Virginia enacted its Move Over Law in 2002. It requires drivers to move to a non-adjacent lane or slow down when passing stationary vehicles with flashing lights, such as police or ambulances. Failing to move over and reduce speed is a crime that carries potential fines, prison, and the loss of your driver’s license.
Virginia law prioritizes protecting emergency vehicles and stationary drivers. So, police vigorously enforce the Move Over Law. If you fail to move over and cause an accident, you could face criminal prosecution and civil liability for the injuries you cause. If you have more questions about Virginia’s Move Over Law, you should talk with an experienced Virginia car accident attorney today.
What Is the Virginia Move Over Law?
Virginia’s Move Over law (Va. Code § 46.2-86.11) applies specifically to drivers on highways with four or more lanes, two moving in the same direction. Drivers must move over when they see cars with flashing emergency lights and when they see caution signs, flares, or torches.
For instance, imagine driving on a four-lane highway and seeing a stationary vehicle flashing its emergency lights on the left-most lane. According to the Move Over law, you must move to the right and put at least one lane of space between you and the stationary driver. The law doesn’t state how much you need to slow down. Instead, drivers must proceed cautiously and regard traffic and safety conditions.
Does the Move Over Law Apply Only to Emergency Vehicles with Flashing Lights?
No, the Move Over Law in Virginia does not apply only to emergency vehicles. The initial law, enacted in 2002, specifically applied to emergency vehicles, such as police cruisers and ambulances. However, the legislature updated the law in 2023 to include any stationary vehicle displaying emergency lights. So, drivers in Virginia must now move over and slow down for any vehicle displaying emergency or flashing lights, not just emergency vehicles.
What Do You Do If You Cannot Safely Move Over?
If you cannot move to a non-adjacent lane due to lane closures or other road hazards, you must still slow down, proceed cautiously, and maintain a safe speed for highway conditions. The law doesn’t define what a safe speed is. It depends on factors like traffic volume, road conditions, and weather. In practice, you should reduce your speed and drive as far to the right in the lane furthest from the stationary car.
Do You Have to Move Over in a Highway Work Zone?
The Virginia Move Over Law applies to highways with at least four lanes and does not apply to highway work zones. You must follow specific traffic safety rules when you drive through construction work zones. Work zones have a defined speed limit and designated lanes to reroute traffic. If you enter a construction zone, you must follow any signs or directions from construction crew members.
Virginia law (Va. Code § 46.2-878.1) defines a highway work zone as any construction or maintenance area marked with the appropriate warning signs and control devices while work is in progress. Violating speed limits in construction zones is a traffic infraction and punishable by a fine of up to $500.
Are There Penalties for Violating the Move Over Law in Virginia?
Virginia takes the Move Over Law seriously. A violation could lead to a reckless driving charge. Reckless driving is a Class 1 misdemeanor in Virginia that can result in a fine of up to $2,500 and a maximum prison term of one year. Prison is unlikely for a first-time offense. Still, it may be an outcome of a second or subsequent conviction.
Also, if you cause an accident involving property damage or injury, your license will be suspended for one year. If the accident causes death, the license suspension is two years. As with any traffic violation, aggravating factors, such as alcohol or drug use, can result in harsher penalties.
How Could Failing to Follow the Move Over Law Affect My Claim?
In addition to any criminal and administrative penalties, you could face liability for any injuries you cause. Violating traffic laws is a form of negligence, which could make you responsible for any accident the violation causes. This fact is an important one. Virginia follows contributory negligence. Under contributory negligence, your negligence could completely bar you from financial compensation after you suffer injuries in a car accident.
So, if you break the Move Over Law and cause a car accident in Virginia, you may be unable to recover compensation, even if someone else contributed to the accident. The fact that you violated the Move Over law could be evidence of your negligence and prevent you from securing a settlement or judgment.
Get Help from an Experienced Virginia Car Accident Attorney
Hiring a knowledgeable legal professional is vital if you have injuries from a car accident. Virginia’s Move Over Law is strict. So, you need an attorney who can effectively argue against your liability and preserve your ability to seek compensation for your injuries.
Marks & Harrison has recovered millions for our clients since our founding in 1911, including some of the largest cases in Virginia’s history. While past results do not guarantee future results, they show the depth of our experience.
Our team comprises 32 attorneys and over 130 support staff, research personnel, and investigators, including many with prior insurance industry experience. We can pursue your car accident claim while you heal and recover from your injuries.
Contact our offices today for a free consultation with an experienced car accident lawyer in Virginia. We are available 24/7 to speak with you.
