You're driving along I-81 when you notice flashing lights ahead. As you slow down and prepare to move over, the driver behind you suddenly crashes into your vehicle. The at-fault driver says they didn't realize they had to move over for a tow truck on the shoulder.
As a Virginia injury lawyer can explain, the state's move over law requires drivers to slow down and, if safe, change lanes when approaching stationary vehicles displaying flashing lights. Violating this law puts emergency and roadside workers at risk and endangers other motorists.
At Dulaney, Lauer & Thomas, we understand the devastating impact a serious car accident can have on your life. If you've been hurt by a driver who failed to comply with the move over law, you may be entitled to compensation for your medical bills, lost income, and other accident-related expenses. Our legal team can investigate your crash, gather evidence of the other driver's move over law violation, and fight to hold them accountable for the harm they've caused.
Understanding Virginia's Move Over Law
Virginia's move over law requires drivers approaching stationary vehicles displaying flashing blue, red, or amber lights to:
- Proceed with caution. Upon approaching the stationary vehicle, drivers must immediately slow down to a speed that allows them to maintain control of their vehicle, given the highway and traffic conditions.
- Change lanes away from the stationary vehicle. On a highway with at least four lanes (two or more lanes in each direction), drivers must move to a lane not adjacent to the stationary vehicle if they can do so safely. Where changing lanes would be impossible or unsafe, drivers must proceed with caution and maintain a safe speed.
Stationary vehicles covered by the move over law include:
- Law enforcement and emergency vehicles
- Tow trucks and other vehicles providing roadside assistance
- Vehicles used to maintain Virginia highways or provide traffic management services
- Vehicles providing automotive repair and maintenance services along highways
- Waste and recycling vehicles
- Any stationary vehicle with active hazard warning lights or that has displayed caution signs, lit flares, or torches
Violating the move over law is a Class 1 misdemeanor punishable by up to a year in jail and $2,500 in fines. If the violation results in property damage, injury, or death to another person, the penalty increases to a Class 6 felony, with up to five years in prison and $2,500 in fines.
What to Do If You're Hurt by a Driver Who Violated the Move Over Law
If you're involved in a crash caused by a driver who failed to slow down or move over for a stationary vehicle, take these steps to protect your health and your right to compensation:
- Call 911 and report the accident. If you or anyone else is injured, request emergency medical assistance. Cooperate with the responding officers and inform them if you noticed the other driver failing to comply with the move over law before the crash.
- Document the accident scene. If you can, take photos of the crashed vehicles, stationary vehicles with flashing lights, any visible injuries, and the surrounding road conditions. Collect contact information for witnesses who may have seen the other driver's move over law violation.
- Seek prompt medical attention. Even if you feel okay after the accident, visit a doctor or hospital as soon as possible. Some injuries may not show symptoms immediately, such as whiplash and traumatic brain injuries (TBIs). Prompt diagnosis and treatment can improve your prognosis and create vital records linking your injuries to the crash.
- Watch what you say to the insurance companies. The at-fault driver's insurance company may contact you for a recorded statement. Avoid admitting fault, speculating about the cause of the accident, or downplaying your injuries. Remember, their goal is to minimize their financial liability, not to ensure you receive fair compensation.
- Contact an experienced Virginia injury lawyer. Accidents involving move over law violations can be complex. You may need to prove that the other driver's failure to comply with the law directly caused your crash and injuries. An attorney can gather evidence of the driver's traffic violation, calculate your damages, and negotiate with the insurance company on your behalf.
How a Virginia Injury Lawyer Can Help
Failure to comply with Virginia's move over law puts lives at risk and subjects violators to criminal penalties and civil liability.
The Virginia injury lawyers at Dulaney, Lauer & Thomas have extensive experience handling car accident claims involving traffic violations like failure to obey the move over law. We can investigate your case, interview witnesses, subpoena traffic camera footage, and collaborate with accident reconstruction experts to build a strong case for maximum compensation. If the insurance company won't make a fair settlement offer, we're fully prepared to take your case to court.