Legally Reviewed by Dale R. Rose on August 13, 2026
What Is the Texas Move Over Law?
Texas’s Move Over law requires drivers to move over a lane or slow down when approaching a stopped emergency vehicle, tow truck, or highway maintenance vehicle displaying flashing lights on the roadside. The law exists because the shoulder of a highway is a dangerous place to work, and drivers who fail to give roadside workers space put them at serious risk of injury or death.
The sides of highways are dangerous places to be due to the risk of being struck by speeding or distracted drivers, yet this is also where emergency, construction, and maintenance workers do their jobs. To protect these workers, Texas passed its Move Over law in 2003 and has expanded it over the years to cover additional categories of roadside workers. If you have been injured, or have lost a loved one, because a driver violated the Move Over law, you may be able to seek compensation from the at-fault driver’s insurance company for the financial and psychological consequences of the crash. An experienced personal injury lawyer can help evaluate your claim so you can focus on your recovery.
What the Law Requires Drivers to Do
Texas’s Move Over law requires drivers to move over one lane when approaching emergency vehicles, law enforcement, tow trucks, utility service vehicles, TxDOT vehicles, or other highway construction vehicles using visual signals or flashing lights on the side of the road. If the driver cannot move over a lane due to traffic, they are required to slow down at least 20 miles per hour below the posted speed limit for the roadway.
On roads where the posted speed is 25 miles per hour or less, the driver must reduce their speed to 5 miles an hour. Because these requirements appear in the Texas Transportation Code, drivers who violate the law are subject not only to criminal penalties but also to civil liability for the physical harm and property damage they cause.
Which Vehicles and Workers Are Protected
Since it first passed in 2003, the Move Over law has expanded to protect a wider range of roadside workers, including:
- Police, fire, and emergency medical vehicles responding with lights activated
- Tow trucks and roadside assistance vehicles stopped with hazard or flashing lights on
- TxDOT and highway maintenance vehicles marked with amber or flashing lights
- Utility service vehicles performing repairs along the roadway
Recognizing these vehicles early and slowing down or changing lanes in advance, rather than at the last second, gives everyone on the roadway more time to react safely.
Potential Penalties for Violating Texas’s Move Over Law
A violation of Texas’s Move Over Law may be charged as a Class B misdemeanor and punishable by a fine of up to $200. If the crash results in injuries to a worker, the fine can increase to $2,000, and a period of up to 180 days in jail may also be imposed.
In addition to criminal penalties, drivers who violate the Move Over law may be responsible for the expenses and impacts of the injuries and damage they cause. Typically, these costs are covered by the driver’s auto liability insurance policy and may include medical expenses, wage loss, property damage, permanent loss of earning capacity, and pain and suffering.
Common Scenarios That Lead to Move Over Violations
Move Over violations often happen quickly and without warning. Some of the more common scenarios include:
- Distracted driving: A driver looking at a phone or dashboard display may not notice flashing lights ahead until it is too late to safely change lanes.
- Heavy traffic: When lanes are congested, some drivers attempt to merge at the last moment instead of slowing down early.
- Poor visibility: Fog, rain, or nighttime conditions can make it harder to spot a stopped vehicle until a driver is dangerously close.
- Unfamiliarity with the law: Some out-of-state or newer drivers may not know Texas requires a full lane change, not just a slight shift, when it is safe to do so.
Understanding these patterns can help all drivers stay more alert near roadside activity.
What Happens if Someone Is Injured Because of a Move Over Violation?
Individuals injured in an accident caused by a Move Over violation are encouraged to seek prompt medical treatment for their injuries and to speak with an experienced personal injury lawyer as soon as possible to learn more about their legal options. In Texas, those injured due to someone else’s carelessness may file a claim against the at-fault party’s liability insurance coverage.
If the insurer does not fairly compensate the claim, either by paying it outright or reaching a settlement, a personal injury lawsuit can be filed, and the court can decide questions of liability and compensation. Personal injury lawsuits in Texas usually must be filed within two years of the date the accident occurred.
Do You Need a Lawyer for a Personal Injury Claim?
After someone has been injured or killed due to a driver’s negligence, many people wonder whether hiring a personal injury or wrongful death lawyer to handle the claim is worthwhile. A lawyer plays a significant role in pursuing the compensation a claimant may be entitled to, and the way this type of lawyer bills clients ensures that legal help remains accessible regardless of a family’s financial situation.
Most Texas personal injury and wrongful death lawyers work on a contingent fee basis, meaning payment for handling the claim depends on the claimant recovering compensation for their injury or loss. If no compensation is recovered, the attorney does not get paid; if compensation is recovered, the attorney receives an agreed percentage of the award, outlined in a contingent fee agreement signed at the start of the representation.
If You Have Been Injured Due to a Move Over Violation, Call Rose Knows Law
Dale R. Rose has been fighting for the rights of the injured as a personal injury lawyer since 1992, and before that, as a police officer. He has a deep understanding of the financial and psychological impacts people face after being injured due to someone else’s negligence, including drivers who violate Texas’s Move Over law.
Let Dale R. Rose help you understand your options after being injured, or after losing a loved one, because of a negligent driver. For a free case evaluation, contact us through our online form.
Frequently Asked Questions About Texas Move Over Laws
What vehicles does the Texas Move Over law protect?
The law protects police, fire, and emergency medical vehicles, tow trucks, TxDOT and highway maintenance vehicles, and utility service vehicles that are stopped on or near the roadway with flashing or hazard lights activated.
How much should I slow down if I cannot change lanes?
If traffic prevents a lane change, Texas law requires drivers to slow to at least twenty miles per hour below the posted speed limit. On roads posted at twenty five miles per hour or less, drivers must slow to five miles per hour.
What penalties apply for violating the Move Over law?
A basic violation may be charged as a Class B misdemeanor with a fine of up to two hundred dollars. If the violation results in injury to a worker, the fine can increase to two thousand dollars, with up to one hundred eighty days in jail also possible.
Can I file a civil claim in addition to any criminal charges against the driver?
Yes. Criminal penalties and civil liability are separate. A driver who violates the Move Over law may face criminal charges while also being responsible for the injured party’s medical expenses, lost wages, and other damages through a civil claim.
How long do I have to file a claim after a Move Over accident?
Personal injury lawsuits in Texas generally must be filed within two years of the date of the accident. Speaking with an attorney early helps preserve evidence and protect your right to file within that window.
About the Attorney
Founding Attorney, Dale R. Rose, PLLC
Dale R. Rose has represented injured Texans as a personal injury attorney since 1992. Before practicing law, he served as a police officer, giving him direct experience with how crashes are investigated and documented. He is based in McKinney and represents clients throughout Collin County and North Texas.