Sec 28-674. Traffic accidents; quick clearance

A. Notwithstanding any other provision of this article, motor vehicles involved in traffic accidents and drivers of motor vehicles involved in traffic accidents are subject to this section.

B. This section applies to motor vehicle traffic accidents that occur on controlled access highways and any other highways that are divided into two or more lanes clearly marked for traffic in this state.

C. If a motor vehicle traffic accident occurs and serious physical injury as defined in section 13-105 or death is not apparent, the drivers of the motor vehicles involved in the accident, or any other occupant of the motor vehicles involved in the accident who possesses a valid driver license, shall remove the motor vehicles 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:

1. The moving of the motor vehicle can be done safely.

2. The motor vehicle is capable of being normally and safely driven, does not require towing and can be operated under its own power in its customary manner without further damage or hazard to the motor vehicle, to traffic elements or to the roadway.

D. The driver of a motor vehicle involved in a traffic accident may request any person who possesses a valid driver license to remove the motor vehicle as provided in this section, and the person requested to remove the motor vehicle may comply with the request.

E. The driver 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 liable or at fault regarding the cause of the traffic accident solely by reason of moving the motor vehicle pursuant to this section.

F. This section does not abrogate or affect a driver's duty to do either of the following:

1. File any written report required by a local law enforcement agency, except that compliance with this section does not allow a driver to be prosecuted for the driver's failure to stop and immediately report a traffic accident.

2. Stop and give information pursuant to this article.

G. This section does not relieve a police officer of the duty to submit a written accident report pursuant to this article.

H. In the exercise of the management, control and maintenance of state highways, the department may require and assist in the removal of the following from the main traveled portion of the roadways in the state highway system:

1. All vehicles that are incapacitated for any cause other than having been involved in a motor vehicle traffic accident.

2. All vehicles incapacitated as a result of being involved in a motor vehicle traffic accident and debris caused by a motor vehicle traffic accident if both of the following apply:

(a) Serious physical injury as defined in section 13-105 or death is not apparent.

(b) The move can be accomplished safely by the drivers of the motor vehicles involved or with the assistance of a towing or recovery vehicle and the move will result in the improved safety or convenience of travel on the highway.

I. The department shall not require or assist in the removal of a motor vehicle that is incapacitated as a result of being involved in a motor vehicle traffic accident if serious physical injury as defined in section 13-105 or death is apparent until a police officer has made the necessary measurements and diagrams required for the initial accident investigation.