"Move Over" Law Not Being Followed in Virginia

Ben Glass
Attorney
(866) 735-1102 Ext 320
Posted by Ben GlassJuly 02, 2008 3:13 PM

The law is on the books in 48 states, but 71 percent of Americans are unaware of its existence.

According to law enforcement officers, the need for motorists to be educated about the “move over law” has reached a critical point after four Virginia State Police troopers sustained personal injuries over the past three months from drivers who failed to slow down or change lanes.

Recently on Interstate 81 near Blacksburg when a VSP road officer had to leap into his cruiser and across the driver’s seat in order to avoid being hit by a tractor-trailer. The truck jackknifed after slamming into the trooper’s vehicle.

In that same week, an officer of the Tennessee Highway Patrol was hit by a motorist from Florida while working traffic on his motorcycle at the Bonnaroo Music Festival in Coffee County, Tenn. The trooper sustained injuries to his shoulder and ankle.

In February, Trooper K.S. Chapman sustained serious personal injuries along a stretch of I-81 in Smyth County when a drunken driver struck his cruiser as he was sitting in it on the shoulder of the road following a traffic stop. He currently remains on medical leave.

There are laws in place in both Tennessee and Virginia for the protection of roadside officers.

In Virginia , if a driver fails to change lanes or slow down in order to accommodate an officer working an accident or issuing a ticket may be charged with a Class 1 misdemeanor, which carries a punishment of fines of up to $2,500 and possible time in prison.

A Mason-Dixon poll conducted for the Florida-based organization Move Over America, which is underwritten by the National Safety Commission, showed that 71 percent of people polled were not aware of the “move over” laws.

There have been 151 officers killed in roadside accidents because of motorists who do not merge into another lane or slow down since 1997.

1 Comment

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Tony Smith
Posted by Tony Smith
July 31, 2008 8:12 PM

I commented on this before, and I said the move over law could cause accidents. I was not aware of the number of troopers killed and injured. It is still my opinion the troopers need to go to the driver's side, or instruct the driver to move to a safe area like the next exit. I have seen the crash videos that show troopers going to the right side of the vehicles and they were able to dodge the car or truck crashing into them. We can't enforce the knuckleheads who aren't paying attention, and if someone hits a trooper(or a motorcyclist) because they "weren't looking" should pay a stiffer fine and jail time. A motor vehicle is a privilege, and those who are not acutely aware of the potential for hurting someone (that includes me as well) should pay the price. Slowing down while driving gives you more time to react to road situations, saves gasoline, and protects you, the public, and troopers. People these days are constantly going ten to fifteen mph faster than the posted limit. Slowing down also decreases the reason for the troopers having to pull us over.

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