In Pennsylvania, you are legally required to move your car after an accident if your vehicle is drivable, no one has been seriously injured, and the car is blocking an active travel lane. Under 75 Pa.C.S. § 3745, drivers must clear the roadway and pull to a safe location such as the shoulder or a median.
If anyone is seriously injured or killed, however, you must leave all vehicles in place until police arrive.
Whether or not you move your car, the steps you take in the minutes following a crash directly affect your safety, your legal obligations, and your ability to recover fair compensation.
When Should You Move Your Car in Pennsylvania?
Pennsylvania law prioritizes keeping traffic moving and preventing secondary collisions, crashes that happen when other drivers strike vehicles already stopped in the road. You should move your vehicle if all of the following apply:
- The car is drivable: No major structural damage, no fluid leaks, and tires are intact.
- No one is seriously injured: Everyone involved can move and speak normally.
- The car is blocking traffic: Your vehicle is sitting in an active travel lane.
- Moving is safe: You can reach the shoulder or a safe area without putting yourself or others at risk.
On high-speed roads like I-76, I-476, or Route 422, staying in a travel lane dramatically increases your risk of being struck by another driver. If you are on a highway or near a blind curve, move to the shoulder immediately after turning on your hazard lights.
When Should You Not Move Your Car?
Safety is always the first priority, and there are specific situations where moving your vehicle can make things significantly worse.
Serious Injury or Fatality
If anyone involved in the crash is seriously hurt or has died, leave every vehicle in place. Moving the car can worsen spinal or internal injuries and can destroy physical evidence that police need to investigate the scene.
Fire, Fuel Leak, or Severe Damage
If you smell gasoline, see smoke, notice visible fluid leaks, or the car is structurally compromised, do not attempt to start or move the vehicle. In this situation, you should evacuate yourself and your passengers and move to a safe distance.
Trapped Occupants or Hazardous Materials
If a passenger is trapped, a power line has fallen on the vehicle, or the other vehicle is a commercial truck carrying hazardous materials, call 911 immediately and wait for trained emergency responders. Do not attempt to move the vehicles yourself.
How Do You Preserve Evidence If You Move Your Car?
Even when the law requires you to move your vehicle, the evidence you collect in those first few minutes can make or break your personal injury claim. Here is what to do before and after you pull over.
Photograph the Scene Before You Move
If it is safe to do so, take photos before moving anything. Capture the following:
- The position of each vehicle in the road
- License plates of all vehicles involved
- Damage to each vehicle from multiple angles
- Road conditions, traffic signals, skid marks, and debris
- Any visible injuries
Save Your Dashcam Footage
If your vehicle has a dashcam, save and back up the footage immediately. Many dashcams automatically overwrite old footage, so acting fast is critical.
Collect Information at the Scene
Once you have moved to a safe location, gather the following from everyone involved:
- Other driver’s details: Name, driver’s license number, insurance information, and vehicle registration.
- Witness contacts: Names and phone numbers of anyone who saw the crash.
- Officer details: The responding officer’s name and badge number.
- Insurance proof: A clear photo of the other driver’s insurance card.
Do You Have to Call the Police or File a Report in Pennsylvania?
Under Pennsylvania law (75 Pa.C.S. § 3746), you are required to notify police if the crash caused an injury, a death, or vehicle damage severe enough to require towing. Failing to report when required can result in legal penalties and can seriously harm your insurance claim.
You must call 911 immediately if the accident involves any of the following:
- An injury or fatality
- A suspected drunk or impaired driver
- A hit-and-run
- A vehicle that needs to be towed
- A dispute between drivers at the scene
What to Do If Police Do Not Respond
If police do not come to the scene, you have five days to submit a Driver’s Accident Report (PennDOT Form AA-600) directly to the Pennsylvania Department of Transportation. This is especially important in Philadelphia, where officers typically do not respond to minor, non-injury crashes. Without a police report, your own documentation, photos, witness statements, and this form, becomes your primary evidence.
Does Moving Your Car Affect Fault or Your Insurance Claim?
Many drivers hesitate to move their car because they worry it looks like an admission of guilt. It does not. Pennsylvania law requires you to clear the roadway when it is safe to do so, and complying with that law cannot be used against you by an insurance company.
That said, what you say at the scene absolutely can affect your claim. Do not apologize, admit fault, or speculate about what happened, even casually. Insurance adjusters are trained to use your own words against you, and a simple “I’m sorry” can be interpreted as an admission of liability.
Pennsylvania’s No-Fault Insurance System
Pennsylvania is a “no-fault” state, which means your own Personal Injury Protection (PIP) coverage pays your initial medical bills after a crash regardless of who caused it. This is different from fault-based states where you must first prove the other driver was responsible before receiving any compensation.
Drivers in Pennsylvania also choose between two types of coverage:
- Limited tort: Lower premiums, but your ability to sue for pain and suffering is restricted unless your injuries meet a “serious injury” threshold.
- Full tort: Higher premiums, but you retain the right to sue for all damages, including pain and suffering, regardless of injury severity.
If you are unsure which coverage you have or whether your injuries qualify for a full tort claim, we can review your policy and explain your options.
What Should You Do After a Car Accident in Pennsylvania?
The steps you take immediately after a crash directly affect your safety and your ability to recover fair compensation. Here is a clear breakdown of what to do and what to avoid:
| Do | Don’t |
| Move to safety if the car is drivable and no one is seriously injured | Admit fault or apologize at the scene |
| Call 911 for injuries, severe damage, or disputes | Refuse medical evaluation from first responders |
| Photograph the scene before moving, if safe | Give a recorded statement to the other driver’s insurer |
| Exchange information calmly | Sign anything from an insurance adjuster without legal review |
| Seek medical care within 24 hours | Post about the crash or your injuries on social media |
One of the most important steps many drivers overlook is seeking medical care promptly. Adrenaline masks pain, and injuries like whiplash, concussions, soft tissue damage, and internal bleeding often do not appear until hours or days after the crash. Delaying treatment not only risks your health, it gives insurance companies grounds to argue your injuries were not caused by the accident.
When you notify your own insurer, report the crash promptly but stick to factual basics. Do not speculate about fault, and do not give a recorded statement to the other driver’s insurance company without speaking to an attorney first.
What if the Other Driver Leaves the Scene?
Leaving the scene of an accident is a criminal offense under Pennsylvania law (75 Pa.C.S. § 3744), and the driver who fled can face serious criminal penalties. Do not chase them.
Instead, write down or photograph their license plate, note the vehicle’s make, model, color, and direction of travel, and call 911 immediately. Even if the driver is never identified, your own uninsured motorist coverage may allow you to recover compensation for your injuries and vehicle damage.
Injured in a Pennsylvania Car Accident? Contact Wilk Law Today
At Wilk Law Personal Injury & Car Accident Lawyers, we handle only personal injury cases, so when you work with us, you get attorneys who are entirely focused on protecting injured people, not corporate clients. Led by attorney Tyler Wilk, our firm has secured millions of dollars in compensation for accident victims across West Chester, Reading, Coatesville, Pottstown, and the surrounding areas.
We know that insurance companies move fast after a crash, and they are not on your side. We step in immediately to handle all communication with adjusters, gather evidence, and build the strongest possible case for you. You pay nothing unless we win.
If you have been hurt in a car accident and are not sure where to turn, contact us today for a free consultation. We are here to fight for every dollar you deserve.
Frequently Asked Questions
Is It Illegal to Move Your Car After an Accident in Pennsylvania?
It is not illegal, it is actually required by Pennsylvania law if your car is drivable and no one is seriously injured. Moving the car only becomes prohibited when the crash has resulted in a serious injury or fatality.
What Should You Do If Your Car Cannot Be Moved After a Crash?
If your vehicle is too damaged to drive, leave it in place, turn on your hazard lights, and call 911 to request police assistance and a tow truck. Stay a safe distance away from the vehicle while you wait.
What Should You Do After a Hit-and-Run Accident in Pennsylvania?
Do not chase the other driver. Note their license plate, vehicle description, and direction of travel, then call 911 immediately. Your uninsured motorist coverage may allow you to recover compensation even if the driver is never found.
Can Moving Your Car Hurt Your Personal Injury Claim in Pennsylvania?
Moving your car when required by law will not hurt your claim. However, failing to photograph the scene before moving can weaken your case, so take photos of vehicle positions, damage, and road conditions before pulling over.
What Happens If You Do Not Report a Car Accident in Pennsylvania?
If the crash involved an injury, death, or damage requiring a tow and you fail to report it, you may face legal penalties and risk losing your ability to recover compensation through insurance.
