Did You Know There Are Move Over/Slow Down Laws in Texas?

Every year, an average of 24 workers including tow truck drivers, first responders, and construction workers are killed in traffic accidents throughout the country while on the job.

To prevent these incidents and increase road safety, Texas adheres to strict Move Over/Slow Down laws to protect people working at the side of the road.

Attorneys warn that violation of these laws can lead to serious driver penalties and resulting accidents can become complex legal situations.

Read on to learn more about this Texas safety law and how lawyers can assist with related cases.

What Is The Texas Move Over/Slow Down Law?

Texas observes the Move Over/Slow Down law which mandates that drivers passing accidents or stopped cars on the side of the road are required to slow their speed and move over one lane.

Many attorneys dealing with drivers in violation of this law find that a surprising number of Texas drivers are unaware of the law.

A 2021 report by the AAA Foundation for Traffic Safety even revealed that over 40% of drivers either did not know they were required to slow down and move over or did not believe there was any safety need for them to do so.

As a result, lawyers see many Texas drivers being cited every year for failing to move over and slow down when passing stopped or impaired vehicles at the side of the road.

What Does The Move Over/Slow Down Law Mandate For Texas Drivers?

The Texas Move Over/Slow Down law was passed in 2003 to protect the safety of people working or stopped at the side of the road for a variety of reasons.

The law requires drivers to slow down to 20 mph below the speed limit or less when passing a protected vehicle and to vacate the lane closest to them by moving over into another lane on a highway with 2 or more lanes going in each direction.

Attorneys also highlight that if the posted speed limit is 25 mph or less, drivers are required to slow down to 5 mph.

To avoid violation and potentially needing to get a lawyer involved, the Move Over/Slow Down rule states that drivers must adhere to it whenever passing any of the following vehicles:

Emergency vehicles or tow trucks that are stationary.
Highway construction and maintenance vehicles.
Utility services and municipal waste vehicles.
TxDOT vehicles with emergency lights.

What Are The Penalties For Ignoring These Laws?

Violating the Move Over/Slow Down law is a Class A misdemeanor if no accident is involved, with a fine of up to $200.

Yet attorneys warn that if there is some sort of accident or any property damage is caused, the violation is elevated to a Class B misdemeanor and a fine of up to $500.

When the violations involve an accident that causes bodily injury, lawyers see the Class B misdemeanor fine increased up to $2000 and a penalty of up to 180 days in jail can also be included.

Additionally, should an accident result from actions happening at the side of the road when a driver does not move over or slow down, attorneys find these situations becoming even more complex as issues of comparative negligence are considered.

Drivers can be found negligent for their own injuries when related to a violation of this law.

Discuss Move Over/Slow Down Violations With An Auto Accident Attorney

The Move Over/Slow Down law followed in Texas requires drivers to give safe space to police, first responders, road workers, and others who face the possibility of injury because they work close to fast-moving traffic.

Drivers who violate this law may face fines, jail time, and points on their license at the very least, as lawyers warn that misdemeanor convictions are also criminal offenses.

A Texas personal injury attorney can help wade through the legalities and assist those with injuries related to Move Over/Slow Down violations.