Florida’s “Move Over” Law: What It Means for Personal Injury Cases

Florida’s “Move Over” law is designed to protect roadside workers, emergency vehicles, and others who may be at risk while stopped on the side of the road. While it’s easy to think of this law as just a safety measure, it also has significant implications for personal injury cases. If you’ve been injured in an accident involving a vehicle that failed to comply with this law, it’s essential to understand how the Move Over law could affect your claim.

The Move Over law is simple in concept: when a driver approaches a stopped emergency vehicle or roadside worker with their lights flashing, they are required to move over one lane or slow down significantly. Despite its straightforward nature, violations of this law can result in serious accidents and injuries, leading to more complex personal injury claims. Here’s what you need to know.

What is the Move Over Law?

Florida’s Move Over law requires drivers to take specific actions when approaching a stationary vehicle with its emergency lights on. The law applies to:

• Law enforcement vehicles
• Ambulances
• Fire trucks
• Tow trucks
• Utility service vehicles
• Other emergency vehicles

When you see any of these vehicles on the side of the road with flashing lights, the law dictates that you must either:

• Move over one lane if possible, or
• Slow down to a speed of 20 mph below the posted speed limit when you can’t change lanes safely.

This law applies on highways and roads with speed limits greater than 20 mph. If the speed limit is 20 mph or less, drivers must slow down to a speed that is at least 5 mph below the posted limit.

The Importance of the Move Over Law

The intent behind the Move Over law is to protect workers and emergency responders who are often exposed to traffic dangers when they stop to assist on the side of the road. Without this law, these individuals face the risk of being struck by passing vehicles, sometimes with catastrophic results.

In Florida, the law has been in place since 2002, but its importance has only grown as more roadside workers and emergency responders are put in harm’s way. In addition to protecting workers, the law is also designed to minimize accidents by ensuring that vehicles move over when possible, or slow down when they can’t.

How the Move Over Law Affects Personal Injury Cases

When a driver violates the Move Over law, it can create a hazardous situation that leads to accidents. These accidents often involve injuries that are more serious due to the high-speed nature of the roads where violations occur. Here’s how the law can influence a personal injury claim:

Establishing Liability

If you’ve been injured in an accident caused by a driver who failed to follow the Move Over law, establishing liability can be more straightforward. Since the law is clear about what actions drivers are required to take, it can serve as evidence that the other driver was negligent. A violation of this law can directly impact the outcome of a personal injury claim, as the driver’s failure to act safely could be considered an act of negligence.

If you or a loved one was injured by a driver who failed to move over for an emergency vehicle or roadside worker, the at-fault driver may be held liable for your medical bills, lost wages, pain and suffering, and other damages. Proving that the driver violated the Move Over law can strengthen your case and improve the chances of receiving compensation.

Increased Severity of Injuries

Accidents that occur when a driver fails to comply with the Move Over law often involve more severe injuries. In many cases, the individuals affected are emergency responders, roadside workers, or drivers and passengers who are already stopped and vulnerable.

For example, when a car fails to move over for a tow truck, it may strike a person who is already out of their vehicle, increasing the potential for life-altering injuries. As such, the legal complexities of personal injury claims in these cases are often more significant. Serious injuries, such as spinal cord damage, traumatic brain injuries, or even death, can result from these types of collisions.

Insurance and Compensation

One of the challenges with personal injury cases involving the Move Over law is dealing with the insurance companies. When a driver causes an accident by failing to comply with the law, they may attempt to deny fault, claiming that the accident was unavoidable or the result of another factor. In these cases, it’s important to work with an experienced personal injury lawyer who can present clear evidence of the violation.

If you’re injured in an accident related to a Move Over law violation, your own insurance may cover some immediate costs through personal injury protection (PIP), but this may not cover all of your expenses. A skilled attorney can help you pursue additional compensation through the at-fault driver’s liability insurance, especially if the injuries are severe or long-lasting.

Criminal Charges and Legal Consequences

Violating the Move Over law is a criminal offense in Florida. Drivers who fail to move over or slow down can face fines, points on their driving record, and even jail time if the violation leads to significant harm or death. While criminal charges are separate from a personal injury claim, they can strengthen your case. If the driver is criminally charged, it can serve as evidence of negligence in your personal injury case, making it easier to hold them accountable for their actions.

For those injured in an accident due to a Move Over law violation, it may be possible to pursue both civil compensation and take action if the driver faces criminal consequences. This dual approach can provide a more comprehensive legal strategy for injured victims.

What to Do If You Are Injured in a Move Over Law Violation

If you or a loved one is involved in an accident due to a driver’s failure to obey the Move Over law, it’s important to take several steps to protect your legal rights:

• Call 911: Report the accident to law enforcement. They will investigate the scene and gather evidence of the Move Over violation.
• Document the Scene: Take photographs of the location, the vehicles involved, and any visible injuries. Collect witness contact information if available.
• Seek Medical Attention: Even if you feel fine after the accident, it’s important to get checked by a doctor to rule out any internal injuries or hidden conditions.
• Consult a Personal Injury Lawyer: An experienced lawyer can help you navigate the complexities of your case, from proving liability to negotiating with insurance companies. They can also help you determine the full extent of your damages and ensure you receive proper compensation.

Conclusion

Florida’s Move Over law is a vital safety measure for roadside workers and emergency responders. However, it also has significant implications for personal injury claims when drivers fail to comply with it. By understanding the law and how it affects liability, injury severity, and compensation, individuals who are injured in these accidents can take the necessary steps to protect their legal rights. If you have been involved in an accident involving a Move Over law violation, consulting with an experienced personal injury lawyer can help you get the compensation you deserve.