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  5. Georgia’s Move Over Law

By Jones & Swanson | November 11, 2022

Georgia’s Move Over Law

Georgia’s Move Over Law requires drivers to move over one lane to give space to emergency workers.Georgia’s Move Over Law requires drivers to move over one lane when possible if any vehicle with flashing lights is parked on the shoulder of the highway. If traffic is too heavy to move over safely, the law says drivers should slow down below the posted speed limit instead and be prepared to stop.  If you’ve been injured in an accident caused by a motorist who failed to follow this important driving safety rule, speak to an attorney. A Marietta car accident lawyer can offer further information on the Move Over Law and help you pursue compensation for your medical bills, vehicle repair costs, and other losses.

What Does Georgia’s Move Over Law Require?

Georgia’s Move Over Law requires drivers to change lanes, moving away from stopped emergency or utility vehicles when traffic conditions allow it. It also requires motorists to slow below the posted speed limit and be ready to stop when moving over is not safe.  The law applies when approaching any stationary vehicle displaying flashing hazard lights, road flares, or warning signs, including:
  • Police, fire, and EMS vehicles with flashing lights
  • DOT and HERO Unit response vehicles
  • Tow trucks and roadside utility crews
  • Highway construction and maintenance crews
  • Civilian vehicles in distress
This important rule was created to protect emergency technicians, DOT workers, and other roadside personnel from being struck while doing their jobs. Following it gives those workers the space they need to stay safe and reduces the chance of a serious crash.

Penalties for Violating the Move Over Law in Georgia

Under O.C.G.A. § 40-6-16, failing to move over or slow down for a stopped emergency vehicle is a misdemeanor. The Move Over Law fines can reach up to $500 for a single violation, and the full cost can be even higher once court fees are added on. If you got a ticket under this statute, the citation will also stay on your driving record and can drive up your insurance premiums. Drivers who cause an injury or fatality while violating the law face far more serious consequences, including civil liability. If another driver ignored this important law and caused an accident that resulted in your injuries, our car accident attorneys will use that violation as evidence of negligence in your claim.

How a Move Over Law Violation Helps Prove Negligence in Your Claim

When a driver breaks Georgia’s Move Over Law and causes a crash, that violation can be used as evidence of negligence in your injury claim. In Georgia, failing to comply with this safety rule is considered a failure to uphold a reasonable duty of care. All motorists on the road have a duty to act in a way that reasonably keeps other drivers and pedestrians safe. Drunk driving and speeding are both examples of driving behaviors that violate the duty of care.  A skilled car accident lawyer can use evidence that shows the at-fault driver failed to follow the Move Over Law to establish a breach of the duty of care and support your claim for damages.

What to Do if You Were Hit by a Driver Who Violated the Move Over Law

The steps you take after a Georgia Move Over Law crash will protect both your health and your right to pursue damages. Whether you were a roadside worker, a first responder, or a driver rear-ended by someone who failed to slow down, taking action soon is important. Here’s what you should do after such an incident: 
  • Call 911 and get medical attention at the scene, even if your injuries seem minor
  • Ask the responding officer whether the at-fault driver was cited
  • Take photos of vehicle positions, lane markings, and any visible injuries you’ve sustained
  • Get names and contact information from witnesses, including roadside workers who were at the crash scene
  • Avoid giving a recorded statement to the at-fault driver’s insurance company
  • Call a Marietta car accident attorney before accepting any settlements  
The sooner you reach out to a lawyer, the better. After auto accidents, it’s common for evidence to get lost and eyewitnesses’ memories to fade. You may also have to comply with Georgia’s filing deadline for personal injury lawsuits. Getting started on your case now will ensure your claim is as strong as possible and compliant with time-sensitive requirements. 

Schedule a Free Consultation With a Georgia Car Accident Lawyer

Moving forward after an injury caused by an accident that involved a violation of Georgia’s Move Over Law can be a confusing and difficult process. Your best course of action after an accident like this is to hire a lawyer from Jones & Swanson. We have over 50 years of combined experience and are proud to have recovered $50+ million for injury victims. We are a smaller firm by choice because it allows us to provide personalized attention and client-focused advocacy. Larger firms don’t bother to learn your name and your story. We take the time to get to know you and address your very real needs.  Contact us today to schedule a free consultation and take the first step toward a fair settlement.

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