Zealous Criminal Defense Representation

Understanding Virginia’s “Move Over” law

On Behalf of | Jan 12, 2025 | Reckless Driving |

States across the country, including Virginia, have laws that require to “move over” a lane or, if that’s not safe, at least slow down when they encounter a first responder vehicle on the road. This helps firefighters, police and emergency medical technicians (EMTs) to get to the scene of a crash or other event quickly and without further consequences. Virginia’s “Move Over” law also applies to areas where first responders or road construction personnel are working. 

In 2023, the law was expanded to apply to any personal vehicle with its hazard lights on, road flares around it or other indication that it’s disabled or that the driver needed to stop on or near the road. That change came after a woman who was on the side of Interstate 95 in Hanover County after her car broke down. Even though she had her hazard lights on, a driver struck and killed her

Sadly, that’s not a rare occurrence. One AAA spokesperson says that “every year, between 300-350 people are killed inside, around, or getting back into a disabled vehicle on the side of the roadway.”

Those who are dealing with a vehicle breakdown or possibly a medical emergency and those who are there to help them, including tow truck drivers, good Samaritans and others are always at risk. That’s particularly true when they’re standing outside a vehicle. However, these situations are often unavoidable.

Consequences can extend beyond penalties for violating this law

All drivers must know what Virginia’s Move Over law requires of drivers. Even one violation can result in driver’s license points and fines. However, if a disabled vehicle or an emergency vehicle is damaged, the costs can be considerably higher. If someone is injured or killed, a driver could find themselves facing prison time for offenses as serious as involuntary manslaughter.

Sometimes, as noted, it’s not possible to move to another lane when you encounter a disabled vehicle or first responder without colliding with another vehicle. There may not be a lane to move into. Other times, due to inclement weather or other conditions, it may not be possible to see a vehicle or people on or near the road until it’s too late to stop. Whatever the situation, if you are accused of violating the Move Over law and possibly facing other charges related to a collision, it’s crucial to get experienced legal guidance as soon as possible to protect your rights and make your case.