One important law designed to protect everyone on the road, especially those working or stopped on the shoulder, is the Move Over Law. As truck accident lawyers, we’re very familiar with this legislation. This law requires drivers to either change lanes away from certain stopped vehicles or to slow down significantly when changing lanes isn’t possible. When the slowing down or lane-changing involves an 18 wheeler truck, the potential risk of serious accidents increases dramatically due to their size and limited maneuverability.
If you or a loved one has been involved in an accident with a truck where the Move Over Law may have been a factor, it’s important to understand your rights and the compensation you may be entitled to. Contact our team of experienced truck accident lawyers at Maida Law Firm today. We will meet with you for a free consultation to discuss your case.
What Exactly is the Move Over Law?
The Move Over Law (Section 545.157 of the Texas Transportation Code) is designed to safeguard law enforcement officers, emergency medical services personnel, firefighters, tow truck operators, TxDOT workers, and even utility service vehicles stopped along the side of the road with flashing blue, red, or amber lights.
If the stopped emergency or work vehicle is in the lane next to you, you are required to get out of that lane if possible. This means safely changing lanes to the left without impeding incoming traffic in that lane. If changing lanes safely is not possible due to the flow of traffic in the left lane, you must slow down so that your speed is at least 20 miles per hour below the posted speed limit. For example, if the speed limit is 65 mph, you must drive no faster than 45 mph while you pass the stopped vehicle. Note that if the posted speed limit is below 25 mph, you must reduce your speed to 5 mph.
The obligation to move over applies specifically to the lane closest to the stopped vehicle on multi-lane roadways. However, the requirement to slow down applies to all lanes, especially when changing lanes is not possible.
This law applies to all roadways in Texas, including highways, rural roads, and city streets. Failing to comply can result in significant fines and potentially other penalties. For a first offense alone, you can be fined between $500 and $1,250. For a second offense, your fine jumps from $1,000 to $2,000. And if you break this law and cause bodily harm to any person around the stopped vehicle, you can be charged with a Class A misdemeanor, punishable by a fine of up to $4,000 and possible jail time of up to one year.
Potential for 18 Wheeler Accidents
Here are some potential situations in which a truck driver’s actions or inactions could lead to an accident with another driver in relation to the Move Over Law. Whether by making an unsafe lane change or by not slowing down, a truck driver can significantly increase the risk of an accident with other motorists due to the large and unwieldy nature of their vehicle.
Truck Driver Changing Lanes Unsafely
Scenario 1: Limited Visibility: A truck driver, approaching a stopped emergency vehicle on the shoulder, attempts to move over to the left lane. However, due to the truck’s large blind spots, the driver fails to see a passenger vehicle already occupying that lane. The truck begins to merge, forcing the car into the shoulder or causing a collision.
Scenario 2: Insufficient Time/Space: A truck driver, realizing too late that they need to move over, makes a sudden and abrupt lane change. This doesn’t give drivers in the adjacent lane enough time to react, especially if traffic is heavy or moving at high speed. The truck cuts off a car, leading to a side-swipe accident or a rear-end collision if the car has to brake suddenly.
Truck Driver Not Slowing Down or Maintaining Lane
Scenario 3: Distraction: A truck driver, distracted by a phone, radio, or other factor, fails to notice a stopped emergency vehicle until the last moment. They don’t move over or slow down as required, and collide with a vehicle that has already slowed down or is attempting to move over, creating a chain reaction.
Scenario 4: Speeding: A truck driver is driving at an excessive speed, making it difficult to react and comply with the Move Over Law. Even if they attempt to change lanes, their high speed may make the maneuver unsafe. They may also be unable to slow down sufficiently, rear-ending a smaller vehicle that has slowed down.
Scenario 5: Following Too Closely: A truck driver is tailgating other vehicles. When approaching a stopped emergency vehicle, the truck driver has very little time and space to react. This increases the risk of a rear-end collision with the vehicle in front.
Strategic Case Management – Truck Accident Lawyer
When a truck accident occurs on a busy roadway, the situation can become complex quickly. Your truck accident lawyer will help protect your rights throughout the complexities by taking a strategic approach from the start.
First, they conduct a thorough investigation into the accident, gathering evidence like police reports, witness statements, and possibly truck driver logs or dashcam footage. Your lawyer can then work to establish negligence, demonstrating how the truck driver’s failure to move over or slow down directly caused the accident.
They handle all communication with insurance companies, who often try to minimize payouts, and negotiate for a fair settlement that covers all damages, including medical expenses, lost wages, and pain and suffering. If a settlement cannot be reached, your truck accident lawyer can then file a lawsuit and represent you in court to achieve the best possible outcome.
Experienced Team of Lawyers for Truck Accident Cases
If you’ve been hurt in a collision with a large truck, you need experienced legal representation on your side. Maida Law Firm specializes in handling complex truck and 18-wheeler accident cases. Our team understands the regulations and challenges involved in these types of accidents.
Contact us for a free, no-obligation consultation and let us help you pursue the justice and financial recovery you need to heal and rebuild your life.