How Florida’s ‘Move Over’ Law Affects Accident Claims

Florida’s ‘Move Over’ law is a critical piece of legislation aimed at protecting emergency workers and ensuring road safety. Understanding how this law affects personal injury claims can be crucial if you’re involved in an accident where the law might apply.

Overview of the ‘Move Over’ Law

Florida’s ‘Move Over’ law, codified in Section 316.126 of the Florida Statutes, requires drivers to move over or slow down when approaching stationary vehicles displaying emergency lights. This includes police cars, fire trucks, ambulances, and other emergency service vehicles. The law also extends to tow trucks and service vehicles with flashing lights.

Key Provisions of the Law

Move Over Requirement: If you’re driving on a road with multiple lanes in the same direction and you see an emergency vehicle with flashing lights, you must change lanes to provide a safe distance. If changing lanes is not possible, you must reduce your speed.
Penalties for Non-Compliance: Failing to comply with the ‘Move Over’ law can result in fines and points on your driving record. The exact penalties depend on the specifics of the violation and whether it resulted in harm to emergency workers or others.

Impact on Personal Injury Claims

Determining Fault: If an accident occurs and the ‘Move Over’ law is relevant, it can significantly impact the determination of fault. If a driver failed to move over or reduce speed and this failure contributed to the accident, they may be found liable for damages.
Evidence Collection: In cases where the ‘Move Over’ law is involved, gathering evidence is crucial. This includes collecting witness statements, accident reports, and any available footage that shows whether the driver complied with the law.
Insurance Claims: Insurance companies will consider the ‘Move Over’ law when assessing claims. If a driver violated the law and this contributed to the accident, the insurance company might hold them responsible for a greater share of the damages.
Legal Implications: In personal injury lawsuits, proving a violation of the ‘Move Over’ law can strengthen the case. It can show that the other party was negligent and that their negligence directly led to the accident and resulting injuries.

Practical Steps for Drivers

Always Stay Alert: Pay attention to emergency vehicles and be prepared to move over or slow down as required by law.
Document the Scene: If you are involved in an accident where the ‘Move Over’ law might be a factor, document the scene thoroughly. This includes taking photos of the vehicles involved, noting the positions of the vehicles, and recording any relevant details about the emergency lights.
Consult with an Attorney: If you are injured in an accident involving a violation of the ‘Move Over’ law, consult with a personal injury attorney. They can help navigate the complexities of your case, gather necessary evidence, and advocate on your behalf.

Conclusion

Florida’s ‘Move Over’ law plays a significant role in maintaining road safety and can have substantial effects on personal injury claims. Understanding how this law influences liability and insurance claims can help drivers and accident victims manage their cases more effectively. Always be aware of and comply with the ‘Move Over’ law to protect both emergency personnel and yourself while driving.