicle accident, it is important to contact a personal injury attorney before the facts are forgotten and the evidence is no longer available," said Fort Myers Vehicle Accident Attorney, Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.

 

Fort Myers Vehicle Accident Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.

 

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