Ind. Code ch. 9-26-2

Ind. Code ch. 9-26-2
in effect

Ind. Code § 9-26-2-1 Investigation of accidents resulting in injury, death, or property damage of at least $2,500; ensuring operator compliance

Sec. 1. (a) A law enforcement officer shall investigate each motor vehicle accident that results in any of the following: (1) The injury or death of a person. (2) Total property damage to an apparent extent of at least two thousand five hundred dollars ($2,500). (b) A law enforcement officer present at the scene of an accident shall ensure that each operator is in compliance with the requirements of IC 9-26-1-1.1, regardless of the apparent extent of the total property damage. [Pre-1991 Recodification Citation: 9-4-1-46(c) part.] As added by P.L.2-1991, SEC.14. Amended by P.L.157-2003, SEC.4; P.L.88-2022, SEC.2; P.L.31-2024, SEC.1.

Ind. Code § 9-26-2-2 Accident reports

Sec. 2. (a) A law enforcement officer shall forward a written report of each accident investigated under section 1 of this chapter to the state police department within twenty-four (24) hours after completing the investigation. The report must contain, if possible, the following information: (1) The name and address of the owner and operator of each vehicle involved in the accident. (2) The license number and description of each vehicle involved in the accident. (3) The time and place the accident occurred. (4) The name and address of each person injured or killed in the accident. (5) The name and address of each witness to the accident. (6) Whether the law enforcement officer has a reasonable belief that a driver's medical impairment may have contributed to the accident. (b) A law enforcement officer and a law enforcement agency are not civilly or criminally liable for any damages related to whether a law enforcement officer identifies or fails to identify whether a driver's medical impairment may have contributed to an accident under subsection (a)(6). [Pre-1991 Recodification Citations: 9-3-1-2; 9-3-1-3 part.] As added by P.L.2-1991, SEC.14. Amended by P.L.227-2025, SEC.38.

Ind. Code § 9-26-2-3 Accident report not confidential record

Sec. 3. A report filed by a law enforcement officer under section 2 of this chapter is not a confidential record and shall be made available for inspection and copying under IC 5-14-3. [Pre-1991 Recodification Citations: 9-3-1-3 part; 9-4-1-46(e).] As added by P.L.2-1991, SEC.14.

Ind. Code § 9-26-2-4 Enforcement of traffic regulations and financial responsibility provisions against parties to accidents on private property; ensuring operator compliance

Sec. 4. (a) A law enforcement officer shall enforce IC 9-21 and IC 9-25 against the parties to a motor vehicle accident on private property if the accident: (1) occurs on commercial or other private property that is open to the public; and (2) results in: (A) personal injury or death; or (B) property damage to an apparent extent greater than two thousand five hundred dollars ($2,500). (b) A law enforcement officer present at the scene of an accident shall ensure that each operator is in compliance with the requirements of IC 9-26-1-1.1, regardless of the apparent extent of the total property damage. (c) This section does not affect the power of a local government unit to contract with the owner or lessee of a shopping center or private business property under IC 9-21-18-4. [Pre-1991 Recodification Citation: 9-4-14-2.] As added by P.L.2-1991, SEC.14. Amended by P.L.157-2003, SEC.5; P.L.88-2022, SEC.3; P.L.31-2024, SEC.2.

Ind. Code § 9-26-2-5 "Emergency contact data base"; "emergency contact person"; "qualifying motor vehicle accident"; duties of law enforcement officers; immunity

Sec. 5. (a) As used in this section, "emergency contact data base" means the Indiana emergency contact data base described in IC 9-26-10-1. (b) As used in this section, "emergency contact person" means an individual who is listed in the emergency contact data base, including only individuals who are at least eighteen (18) years of age. (c) As used in this section, "qualifying motor vehicle accident" means a motor vehicle accident involving: (1) death; or (2) serious bodily injury. (d) As used in this section, "serious bodily injury" has the meaning set forth in IC 35-31.5-2-292. (e) A law enforcement officer, upon arriving at the scene of a qualifying motor vehicle accident, shall access the emergency contact data base and attempt to contact the emergency contact persons listed for a corresponding holder of a physical credential unable to communicate due to death or serious bodily injury. If contact with an emergency contact person is made, the law enforcement officer shall inform the emergency contact person that the holder of a physical credential has been involved in a qualifying motor vehicle accident. (f) A law enforcement officer shall attempt to contact the emergency contact persons of the holder of a physical credential within a reasonable amount of time after learning of or responding to a qualifying motor vehicle accident. (g) A law enforcement officer's good faith attempt to contact the emergency contact persons of the holder of a physical credential as described in subsection (f) immunizes the law enforcement officer from civil liability and all associated damages, including punitive damages, related to the law enforcement officer's inability to make: (1) any contact with the emergency contact persons of the holder of a physical credential; or (2) contact with the emergency contact persons of the holder of a physical credential within a reasonable amount of time after arriving at the scene of a qualifying motor vehicle accident. (h) If a law enforcement officer is not liable for an act or omission under this section, no other person incurs liability by reason of an agency relationship with the law enforcement officer. (i) A law enforcement officer may not be: (1) found liable; or (2) subject to damages; for any inaccuracy or omission related to the information contained in the emergency contact data base. (j) The duty imposed on a law enforcement officer by this section shall be performed in addition to any other duty required by this chapter. (k) A law enforcement agency may establish and implement protocols necessary to meet the law enforcement agency's obligations under this section. (l) A law enforcement agency is exempt from this chapter before the creation of the emergency contact data base by the bureau. As added by P.L.131-2017, SEC.1. Amended by P.L.178-2019, SEC.58; P.L.211-2023, SEC.68.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/9Fetched: 10/17/2026

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