Texas Move Over Laws: What You Need to Know

The sides of highways are dangerous places to be due to the risk of being hit by speeding or distracted drivers. However, this is also an area where emergency, construction, and maintenance workers are. To protect these workers from being injured or killed while simply trying to do their jobs on the roadside, Texas passed its “Move Over” law in 2003 and has expanded the law over the years to include other types of workers.

If you’ve been injured or have lost a loved one because a driver violated Texas Move Over laws, you can seek compensation from the at-fault driver’s insurance company for the financial and psychological consequences of your injury. An experienced personal injury lawyer can handle your claim, fighting for your financial recovery so you can focus on your injury or loss.

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 Texas’s Transportation Code, drivers who violate the laws are subject not only to criminal penalties but also to civil liability for the physical harm and property damage they cause.

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 will 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 required to pay 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.

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 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 fails to fairly compensate the claim by either paying it outright or engaging the claimant in a settlement agreement, a personal injury lawsuit can be filed, and the court can make decisions about liability and compensation. Personal injury lawsuits in Texas usually must be filed within two years of the date on which 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 think hiring a personal injury or wrongful death lawyer to handle the claim is a useful option if they have the money. It is important to understand, however, that a lawyer plays a crucial role in getting the compensation the claimant needs. The method that this type of lawyer uses to bill their clients ensures that they can assist anyone, regardless of their financial status.

Most Texas personal injury and wrongful death lawyers work on a contingent fee basis. This means that payment for handling the claim is contingent on the claimant being compensated for their injury or loss. If no compensation is received for the claim, the attorney does not get paid. However, if compensation is received, the attorney is paid a percentage of the overall award.

When you hire a lawyer to help you with your claim, you will be asked to sign a contingent fee agreement. This agreement outlines the services the lawyer will provide and designates the percentage of the award that they will receive for their efforts. When a settlement is reached or the court renders a verdict in the case, the compensation will be sent directly to the attorney. They will collect their payment and help you settle medical liens placed on the award and then will turn the remaining compensation over to you.

If You’ve Been Injured Due to a Move Over Violation, Call Dale R. Rose, PLLC 

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 that people face after they’ve been injured as a result of someone else’s negligence. He has garnered successful settlements and verdicts for hundreds of victims, including those injured and the families of those killed due to Texas Move-Over violations.

Let Dale R. Rose help you understand your options after being injured or losing a loved one due to a negligent driver. For your free case evaluation, contact us by calling (972) 634-ROSE (7673) or sending us a message through our contact form.