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Emergency Law Inventory | Full Law Text

Law Number

Burns Ind. Code Ann. 9-26-1-1.5

Summary Title

Good Samaritan Law: Duty to Act

Summary

The passenger of a car that comes upon a person who appears to be injured or entrapped following a motor vehicle accident must provide assistance to that person, if they know that the driver of their car is physically incapable of doing so. An individual who intentionally fails to comply with this will be charged with a petty crime. The passenger must be at least 15 years old and hold either a learner’s permit or a drivers license; or, if they are at least 18 years old, they must be capable of determining that the driver of their car is physically incapable of providing assistance.

Full Title

Rendering assistance to injured or entrapped person required — Defense to prosecution

Full Text

(a) If: (1) the operator of a motor vehicle is physically incapable of determining the need for or rendering assistance to any injured or entrapped person as required under section 1.1(a)(3) [IC 9-26-1-1.1(a)(3)] of this chapter; (2) there is another occupant in the motor vehicle at the time of the accident who is: (A) at least: (i) fifteen (15) years of age and holds a learner’s permit issued under IC 9-24-7-1 or a driver’s license issued under IC 9-24-11; or (ii) eighteen (18) years of age; and (B) capable of determining the need for and rendering reasonable assistance to injured or entrapped persons as provided in section 1.1(a)(3) of this chapter; and (3) the other occupant in the motor vehicle knows that the operator of the motor vehicle is physically incapable of determining the need for or rendering assistance to any injured or entrapped person; the motor vehicle occupant referred to in subdivisions (2) and (3) shall immediately determine the need for and render reasonable assistance to each person injured or entrapped in the accident as provided in section 1.1(a)(3) of this chapter. (b) If there is more than one (1) motor vehicle occupant to whom subsection (a) applies, it is a defense to a prosecution of one (1) motor vehicle occupant under subsection (a) that the defendant reasonably believed that another occupant of the motor vehicle determined the need for and rendered reasonable assistance as required under subsection (a). (c) A person who knowingly or intentionally violates this section commits a Class C misdemeanor.

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