What is the NJ Move Over Law?

New Jersey’s move-over law was enacted to protect the people who protect the people who use our roads. The law requires that drivers in New Jersey move to nonadjacent lanes when they see roadside helpers so that their vehicles don’t come too close to first responders who are helping drivers or helping the public. The move-over law applies only if it is safe for a driver to move to another lane. Whether a driver can or cannot move over, drivers should also slow down when they see anyone who is outside of their vehicle.

What is New Jersey’s move-over law?

New Jersey’s “move-over” law provides as follows:

Motorists who:

• Approach a stationary “authorized emergency vehicle” (an authorized emergency vehicle includes fire department vehicles, police vehicles, ambulances, and other approved vehicles)
• That is “displaying a flashing, blinking or alternating red or blue light or, any configuration of lights containing one of these colors”
• Shall approach with due caution, and unless there is a direction from a law enforcement officer:
  • “Make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety and traffic conditions,” or
  • Reduce the speed of their vehicle if a lane change is not possible or unsafe – to a speed less than the posted speed limit, and be ready to stop.

The same duty to change lanes or reduce the speed of a vehicle applies to drivers approaching a stationary tow truck, a highway maintenance or emergency service vehicle, or a stationary sanitation vehicle.

The same duty to change lanes or reduce speed also applies to drivers who approach “a disabled vehicle that is flashing hazard warning signal lights or utilizing road flares or reflective triangles.”

What are the consequences of failing to move over?

Violations of New Jersey’s move-over law can result in a fine between $100 and $500. Violations do not result in any points on a driver’s driving record unless the stationary vehicle displays blinking, flashing, or alternating lights (or is using road flares or reflective triangles) at the time of the third or subsequent violation. A person’s insurance carrier will likely increase their motor vehicle insurance as a result of one of these offenses.

The failure to move over may be evidence of negligence if a first responder, tow truck worker, highway maintenance (construction) worker, emergency service worker, or sanitation worker suffers injuries or dies due to being struck by a driver who fails to move over.

How does New Jersey’s move-over law protect first responders and non-emergency roadway personnel?

Many police officers, emergency workers, and other workers who provide assistance by stopping their vehicles can be struck by cars for various reasons. New Jersey’s move-over law attempts to address these reasons/causes of roadway car accidents. These causes include the following:

• Many drivers who are distracted because they’re texting or talking on their mobile phones have little time to recognize or respond to an emergency. Forcing these drivers to move to another lane of travel helps protect anyone outside their car who is helping a driver, fixing a road, or providing a public service. The flashing and blinking lights should be sufficient to alert attentive drivers that there is danger ahead.
• The people who help disabled vehicles, fix roads, speak with (or cite) drivers, or assist drivers need extra protection because they’re vulnerable. They have no protection if they are struck. The combination of a person and a car takes up a full lane or even part of a second lane, which necessitates moving over several lanes if possible.

What types of injuries do victims of failure-to-move-over accidents suffer?

Drivers who strike police officers, emergency healthcare providers, tow truck operators, and others who are helping drivers when emergencies happen often cause serious and catastrophic injuries, including traumatic brain injuries, spinal cord damage, broken bones, traumatic amputation, nerve and muscle damage, organ damage, and many other life-changing injuries. Sadly, many failure-to-move accidents are fatal.

Our Cherry Hill car accident lawyers and pedestrian lawyers work with your doctors to verify the medical diagnosis of your injuries, understand the full range of medical care you will need, review every way your injuries are affecting every aspect of your life, and the cost of your medical care. We demand compensation for your medical expenses, income losses, physical pain, emotional suffering, and property damage.

At Ferrara & Gable, we also file wrongful death claims if a failure-to-move-over accident is fatal.

How do you show a driver failed to move over in Cherry Hill?

At Ferrara & Gable, our personal injury attorneys help prove that a driver’s failure to move to another lane is the cause of an accident by:

• Speaking with any police officers when the accident occurs or who are called to the accident site.
• Working with investigators who investigate the accident site and the reasons that the vehicle was stationary.
• Questioning everyone who has knowledge about why the vehicle was stationary, what assistance was being provided, and why the driver who caused the accident was negligent (including why they failed to shift to another lane).
• Examining any relevant records, such as formal requests for assistance and written reports of the accident.

Like most motor vehicle laws, New Jersey’s move-over law is intended to decrease the rate of accidents and keep motorists safe. As a result, if you were involved in any type of car accident in Camden County or South Jersey, including those involving a motorist who failed to move over, call Ferrara & Gable now or complete our contact form to schedule a free consultation.