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What Is The Georgia Move Over Law?

roadside emergency vehicle truck

Ensuring safety on the road isn’t just about following speed limits or traffic signals; it’s about understanding laws designed to protect everyone. Among these is Georgia’s Move Over Law, a lifesaving regulation that demands attention and compliance from motorists. This law passed in 2003, aims to reduce roadside accidents and protect emergency responders, utility workers, and others performing critical duties along highways. Below, we’ll dive into what the law entails, why it was enacted, and its implications for drivers and victims of violations.

Georgia Move-Over Law

The Georgia Move-Over Law, codified in O.C.G.A. § 40-6-16, requires drivers to take precautions when approaching stationary emergency and utility vehicles on the side of the road. Specifically, the law states that:

  • The Georgia Move-Over Law requires motorists to: move over to the next lane when it is safe to do so.
  • If moving over is unsafe or impossible due to traffic conditions, motorists must slow down below the posted speed limit and be prepared to stop.

This law applies to all emergency responders (police, fire, EMS), utility vehicles, tow trucks, and even Department of Transportation vehicles. Its primary goal is to ensure that roadside workers and motorists are safe from passing traffic.

Why Georgia Passed the Move-Over Law

Georgia’s Move-Over Law was introduced in response to increasing fatalities and injuries among roadside workers. Nationally, police officers, emergency technicians, and highway workers faced a growing risk of being struck by vehicles during traffic stops, crash responses, and road maintenance.

In Georgia alone, tragic incidents highlighted the need for stricter regulations. For instance, distracted drivers have collided with emergency vehicles even when their flashing lights were active. Such preventable accidents led lawmakers to prioritize public awareness and enact measures to protect these workers.

Georgia’s Move-Over Law Requires Drivers To:

  • Change Lanes: When approaching a stationary vehicle with flashing red, yellow, white, amber, or blue lights, Georgia’s Move-Over Law requires drivers to shift one lane away, provided it’s safe to do so. This action creates a buffer zone to protect workers.
  • Slow Down: If changing lanes isn’t feasible due to heavy traffic, drivers must reduce their speed to a level below the posted limit and proceed cautiously.

This dual requirement ensures that even in high-traffic situations, drivers prioritize the safety of roadside workers.

Types of Vehicles Covered by Georgia Move-Over Law

The Move-Over Law applies to a variety of vehicles performing official duties, including:

  • Emergency vehicles such as police cruisers, fire trucks, and ambulances.
  • Utility vehicles engaged in maintenance or repair work.
  • Tow trucks and HERO (Highway Emergency Response Operator) units assisting disabled vehicles.
  • Department of Transportation vehicles conducting inspections or repairs.

By encompassing such a wide range of vehicles, the law ensures comprehensive protection for those at risk while performing essential roadside functions.

Real-Life Consequences of Violating the Move-Over Law

Failing to comply with the Georgia Move-Over Law can lead to devastating consequences. A striking example occurred in DeKalb County when a distracted driver hit a police officer parked on the shoulder. The collision caused severe injuries, including a concussion and spinal damage, highlighting the critical need for compliance.

Traffic crashes remain the leading cause of death for police officers in the line of duty, surpassing shootings. Additionally, tow truck operators and maintenance crews face constant threats from inattentive drivers.

Penalties for Noncompliance

Violating the Move-Over Law in Georgia can result in significant penalties, including:

  • A fine of up to $500.
  • Potential criminal charges such as reckless driving, especially if the violation leads to injury or death.
  • Increased insurance premiums and potential civil liability for damages.

While $500 is the maximum fine, the financial impact of a violation often extends far beyond the initial penalty, especially if it leads to accidents.

How the Law Protects Victims

Victims injured due to a motorist’s failure to comply with the law have legal options for seeking compensation. This may include:

  • Medical expenses: Covering treatment and rehabilitation costs.
  • Lost wages: Compensating time away from work due to injuries.
  • Pain and suffering: Addressing emotional and physical distress.
  • Punitive damages: Penalizing egregiously negligent behavior.

Additionally, the doctrine of negligence per se makes it easier for victims to prove fault, as violating the Move-Over Law inherently constitutes negligence. If you or your loved one was injured in a car accident due to someone’s negligence. Contact the car accident lawyers at Seay/Felton today to maximize your compensation.

What If You Can’t Safely Move Over?

Not all situations allow for a safe lane change. In these instances, drivers must slow down and prepare to stop if necessary. This is particularly important in heavy traffic or on narrow highways.

Georgia’s Move-Over Law requires drivers to exercise due caution and make safety their top priority, even when maneuverability is limited.

Move-Over Law and Commercial Drivers

Rideshare and commercial drivers are not exempt from this law. In fact, employers of negligent drivers may be held liable under the legal doctrine of respondeat superior. This is especially relevant in cases involving companies like Uber, Lyft, or trucking firms, where employees’ actions can lead to lawsuits.

Both employers and drivers should be aware of the significant liability associated with Move-Over Law violations.

How to Stay Safe and Compliant

  • Stay Alert: Always scan for emergency lights or vehicles on the shoulder.
  • Plan Ahead: Adjust your speed and position well in advance of passing a stationary vehicle.
  • Avoid Distractions: Put away phones and other distractions that impair your ability to notice roadside hazards.
  • Educate Yourself: Familiarize yourself with the types of vehicles covered by the Move-Over Law.

By following these tips, drivers can contribute to safer roads for everyone.

When to Seek Legal Help for Move-Over Law Violations

Failing to comply with the Georgia Move-Over Law can result in legal and financial consequences. If you or a loved one has been injured due to a driver’s negligence, understanding your legal rights is essential. At Seay/Felton LLC Trial Lawyers, we specialize in representing victims of Move-Over Law violations. Our experienced team of auto accident lawyers is dedicated to ensuring you receive the compensation and justice you deserve. Contact us for a free consultation today!

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