KRS § 189.580 — KY Code / Title XVI / Chapter 189 / Section 189.580
189.580 Duty in case of accident -- Movement of vehicle from roadway after accident -- Removal of vehicles obstructing roadway -- Exemptions -- Costs of removal recoverable
Status: in_force

189.580 Duty in case of accident -- Movement of vehicle from roadway after

accident -- Removal of vehicles obstructing roadway -- Exemptions -- Costs of

removal recoverable.

(1) (a) The operator of any vehicle, whose vehicle, vehicle load, or vehicle

equipment which is involved in an accident resulting in injury to or death of

any person or resulting only in damage to a vehicle or other property which is

driven or attended by any person, shall immediately stop and ascertain the

extent of the injury or damage and render reasonable assistance, including the

carrying, or making of arrangements for the carrying, of such person to a

physician, surgeon, or hospital for medical or surgical treatment if it is

apparent that such treatment is necessary, or if such carrying is requested by

the injured person. The operator or person having or assuming authority of the

operator, or ownership of the vehicle, shall give the occupant of the vehicle, or

person struck, if requested, the registration number of the vehicle, if any, and

also the names and addresses of the owner, the occupants, and operator. The

total names need not exceed five (5) in number.

(b) If an accident that occurs on an interstate highway or parkway or any on-ramp

or off-ramp thereto does not involve death, known or visible injury, or the

transportation of hazardous material, the operator shall move the vehicle off

the roadway to a place as close to the accident scene as practicable without

obstructing traffic as soon as the vehicle can be moved without the risk of

further injury or damage. The operator or person having or assuming authority

of the operator, or ownership of the vehicle, shall give any other person

involved in the accident, if requested, the registration number of the vehicle, if

any, and also the names and addresses of the owner, the occupants, and the

operator of his or her vehicle, and insurance information for the vehicle.

(2) The operator of any vehicle which collides with or is involved in an accident with

any vehicle or other property which is unattended resulting in any damage to such

other vehicle or property shall immediately stop as close to the accident scene as

possible without obstructing traffic and shall then and there either locate and notify

the operator or owner of such vehicle or other property of his or her name, address,

and the registration number of the vehicle he or she is driving or shall attach

securely in a conspicuous place in or on such vehicle or other property a written

notice giving his or her name, address, and the registration number of the vehicle he

or she is driving, or shall file a report with the local police department.

(3) If the operator of a vehicle is unable to move a vehicle off the roadway under the

provisions of subsections (1) and (2) of this section, the operator or owner may

permit any person who possesses a valid operator's license or proper class of

commercial driver's license to move the vehicle as provided in this section.

(4) Except as provided for in subsection (5) of this section, a peace officer or safety

officer may remove or cause to be removed from the roadway of an interstate

highway or parkway or any on-ramp or off-ramp thereto, without consent of the

owner or operator, any vehicle, cargo, or other property which is obstructing the

roadway, creating or aggravating an emergency situation, or otherwise endangering

public safety. Any vehicle, cargo, or other property obstructing the roadway of an

interstate highway or parkway shall be removed by the most expeditious means

available to clear the obstruction, giving due regard to the protection of the property

removed.

(5) (a) In accidents that involve fatalities or known or visible injuries, the removal

provisions of subsection (4) of this section shall apply only after all medical

assistance, fire supervision, and site investigation have been completed.

(b) The removal provisions of subsection (4) of this section shall not apply if an

accident involves, or is believed to involve, a release of hazardous materials.

(6) (a) The operator of a vehicle involved in an accident on a highway in this state

which results in a fatality or a known or visible injury to a person or damage

to a vehicle which renders the vehicle inoperable shall immediately notify a

public safety answering point, law enforcement agency, or law enforcement

officer having jurisdiction, if the operator is physically capable of doing so

and has in his or her possession a functioning communications device with

which to do so.

(b) In the event an operator fails to notify or is incapable of notifying a public

safety answering point, law enforcement agency, or law enforcement officer

having jurisdiction, the responsibility for reporting the accident within a

reasonable amount of time shall rest with the owner of the vehicle or any

occupant of the vehicle at the time of the accident, if the owner or occupant is

physically capable of doing so, has in his or her possession a functioning

communications device with which to do so, and, in the case of the owner,

knows of the motor vehicle accident. A law enforcement officer having

jurisdiction shall investigate the accident and file a written report of the

accident with the officer's agency.

(7) The operator of a vehicle involved in an accident on a highway in this state resulting

in injury to or death of any person or in which total property damage of five

hundred dollars ($500) or more is sustained, and in which an investigation is not

conducted by a law enforcement officer, shall file a written report of the accident

with the Department of Kentucky State Police within ten (10) days of the

occurrence of the accident upon forms provided by the department.

(8) Any agency, including the Commonwealth, that removes property from the roadway

may intervene in any civil action arising from the accident to recover any costs

expended. An owner of real property shall not be liable for the costs of removal

under this section of trees, fences, structures, or other debris which fall into the

roadway as a result of fire, severe weather, or other casualty.