Your first instinct after being involved in a car wreck may be that moving your car to the side or shoulder of the road may result in loss of evidence. Should the police officer assigned to investigate the scene not see how the car wreck has happened?
Unfortunately, your instincts are very wrong.
First, you should take as many pictures as you can from the scene. These pictures include taking pictures of your car, the other car, the condition of the road, the names of the road, and a picture of the other car’s occupants. Time and time again, we have seen stories change, or people not remember how things happened. Of course, all this needs to happen when your safety is guaranteed.
Move Your Car!
Second, you need to move your car to any of the following areas of the road if you can move it without a tow truck: the shoulder, side, emergency lane, or median or to a place otherwise removed from the roadway. Georgia law specifically allows you to do this. You can advise the other driver to comply with Official Code Georgia Annotated, O.C.G.A., § 40-6-275. Furthermore, you will not be liable or at fault just because you have moved your car to the shoulder of the road.
Additional Things to Keep in Mind!
Additionally, under O.C.G.A. § 40-6-270, you should take the following steps next:
(1) Give your name and address and the registration number of the vehicle you are driving;
(2) Upon request, provide your driver’s license to the person struck or the driver or occupant of or person attending any vehicle collided with;
(3) Call 911!
No matter what happens, YOU HAVE TO REMAIN AT THE SCENE OF THE CRASH until you have done all of the above. You have to do all you can to avoid obstructing traffic more than necessary.