Have you heard of Arizona's “Move Over” law? A.R.S. 28-775, or the “Move Over” law, was enacted in 2005 due to an increase in injury and fatality in police officers and emergency personnel?. The motivation for this law was to ensure safety while stopped on the side of the road. A.R.S. 28-775 states:
- If a person who drives a vehicle approaches a stationary vehicle and the stationary vehicle is giving a signal by displaying alternately flashing lights or is displaying warning lights, the person shall do either of the following:
- If on a highway having at least four lanes with at least two lanes proceeding in the same direction as the approaching vehicle, proceed with due caution and if possible, with due regard to safety and traffic conditions, yield the right-of-way by making a lane change into a lane not adjacent to that of the stationary vehicle.
- If changing lanes would be impossible or unsafe, proceed with due caution and reduce the speed of the vehicle, maintaining a safe speed for road conditions.
As emergency personnel are stopped near or on the road, passing drivers must slow down and merge (move over) into an adjacent lane that is away from the activity. When there is no adjacent lane travelling in the passing car's direction, drivers must slow down and proceed cautiously. At our Phoenix personal injury law office we see unnecessary and sometimes deadly collisions that are the result of drivers not using caution when passing stopped vehicles. Following the “Move Over” law creates a boundary area that lowers a driver's risk of causing a deadly collision.
Jay Ciulla is a personal injury and wrongful death lawyer practicing throughout Arizona.