Some people have to perform work on the side of the road, such as emergency responders or law enforcement officers. These workers are at an elevated risk of injury, so Texas lawmakers have passed a special law to protect them. Understanding this law and following it can keep you and them safe.
Roadside workers are often only a few inches away from fast-moving traffic. They are vulnerable to serious injury or death if a motorist doesn’t notice them or move over to avoid hitting them. They are particularly at risk when drivers are speeding or driving while distracted.
In response to Texas often having the highest number of worker zone fatalities in the United States, Texas lawmakers passed a “Move Over or Slow Down” law that requires motorists to switch lanes so that they are at least one lane away from certain workers when they are traveling on a highway with two or more lanes of traffic traveling in the same direction.
If a motorist cannot safely complete this move, they must reduce their traveling speeds to 20 miles per hour below the speed or limit, or in areas with speed limits of 25 mph or less by 5 mph.
The law applies when roadside workers are present and parked on the side of the road with flashing lights on. Under the law, roadside workers include the following:
If you see a vehicle parked on the side of the road with flashing, blue, amber, or activated lights, the law probably applies, including for the following types of vehicles:
Violating the move-over or slow-down law is a misdemeanor punishable by a fine of up to $200. However, if the action results in bodily injury, the driver can be charged with a Class B misdemeanor and be subject to jail time and fines of up to $4,000.
If you are involved in an accident with a roadside worker, your violation of the law could make you liable for the accident. Texas can apply a negligence per se principle. When a person violates a statute or regulation that was designed to protect certain people and violating that law caused that person’s injury, the law may assume that the person was negligent.
If you were injured in a motor vehicle accident in San Antonio, you deserve dedicated legal advocacy. Contact The Aguirre Law Firm for a free consultation to discuss your legal rights for pursuing compensation. Call (210) 922-0808 today.
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