According to the American Automobile Association (AAA), “an average of 24 emergency responders, including tow operators, are struck and killed by vehicles while working at the roadside each year.” Further, according to data from the National Highway Traffic Safety Administration (NHTSA), 263 people were killed in Texas between 2015-2019 while standing outside of a broken down vehicle — the highest rate in the nation.
Apparently, nearly one-quarter of drivers are not aware of “Move Over or Slow Down” laws in their states. That said, Texas does have a longstanding Move Over/Slow Down law on the books meant to decrease the risk of accidents when vehicles are pulled over on the side of the road. Read on to learn more about the Move Over/Slow Down law in Texas.
If you suffered injuries in an accident involving a vehicle pulled over on the roadside, you should have your case reviewed by a personal injury attorney as soon as possible. The Wilhite Law Firm is here to evaluate and handle your case. Call today for a free consultation.
What Is a “Move Over or Slow Down” Law?
As the name suggests, a Move Over/Slow Down law is a rule of the road requiring all drivers to either navigate away from vehicles pulled over on the side of the road or reduce their speed. These laws are typically meant to protect emergency responders and other workers who pull over on the side of the road to perform public services.
According to the NHTSA, the first law of this kind originated in South Carolina in 1996. The law was passed in response to the death of a paramedic who was killed by a passing vehicle while responding to a crash. Since then, all fifty states have adopted a Move Over/Slow Down law of their own. In 2012, Hawaii became the last state to do so. Texas passed its version in 2003.
What Does the Texas Move Over or Slow Down Law Require?
The Texas Move Over/Slow Down law can be found in Section 545.157 of the Texas Transportation Code. The law is worded very specifically to protect the following vehicles when they display hazard lights or otherwise try to alert oncoming vehicles:
- Stationary emergency vehicles
- Stationary tow trucks
- Highway maintenance and construction vehicles
- Utility service vehicles
- Municipal waste collection vehicles
- Tollway project vehicles
Upon approaching any of these vehicles, all drivers must:
- Vacate the lane closest to the protected vehicle when driving on a highway with two or more lanes traveling in its direction;
- Slow down to 20 miles per hour less than the speed limit when the posted speed limit is 25 miles per hour or more; or
- Slow down to 5 miles per hour when the posted speed limit is less than 25 miles per hour.
An exception exists when a police officer instructs drivers to take a different course of action. Otherwise, if you see a vehicle on the side of the road with flashing lights or signals, you should move one lane over or slow down.
Penalties for Violation of the Move Over or Slow Down Law
In Texas, violating the Move Over/Slow Down law is classified as a misdemeanor. As a baseline, a simple violation is punishable by a fine of at least $1 and not more than $200. However, if the violation results in property damage, you can be fined up to $500. Further, if a violation results in bodily injury, it is raised to a Class B misdemeanor, which can result in up to $2,000 in fines and 180 days in jail.
How Does a Violation Affect a Car Accident Claim?
Almost all personal injury cases rely on a negligence theory to recover compensation. This means that to recover compensation from a defendant, the plaintiff must prove that their injuries resulted from the defendant’s failure to use “reasonable care” to avoid harming others. In other words, they must provide evidence showing that the defendant caused the accident through their carelessness.
However, Texas law also uses the concept of negligence per se when evaluating fault in an accident. According to this theory, when a violation of a statute or regulation meant to keep people safe results in an injury, the violation serves as automatic evidence of the at-fault party’s negligence.
Why does this matter? Because Texas law weighs the “comparative fault” of all individuals involved in an accident when calculating compensation. Specifically, a plaintiff may not recover compensation for injuries sustained in an accident if they are found to have contributed more than 50 percent to the cause of the accident.
These concepts are best understood by way of example. Consider the following illustration:
Imagine you are traveling down a busy interstate in the far-right lane. You see an ambulance pulled over on the side of the road. You do not move over to the next lane, nor do you slow down. As you approach the ambulance, the driver opens their door without checking for oncoming traffic. Miraculously, they are not injured when you crash into the open door. However, your airbag deploys, leaving you with severe injuries valued at $100,000.
Arguably, the ambulance driver was negligent when they failed to check for oncoming traffic before swinging their door open. However, you were also negligent per se when you violated the Move Over/Slow Down law by approaching the ambulance at full speed without moving over to a safer lane. If a jury finds that your negligence contributed only 30 percent to the accident, your compensation for your injuries will be reduced proportionately to $70,000. However, if it finds that you were more than 50 percent at fault, you recover nothing.
If you were involved in an accident for which you may have been partially at fault, it is very important to have an experienced attorney in your corner. In most cases, reducing each driver’s culpability to a percentage is not as easy as it may sound. The Wilhite Law Firm is ready to fight for you.
Contact a Texas Car Accident Attorney Today
Texas has a strict Move Over/Slow Down law meant to keep emergency responders and other personnel safe. If you were injured in an accident involving a vehicle pulled over on the roadside, you should have your case evaluated by a lawyer. You may be entitled to compensation.
The personal injury attorneys at The Wilhite Law Firm are ready to review your case, explain your rights, and help you along the path toward maximum compensation. Contact us today for a free consultation. You pay nothing unless we win your case.
