Cruising down South Dakota’s 80 mph I-90 feels about as free as free can feel. Let your hair down, baby, it’s time to fly. In those Easy Rider-type moments, it can be easy to miss the roadside worker. And since you’re zipping at 90 to 95 mph, you might not see the roadside worker in the highlight-green vest until it’s too late.
From 1982 through 2020, nearly 30,000 people have died in work zone accidents. This includes workers, drivers, passengers, and bystanders. In 1994, a South Carolina paramedic was tending to a driver who had slid off the road when he was struck by a rubbernecker driving at about 45 mph. After recovering from his injuries, he worked to create and pass a law requiring passing drivers to move over a lane while emergency vehicles were stopped on the side of the road. In 1996, the nation’s first “Move Over” law was passed in South Carolina. By 2012, all 50 states had implemented “Move Over” laws.
In 2023, Indiana amended their 1999 “Move Over” law to expand the law from focusing on emergency vehicles to any vehicle with activated hazard lights that have pulled over to the side of the road. If the driver cannot move over, they must reduce their speed at least 10 mph below the posted speed limit. Failure to move over or slow down can result in a Class B Misdemeanor, that’s up to $1000 in fines and/or up to 180 days in jail. And Indiana State Troopers are ready to enforce.
And it’s their kind of enforcement of that law that might make this very necessary law stick and for good.
Importance of “Move Over” Laws
The whole idea of Move Over laws is not to inconvenience you, it’s about safety. Or, if you’re selfish, not having some human body damage your vehicle. First responders, paramedics, firefighters, truck drivers, and other workers you’d often find by flashing lights, often find themselves in high-risk situations while they do their jobs on the side of the road.
The threat of being struck by a driver flying down the highway is high enough that it is a legitimate risk to safety. The easiest way to help mitigate that risk is to ask drivers to move over a lane or to significantly slow down. Despite these laws being the norm for nearly thirty years, people still struggle to adhere to them. In 2022, North Carolina’s Department of Transportation reported that safety vehicles had been struck 26 times. That juicy bit of data underscores the need for more awareness.
Raising Awareness
The paramedic that inspired “Move Over” laws, James D. Garcia, has been an assertive and passionate advocate for raising awareness on the critical need to change lanes or slow down when passing a vehicle on the side of the road. A study by the National Highway Traffic Safety Administration (NHTSA) showed that about one-third of Americans are completely ignorant of “Move Over” laws.
To be fair, it’s not exactly a sexy PSA announcement. It’s difficult to make “change lanes or slow down” into a catchy jingle. The current NHTSA infographic, from a graphic designer’s standpoint, is… not great.
That’s why Garcia’s public service works are so important. Speaking to someone who inspired the laws, who dedicates his life to informing the public of something so important, can make a greater impact on the public’s awareness of “Move Over” laws.
What Is Indiana Doing Differently?
Traffic laws vary state-by-state, so enforcement of “Move Over” laws will be different as you travel across the country. For instance, in Pennsylvania, for ignoring their “Steer Clear” law, as they call it, you could get a fine upwards of $500 for the first offense. Georgia also penalizes at $500.
If you’re working with an Indianapolis car accident lawyer, they will tell you that Indiana has taken the public’s ignorance seriously and will penalize drivers with a Class B misdemeanor, $1000 in fines, and jail time.
“The State Police has written 15,550 tickets. That’s a lot of tickets, and that means there are a lot of people that don’t have a caring bone in their body about those highway workers,” said Sgt. Ray Poole, ISP.
Tickets don’t appear to be all that effective. “The point of the conversation is not how many tickets we can write,” Indiana State Police Sgt. Brian Walker told WPTA. “The point of the conversation is traffic safety and what we could be doing and should be doing to make our roadways safer.”
The law is pretty clear:
“Upon approaching a stationary authorized emergency vehicle, when the authorized emergency vehicle is giving a signal by displaying alternately flashing red, red and white, or red and blue lights, a person who drives an approaching vehicle shall:
-Proceed with due caution, yield the right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least four (4) lanes with not less than two (2) lanes proceeding in the same direction as the approaching vehicle; or
-Proceed with due caution, reduce the speed of the vehicle to a speed at least ten (10) miles per hour less than the posted speed limit, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.”
Between a $1000 fine, jail time, a stain on your driving record, and even the suspension or revoking of your license should be enough to shake drivers awake and be aware of this safety law.
The More Drivers Are Aware, The Safer We Are
It’s an easy adjustment for drivers to learn to change lanes or slow down if there is a vehicle stopped on the side of the road. It’s minimal effort with profoundly positive outcomes. But people aren’t aware of it, and the local government’s failure to effectively inform the public has left responsibility in the hands of law enforcement. Since they are often the victims of these accidents, it makes sense they would want to come down hard on drivers who fail to adhere to a simple law.
Punitive measures can definitely be effective, but usually after the fact. Public awareness campaigns are sorely needed to hammer this safety law into people’s brains. We, as Americans, are pretty hardwired to reflexively yell, “you can’t tell me what to do!” But we do care about safety and especially if it requires minimal effort. “Move Over” laws are common sense, simple adjustments any driver can make. All they need to do is be aware of it.
