Move Over Laws are designed to protect first responders on the side of the road. Every state has some form of Move Over Law, and Texas is no exception. These laws compel drivers to pull over and/or slow down to create space for ambulances, law enforcement officers, fire trucks, and other first responders.
Despite these laws, enforcement and a lack of driver education remain a problem. According to Pro-Care Medical Centers, someone is injured in an auto accident in Texas every two minutes and six seconds, and too many of these involve emergency vehicles. If you’ve been injured in a crash involving an emergency vehicle in Austin, an Austin car accident lawyer can help you pursue the compensation you deserve.
In today’s guide, we’ll cover the current Move Over or Slow Down Laws in the Lone Star State and what they mean for drivers.
Key Takeaways
Texas’s Move Over or Slow Down Laws are designed to protect roadside workers from auto accidents when stalled at the roadside.
Drivers are compelled to vacate the lane immediately adjacent to these vehicles on a two lane road or two lanes if the highway can accommodate it.
You must also slow down to 20 mph below the legal speed limit or five mph if the limit is 25 mph or less until you reach a safe distance from the emergency vehicle.
The Move Over Law applies to all manner of roadside workers, including law enforcement personnel, first responders, and Texas Department of Transportation workers.
Penalties for violations start at $1,250 for first-time offenders and can rise to $4,000 plus mandatory jail time if a violation results in bodily injury.
Drivers should stay alert to emergency vehicles and perform the safest course of action, whether slowing down or moving over.
Accident victims are entitled to file a claim against the at-fault driver’s insurer or file a personal injury lawsuit to reclaim their losses. Speak to an attorney to begin pursuing your claim.
What are Move Over or Slow Down Laws in Texas?
The Move or Slow Down Law requires all motor vehicle drivers to change lanes or put at least one whole lane between their vehicles and any roadside workers on the highway. If traveling on a highway with two or more lanes in the same direction, motorists must put two or more lanes between themselves and roadside workers/emergency vehicles.
The Texas Transportation Code Section 545.157 outlines this law but does provide an exception when this isn’t safe or practical. The “Slow Down” portion of the law allows drivers to reduce their speed to 20 mph below the posted speed limit. If the speed limit is 25 mph or less, you must cut your speed to five mph.
Despite this, the nation still has a problem with accidents involving emergency vehicles. According to Emergency Vehicle Response, ambulances are involved in 6,500 crashes every year, which is above the national average. An estimated 35% of these crashes involved at least one injury or fatality.
Moreover, the National Safety Council found that in 2022, 50% of fatalities in these crashes were occupants of non-emergency vehicles. In short, Move Over or Slow Down isn’t just about protecting first responders but protecting yourself.
When Does the Move Over Law Apply?
The Texas Move Over law applies to all “roadside workers” whenever their vehicles are parked at the side of the road with their flashing lights switched on. The law applies a broad definition to roadside workers, encompassing first responders and other professionals.
The following vehicles apply under the law:
Law enforcement
Authorized emergency vehicles
Ambulances
Firetrucks
First responders
Utility service vehicles
Stationary tow trucks
Texas Department of Transportation vehicles
Any highway maintenance vehicle
Note that the law of slowing down 20 mph below the speed limit or pulling over doesn’t apply if a law enforcement officer tells you to take a different course of action. In this case, an officer's instructions on the scene supersede the law.
Despite this, the Texas AAA found that nearly one-quarter of drivers aren’t aware of Move Over or Slow Down laws in their states. It’s this lack of education that results in numerous accidents every year.
What is the Law on Passing Another Vehicle in Texas?
The Move Over or Slow Down Law allows you to pass roadside worker vehicles. However, you must move over into another lane or slow down considerably. Generally, you should opt for the safest course of action, with moving over taking precedence.
In all cases, you should assess the safety of moving over before slowing down and passing close to stationary or disabled vehicles with flashing lights.
Here’s the hierarchy to follow if you find yourself in this situation:
Obey – If a law enforcement officer is directing traffic at the scene, follow their instructions regardless of the situation.
Move Over – If you’re driving on a highway, move out of the lane closest to the vehicle. If you’re on a highway with two or more lanes in the same direction, begin changing lanes to create two lanes of space.
Slow Down – Slow down to 20 mph below the legal speed limit. If the speed limit is 25 mph or less, reduce your speed to five mph.
The law also stipulates that you shouldn’t move over or speed up again until you’re a safe distance from the vehicle.
Why Did Texas Establish a Move-Over Law?
Texas established its Move Over/Slow Down Law in 2003 in response to the volume of accidents involving emergency vehicles stopped on the roadways. Many of these collisions caused injuries and fatalities. In some cases, uninjured drivers would drive away, causing a hit-and-run incident.
All 50 states currently have some variation of the Move Over or Slow Down Law in the U.S. The National Highway Traffic Safety Administration (NHTSA) states that South Carolina was the first state to pass this law in 1996, with Hawaii being the last in 2012.
Texas expanded its Move Over Law in 2013 to include transportation workers and their vehicles. This change was implemented because transportation workers move around their vehicles on active highways like state troopers and other emergency responders.
Sadly, accidents are all too common. For example, CBS News reported on the tragic death of Grand Prairie Police Officer AJ Castaneda in 2019. Due to an out-of-control driver, he was thrown into the side of an overpass when a vehicle slammed into the patrol vehicle he was standing next to on the freeway.
What are the Consequences of Not Moving Over or Slowing Down?
Failing to reduce speed or vacate the lane closest to a protected vehicle is a crime in Texas. Violating the law means you could be charged with a misdemeanor. The smallest possible fine under Section 542.401 of the Texas Transportation Code is $1,250 for a first offender. Subsequent offenders or causing property damage upgrade the fine by $500. Finally, if the violation results in a bodily injury, the violation is upgraded to a Class A misdemeanor with a fine of $4,000.
However, the consequences don’t end here. Expect to pay additional court courts and administration fees. Moreover, your fines could have the following impacts:
Liability – If you’re injured when committing this violation, it could stop you from claiming compensation under Texas’s modified comparative negligence laws.
Car Insurance Premiums – Your auto insurance provider may raise your premiums because they deem you a high-risk driver. This could add up to paying thousands of dollars more than needed to maintain your auto insurance policy.
Have these penalties worked to deter drivers from ignoring the law? Sadly, thousands of violations are still registered every year across the Lone Star State.
Jail Time is Now Possible if Texas Drivers Don’t Move Over or Slow Down
In September 2024, a new law enhanced the penalties for violating Texas’s Move Over or Slow Down Law. First-time violators can now be fined $1,250, which was previously the largest possible fine. Moreover, CBS7 reported that jail time and a fine of up to $4,000 have now been added to the possible list of punishments.
Unlike previously, drivers that cause bodily injury can be charged with a Class A misdemeanor, whereas, before, it was a Class B charge. Under Penal Code Chapter 12 of the Texas Statutes, a Class A misdemeanor carries a minimum jail term of 180 days, with potential sentences of up to one year.
Judges have the option of imposing a fine, jail time, or both. This law change demonstrates how seriously Texas is taking the issue of protecting roadside workers.
Safety Tips for Drivers Approaching a Move-Over Situation
The NHTSA recommends following the SIREN protocol to aid drivers in managing situations whereby they’re dealing with an emergency vehicle. It includes staying alert, investigating the situation, reacting to it, entering the situation, and what you should never do.
Here’s how to follow the SIREN protocol:
Stay Alert – Stay alert at all times to what’s going on around you. That means paying attention to the road and avoiding distractions. It also includes listening to your surroundings. Although it’s not illegal to use earbuds while driving, you can still get a citation for distracted driving if it impairs your ability to deal with emergency vehicles.
Investigate – Notice lights flashing from utility vehicles, caution signs, road flares from a disabled vehicle, or sirens? Look around and pinpoint where the sound is coming from. It could also mean a moving vehicle, so don’t forget to check your rearview and side mirrors.
React – React quickly to the situation. Note what others in front of you are doing and ensure you know where the protected vehicle is. Assess the situation and decide whether you’ll move over or reduce your speed, based on traffic conditions.
Enter – As you approach the emergency vehicle, remember that other vehicles may be approaching from behind or a series of vehicles parked beyond the initial vehicle. Use your signals to let other drivers know what you’re doing. Be as predictable as possible and exercise due caution.
Never – Always be mindful of the safety of roadside workers and others around you. Don’t take unnecessary risks. Likewise, don’t try to follow an emergency vehicle like you’re a running back with a blocker in front. Try to remain as far away as possible from roadside workers as possible.
One of the best tips is to note what everyone else is doing. If everyone pulls into another lane, follow suit and merge with the traffic. If everyone is reducing their speed, do the same.
Steps to Take After a Move-Over Law Accident in Texas
All accidents should be treated in the same way. Stop immediately where it's safe, whether you’re a civilian motorist or a roadside worker. Check for any injuries and exchange information with the other driver. You may also need to call an ambulance and/or law enforcement.
Ensure you wait for law enforcement to arrive and complete an official accident report. In the meantime, use your phone to take photos and write down the contact details of any eyewitnesses who’ve agreed to give a statement. Once you’re free to go, seek medical attention immediately. Many injuries, even in low-speed crashes, may take a few hours to appear, such as in the case of concussion or whiplash.
In all cases, you’ll need to inform your auto insurance firm promptly. Most policies require accident reporting within 24-72 hours of your accident. Not telling them what happened could result in you losing your coverage entirely.
If you’re making an insurance claim or filing a personal injury lawsuit, hire a car accident attorney in Texas to pursue your case. They’ll gather all available evidence and build your case to ensure you receive the maximum compensation.
Is Texas a No-Fault State?
Texas is an at-fault state, meaning the party at fault must pay for all losses experienced by the victim. Under the state’s modified comparative negligence laws, blame can be apportioned to both parties.
Under Texas law, you cannot claim financial compensation for any injuries sustained in an auto accident if you’re assigned more than 50% of the blame, regardless of the severity of your injuries.
Texas contrasts with no-fault states, whereby compensation is claimed through your own auto insurer regardless of who’s at fault.
Financial Compensation for Move-Over Law Accident Victims
Victims of move-over accidents are entitled to claim for any losses they’ve sustained due to another driver’s negligence. This includes tangible economic losses, including medical bills, and non-tangible losses, like your pain and suffering.
Your personal injury lawyer can incorporate a variety of valid losses into your claim, including:
Medical costs
Property damage
Lost wages
Lost earnings potential
Pain and suffering
Loss of enjoyment of life
Loss of companionship
Wrongful death
How much you could be entitled to financially depends on the nature of your accident and the extent of your losses. For example, you may get a few thousand dollars for relatively minor injuries, whereas you could be entitled to a seven-figure sum if you’re left permanently disabled by a serious injury.
The best way to discover how much your case could be worth is by contacting a personal injury attorney and receiving a free consultation on your case.
Legal Options for Injury Victims in a “Move Over” Accident
You have the legal right to claim compensation if you were the victim of a move-over accident. Who you claim against depends on the situation, but generally, you’ll either accept an insurance settlement from the at-fault driver’s car insurance firm or file a personal injury lawsuit.
Here’s how these two options work:
Auto Insurance Settlement – An auto insurance settlement is an offer from the at-fault driver’s insurance company to pay an agreed-upon sum to drop all ongoing litigation against the driver/insurer.
Personal Injury Lawsuit – If a settlement offer is insufficient, you can also file a personal injury lawsuit against the other driver’s insurer. Likewise, if the at-fault driver has no insurance, you can file a lawsuit against them personally.
Which option is right for you depends on the situation. Listen to an experienced personal injury attorney on the correct course of action. They’ll assess the state of play to determine whether you should accept a settlement or file a lawsuit.
Move Over Laws FAQs
Do you have to stop for emergency vehicles in Texas?
All drivers are required to yield the right of way to emergency vehicles. If the vehicle is stopped at the side of the road, follow the Move Over or Slow Down Law. If the vehicle is in motion, you must perform a lane change to the right until the vehicle passes, regardless of direction. Drivers who cannot come to a complete stop should slow down to at least 20 mph and attempt to make as much space as possible.
How does liability work in move-over accidents?
Personal injury cases rely on the negligence theory, meaning plaintiffs must prove that the other party was negligent and breached their duty of care. Texas law uses the concept of negligence per se, which states that a violation of a statute serves as automatic evidence of a party’s negligence.
For example, suppose a driver violates the Move Over or Slow Down Law. In that case, this is a regulation designed to keep people safe, meaning violating it means there’s already evidence of negligence.
What is the safe speed in an emergency?
Texas’s Move Over or Slow Down Law requires motorists to slow their speed to 20 mph below the posted speed limit. If the limit is 25 mph or under, drivers must slow their speed to five mph.
In a scenario where an emergency vehicle is in motion, drivers must reduce their speeds to at least 20 mph.
