Georgia’s “Move Over Law” aims to protect emergency responders, tow trucks, and highway maintenance workers from collisions. When drivers see emergency vehicles, tow trucks, or maintenance vehicles with flashing lights, they must move over one lane or slow down below the speed limit.
First responders or others hit by passing cars may be eligible to seek compensation by filing a personal injury claim against a driver who didn’t follow the Move Over Law. These cases can be challenging to prove. So, it can be vital to understand the Move Over Law’s provisions if you have suffered injuries in one of these types of accidents.
To learn more, contact us today at Sherrod & Bernard, P.C. We offer over 30 years of experience handling car accident claims in Douglasville and throughout Georgia. We can review your case in a free consultation and determine whether the Move Over Law applies.
Why Did Georgia Institute the Move Over Law?
Emergency personnel — such as police officers, firefighters, paramedics, tow-truck drivers, road maintenance crews, and utility linemen — regularly put their lives on the line to help people involved in crashes or other roadside emergencies. They often stand only a few feet from speeding cars and trucks, which makes their jobs extremely risky.
Sadly, accidents involving roadside workers have become increasingly common in Georgia and across the country. Many emergency responders and maintenance workers have suffered severe injuries or died when drivers didn’t move over or slow down near vehicles with flashing lights.
Georgia officials enacted the Move Over Law, or Ga. Code § 40-6-16, to address these safety concerns and reduce accidents among emergency personnel. By requiring drivers to create more space for workers on the side of the road and issuing penalties for those who ignore the law, the state aims to reduce crashes and save lives.
The other name for the Georgia Move Over Law is the “Spencer Pass Law.” The act is named in honor of Spencer Pass, a Highway Emergency Response Operator (HERO) who died while assisting a stranded driver.
On Jan. 31, 2011, Pass was working on Interstate 85 near Metropolitan Parkway in Atlanta when a utility truck towing a flatbed trailer struck and killed him. Pass’s death highlighted the grave dangers that emergency responders and highway workers face every day while performing their duties near busy traffic.
Pass was the first HERO worker in Georgia to lose his life in the line of duty. His death inspired Georgia lawmakers to take action to protect roadside workers. The Georgia DOT Employee Association pushed for legislation to increase roadside safety, and the state legislature responded by passing the Move Over Law.
What Types of Vehicles Are You Required to Move Over For?
Georgia’s Move Over Law requires drivers to move over or slow down when approaching certain vehicles stopped along the roadside. Specifically, drivers must act when they see emergency vehicles such as police cars, ambulances, and fire trucks with flashing yellow, amber, white, red, or blue lights. The law also applies when drivers see tow trucks and highway maintenance vehicles showing flashing yellow, amber, or red lights.
When you approach one of these vehicles stopped on or near the road, the law says you must change lanes away from the vehicle if it’s safe and possible to do so. If traffic or road conditions prevent you from moving over safely (for example, if the weather is poor or other drivers won’t let you change lanes), you must slow down below the posted speed limit and be ready to stop if necessary.
What Should I Do If I Cannot Move Over?
By law, you must slow your vehicle when you draw near emergency vehicles with flashing lights if you can’t change lanes. The Move Over Law says you must slow down to a “reasonable and proper speed” below the speed limit. The law doesn’t define “reasonable and proper speed,” but 10-20 mph below the speed limit is a good rule of thumb.
You should drive slowly enough to be prepared to stop quickly if you’re approaching a stopped emergency vehicle and can’t change lanes. An emergency worker might stumble into the lane or misjudge the distance between themself and passing traffic, and you might only have a moment to avoid hitting them.
Can I Be Ticketed for Not Moving Over?
The police can ticket you for not following Georgia’s Move Over Law. They might catch you as you pass by a stopped emergency vehicle or issue a ticket after an accident if they have evidence that you didn’t follow the law.
What Are the Fines for Violating Georgia’s Move Over Law?
The maximum fine for violating Georgia’s Move Over Law is $500. You could also receive points on your license, leading to a suspension or revocation (depending on your driving history). An injured worker or their surviving family might also be entitled to file a lawsuit against you because you didn’t follow the law and caused a collision that harmed someone.
Can a Move Over Ticket Affect My Insurance Rates?
Almost any traffic infraction will lead an insurance company to increase your premiums. While some insurers are more lenient than others, your premiums will likely go up if you receive a ticket for violating the Move Over Law.
Contact a Georgia Car Accident Lawyer
Sherrod & Bernard, P.C., can represent you in a car accident claim if you suffered injuries because a driver didn’t follow the Move Over Law and caused an accident. Our law firm can review crash reports, eyewitness accounts, surveillance footage, photos, or debris from the scene, and other evidence to show how the driver who hit you broke the law.
We’ll also help by documenting and assessing the value of your injuries and other losses. Car accidents often cause lifelong injuries, and our car accident attorneys can use your medical records and other evidence to show the crash’s effects on your life.
Once we finish our accident investigation, we’ll submit a demand letter to the driver who hit you and their insurance company. Our lawyers can push back against any attempts to reduce your compensation while we file a car accident lawsuit and prepare for a possible trial. If a trial occurs, we will know how to present compelling arguments to a judge or jury.
Our Douglasville car accident lawyers have over 85 years of combined legal experience. We’re here to simplify your life and help you seek justice. Call Sherrod & Bernard, P.C., now or complete our contact form for a free, no-obligation consultation.
