2013 Kentucky Revised Statutes CHAPTER 189 - TRAFFIC REGULATIONS -- VEHICLE EQUIPMENT AND STORAGE 189.580 Duty in case of accident -- Movement of vehicle from roadway after accident -- Removal of vehicles obstructing roadway -- Exemptions -- Costs of removal recoverable.
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189.580 Duty in case of accident -- Movement of vehicle from roadway after
accident -- Removal of vehicles obstructing roadway -- Exemptions -Costs of removal recoverable.
(1)
(2)
(3)
(4)
(a)
The operator of any vehicle, whose vehicle, vehicle load, or vehicle
equipment which is involved in an accident resulting in injury to or death
of any person or resulting only in damage to a vehicle or other property
which is driven or attended by any person, shall immediately stop and
ascertain the extent of the injury or damage and render reasonable
assistance, including the carrying, or making of arrangements for the
carrying, of such person to a physician, surgeon, or hospital for medical or
surgical treatment if it is apparent that such treatment is necessary, or if
such carrying is requested by the injured person. The operator or person
having or assuming authority of the operator, or ownership of the vehicle,
shall give the occupant of the vehicle, or person struck, if requested, the
registration number of the vehicle, if any, and also the names and
addresses of the owner, the occupants, and operator. The total names
need not exceed five (5) in number.
(b) If an accident that occurs on an interstate highway or parkway or any
on-ramp or off-ramp thereto does not involve death, known or visible
injury, or the transportation of hazardous material, the operator shall
move the vehicle off the roadway to a place as close to the accident
scene as practicable without obstructing traffic as soon as the vehicle can
be moved without the risk of further injury or damage. The operator or
person having or assuming authority of the operator, or ownership of the
vehicle, shall give any other person involved in the accident, if requested,
the registration number of the vehicle, if any, and also the names and
addresses of the owner, the occupants, and the operator of his or her
vehicle, and insurance information for the vehicle.
The operator of any vehicle which collides with or is involved in an accident
with any vehicle or other property which is unattended resulting in any damage
to such other vehicle or property shall immediately stop as close to the
accident scene as possible without obstructing traffic and shall then and there
either locate and notify the operator or owner of such vehicle or other property
of his or her name, address, and the registration number of the vehicle he or
she is driving or shall attach securely in a conspicuous place in or on such
vehicle or other property a written notice giving his or her name, address, and
the registration number of the vehicle he or she is driving, or shall file a report
with the local police department.
If the operator of a vehicle is unable to move a vehicle off the roadway under
the provisions of subsections (1) and (2) of this section, the operator or owner
may permit any person who possesses a valid operator's license or proper
class of commercial driver's license to move the vehicle as provided in this
section.
Except as provided for in subsection (5) of this section, a peace officer or
safety officer may remove or cause to be removed from the roadway of an
interstate highway or parkway or any on-ramp or off-ramp thereto, without
consent of the owner or operator, any vehicle, cargo, or other property which is
(5)
(6)
(7)
(8)
obstructing the roadway, creating or aggravating an emergency situation, or
otherwise endangering public safety. Any vehicle, cargo, or other property
obstructing the roadway of an interstate highway or parkway shall be removed
by the most expeditious means available to clear the obstruction, giving due
regard to the protection of the property removed.
(a) In accidents that involve fatalities or known or visible injuries, the removal
provisions of subsection (4) of this section shall apply only after all
medical assistance, fire supervision, and site investigation have been
completed.
(b) The removal provisions of subsection (4) of this section shall not apply if
an accident involves, or is believed to involve, a release of hazardous
materials.
(a) The operator of a vehicle involved in an accident on a highway in this
state which results in a fatality or a known or visible injury to a person or
damage to a vehicle which renders the vehicle inoperable shall
immediately notify a public safety answering point, law enforcement
agency, or law enforcement officer having jurisdiction, if the operator is
physically capable of doing so and has in his or her possession a
functioning communications device with which to do so.
(b) In the event an operator fails to notify or is incapable of notifying a public
safety answering point, law enforcement agency, or law enforcement
officer having jurisdiction, the responsibility for reporting the accident
within a reasonable amount of time shall rest with the owner of the vehicle
or any occupant of the vehicle at the time of the accident, if the owner or
occupant is physically capable of doing so, has in his or her possession a
functioning communications device with which to do so, and, in the case
of the owner, knows of the motor vehicle accident. A law enforcement
officer having jurisdiction shall investigate the accident and file a written
report of the accident with the officer's agency.
The operator of a vehicle involved in an accident on a highway in this state
resulting in injury to or death of any person or in which total property damage of
five hundred dollars ($500) or more is sustained, and in which an investigation
is not conducted by a law enforcement officer, shall file a written report of the
accident with the Department of Kentucky State Police within ten (10) days of
the occurrence of the accident upon forms provided by the department.
Any agency, including the Commonwealth, that removes property from the
roadway may intervene in any civil action arising from the accident to recover
any costs expended. An owner of real property shall not be liable for the costs
of removal under this section of trees, fences, structures, or other debris which
fall into the roadway as a result of fire, severe weather, or other casualty.
Effective:June 26, 2007
History: Amended 2007 Ky. Acts ch. 85, sec. 210, effective June 26, 2007. -Amended 2006 Ky. Acts ch. 109, sec. 1, effective July 12, 2006; and ch. 110,
sec. 1, effective July 12, 2006. -- Amended 1990 Ky. Acts ch. 94, sec. 2,
effective July 13, 1990. -- Amended 1978 Ky. Acts ch. 83, sec. 2, effective June
17, 1978; and ch. 434, sec. 7, effective June 17, 1978. -- Amended 1976 Ky.
Acts ch. 133, sec. 23. -- Amended 1974 Ky. Acts ch. 74, Art. IV, sec. 20(10). -Amended 1972 Ky. Acts ch. 64, sec. 2. -- Amended 1958 Ky. Acts ch. 126,
sec. 24. -- Amended 1952 Ky. Acts ch. 151, sec. 2. -- Recodified 1942 Ky. Acts
ch. 208,
sec. 1,
effective
October
1,
1942,
from
Ky.
Stat.
secs. 2739g-53, 2739g-69x, 2739g-69y.
Legislative Research Commission Note (6/17/78). This section was amended by
1978 Ky. Acts chs. 83 and 434, part of which are in conflict and cannot be
compiled together. Effect has been given to all provisions except for the
conflicting provision in subsection (3), in which the later amendment by 1978 Ky.
Acts ch. 434, sec. 7, prevails.
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