Picture this. You’re driving down the highway, listening to music, when you catch a glimpse of a car parked on the shoulder with its hazards on. There is a person outside the vehicle on the phone, pacing back and forth. You barely give it a thought, and the image becomes a blur as you continue to your destination without incident.
Not so fast. Things could have changed in a split second. Did you move over a lane when you noticed the vehicle? If not, you could have been issued a ticket. Or worse.
Every year, emergency responders, utility workers, or other pedestrians get hit or killed on the side of the road because someone didn’t move over or slow down. It is a mistake that can ruin lives.
Nevada has taken steps to change that. Enter the Move Over Law. This law is about keeping everyone safe, but what happens when someone ignores this law, and you’re the one left hurt on the side of the road?
In this blog, our Las Vegas accident attorneys have broken down what you need to know—and what to do if you find yourself injured because another driver failed to move over.
(evening_tao/Freepik)
What is the Move Over Law?
Nevada’s Move Over law states that if it is safe to do so, you must move over by one lane when you see a stopped vehicle or debris on the side of the road. This law, enacted in 2003 to safeguard emergency workers, has expanded to include any person, vehicle, or object that could impact the flow of traffic or is a hazard to the safety of any person on the road.
What if traffic or road conditions make it impossible to move over? Slow down. Use caution. Be prepared to stop. This isn’t just advice, it’s the law.
What if I Don’t Move Over?
Penalties for violating this law can be severe. Fines can start at nearly $400 for a first offender and skyrocket to nearly $800. That’s not all. You might add points to your license and incur higher insurance rates. If someone is seriously injured or killed, punishment can result in jail time and a felony charge.
Who is Protected Under the Move Over Law?
The Move Over Law is designed to protect anyone who is on or near the side of the road due to an emergency or work situation. In Nevada, that includes:
- Emergency responders (police, firefighters, paramedics)
- Tow truck operators
- Roadside assistance workers
- Road construction and maintenance crews
- Utility workers
- Any driver or passenger attending to a disabled vehicle or involved in an accident
- Anyone tending to debris or other hazards on the roadside
Basically, the law doesn’t just cover official vehicles with flashing lights anymore; it’s meant to safeguard anyone who has a legitimate reason to be on the shoulder or near the roadway.
What if I Am Injured Because Someone Didn’t Move Over?
Let’s say you are on the side of the road attending to a stalled vehicle, working as part of a road crew, or retrieving debris that has fallen off your vehicle. A car speeds by, completely ignoring the Move Over Law. They do not change lanes or slow down. They hit the side of your car, pushing your car into you and causing serious injuries.
The law is on your side, and you may be entitled to compensation.
What Next?
Take these steps to protect your health and legal rights.
- Get medical help. If you are able to call 9-1-1, do so immediately. Make sure to attend all follow-up appointments with your doctor and keep records and receipts.
- Document everything. Get pictures of the accident scene. If you’re unable to take pictures due to your injuries, have someone else take them for you. Capture pictures of the overall accident scene from different angles, the other driver’s license plate and insurance card, vehicle damages, and your injuries.
- Get witness information. If there are eyewitnesses, get their contact information.
- Limit information to insurance companies—yours or the offending driver’s. Remember, insurance companies want to pay out as little as possible. Stick to simple facts, such as time, location, and injuries. Don’t speculate or admit any kind of fault, even if they pressure you to do so.
- Contact a personal injury lawyer. A lawyer who understands Nevada traffic law can help you understand your rights, gather evidence, and fight for the compensation you deserve. They can engage with the insurance company and defend you against any tactics they may use to reduce your payout.
Why Legal Help Matters
The law is complicated, and navigating it alongside an insurance claim is tough, especially when you’re hurt. A good personal injury lawyer will deal with the paperwork, the calls, and the negotiations so you can focus on recovery. They’ll know the ins and outs of Nevada’s Move Over Law and how to build the strongest possible case. They’ll help you know when to settle, hold out for more, or advance your case to trial.
Bottom Line
The Move Over Law is about protecting the people whose jobs or bad luck put them on the side of the road. If you’re ever the one who is hurt because someone else couldn’t be bothered to change lanes or slow down, you can do something about it. Call for help, document everything, and talk to a lawyer who can protect your rights. You shouldn’t have to pay for someone else’s careless mistake.
To know if you have a viable legal case involving the Move Over Law, contact our accident injury attorneys serving Henderson, Summerlin, Las Vegas, and North Las Vegas.