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Indiana criminal charge

Duties of driver of motor vehicle involved in an accident resulting in traffic obstruction; violation in Indiana

Current through 2026 Indiana legislative session

Duties of driver of motor vehicle involved in an accident resulting in traffic obstruction; violation is a criminal offense under Indiana law, defined by Ind. Code § 9-26-1-1.2. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.

Defined by Ind. Code § 9-26-1-1.2.

What is the penalty for duties of driver of motor vehicle involved in an accident resulting in traffic obstruction; violation in Indiana?

Penalties for Duties of driver of motor vehicle involved in an accident resulting in traffic obstruction; violation
PenaltyRangeBasisAuthority
Fineup to $500 (Failure to move vehicle off traveled portion of highway — An operator involved in an accident whose vehicle stops in the traveled portion of a highway fails to move it off the traveled portion as soon as safely possible when moving is required (i.e., accident does not involve hazardous materials transport or injury/death/entrapment).; civil judgment, not a criminal conviction (IC 34-28-5); no jail; IC 34-28-5-4(f) exceptions may set a different amount)discretionaryInd. Code § 34-28-5-4
Jail / prisonup to 180 days (Leaving the scene of an accident — An operator subject to subsection (a) knowingly or intentionally fails to comply with the duties in section 1.1(a)(2), 1.1(a)(3), or 1.1(a)(4) of the chapter, such as providing information or rendering aid.)discretionaryInd. Code § 35-50-3-3
Fineup to $1,000 (Leaving the scene of an accident — An operator subject to subsection (a) knowingly or intentionally fails to comply with the duties in section 1.1(a)(2), 1.1(a)(3), or 1.1(a)(4) of the chapter, such as providing information or rendering aid.)discretionaryInd. Code § 35-50-3-3

Applies to current.

How is duties of driver of motor vehicle involved in an accident resulting in traffic obstruction; violation classified in Indiana?

The classification depends on the circumstances:

Classification variants for Duties of driver of motor vehicle involved in an accident resulting in traffic obstruction; violation
VariantClassificationWhen it appliesStatute
Failure to move vehicle off traveled portion of highwayClass C InfractionAn operator involved in an accident whose vehicle stops in the traveled portion of a highway fails to move it off the traveled portion as soon as safely possible when moving is required (i.e., accident does not involve hazardous materials transport or injury/death/entrapment).Ind. Code § 9-26-1-1.2(a)
Leaving the scene of an accidentClass B MisdemeanorAn operator subject to subsection (a) knowingly or intentionally fails to comply with the duties in section 1.1(a)(2), 1.1(a)(3), or 1.1(a)(4) of the chapter, such as providing information or rendering aid.Ind. Code § 9-26-1-1.2(b)

Common questions about duties of driver of motor vehicle involved in an accident resulting in traffic obstruction; violation in Indiana

Is duties of driver of motor vehicle involved in an accident resulting in traffic obstruction; violation a felony or a misdemeanor in Indiana?

It depends on the circumstances: duties of driver of motor vehicle involved in an accident resulting in traffic obstruction; violation ranges from a Class C Infraction to a Class B Misdemeanor in Indiana under Ind. Code § 9-26-1-1.2.

Failure to move vehicle off traveled portion of highway: Class C Infraction (Ind. Code § 9-26-1-1.2(a)) · Leaving the scene of an accident: Class B Misdemeanor (Ind. Code § 9-26-1-1.2(b))

What are the penalties for duties of driver of motor vehicle involved in an accident resulting in traffic obstruction; violation in Indiana?

Penalties for duties of driver of motor vehicle involved in an accident resulting in traffic obstruction; violation in Indiana depend on how it is classified — from a Class C Infraction up to a Class B Misdemeanor — with the ranges set by Ind. Code § 34-28-5-4 and Ind. Code § 35-50-3-3; the full table of ranges by variant is published on this page.

Which Indiana statute covers duties of driver of motor vehicle involved in an accident resulting in traffic obstruction; violation?

Duties of driver of motor vehicle involved in an accident resulting in traffic obstruction; violation is governed by Ind. Code § 9-26-1-1.2 (Duties of driver of motor vehicle involved in an accident resulting in traffic obstruction; violation).

Legal terms used in this law

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.