Effective, March 9, 2010, 257.618a amends the Michigan Vehicle Code to require a vehicle to be removed from the main traveled portion of a roadway following an accident, if the vehicle could be operated normally and moved safely, unless the vehicle operator knew or reasonably should know that a serious injury or death had resulted from the accident.

The operator or an occupant with a valid driver license would have to move the vehicle to the shoulder, emergency lane, or median, or to a place otherwise removed from the roadway.

A person who violated this law would be responsible for a civil infraction.  The operator or other person who removed a motor vehicle as required before the arrival of a police officer would not be prima facie at fault regarding the cause of the accident solely by reason of removing the vehicle.

The decision of the operator or any other person to remove or not to remove a vehicle from the main roadway would not be admissible in a civil action as evidence that a serious impairment of bodily function had or had not resulted from the accident. 

The statute in its entirety is below for your review. 

257.618a Vehicle accident; removal from main traveled portion of roadway; conditions; violation as civil infraction.

Sec. 618a.

(1) Unless the operator of a motor vehicle involved in an accident knows or reasonably should know that serious impairment of a bodily function or death has resulted from the accident, the operator or any other occupant of the motor vehicle who possesses a valid driver license shall remove the motor vehicle from the main traveled portion of the roadway into a safe refuge on the shoulder, emergency lane, or median or to a place otherwise removed from the roadway if both of the following apply:

(a) Moving the motor vehicle may be done safely.

(b) The motor vehicle is capable of being normally and safely operated and can be operated under its own power in its customary manner without further damage or hazard to the traffic elements or to the roadway.

(2) The operator or any other person who removes a motor vehicle from the main traveled portion of the roadway as provided in this section before the arrival of a police officer is not prima facie at fault regarding the cause of the traffic accident solely by reason of moving the motor vehicle as provided in this section.

(3) The decision of the operator or any other person to remove or not to remove a motor vehicle from the main traveled portion of the roadway as provided in this section is not admissible in a civil action as evidence that a serious impairment of bodily function has or has not resulted from the accident.

(4) A person who violates this section is responsible for a civil infraction.

History: Add. 2010, Act 10, Imd. Eff. Mar. 8, 2010