A crash related to the Arizona Move Over law creates complex questions about liability and the path to financial recovery. An accident's legal challenges demand a clear-eyed assessment of the facts and a strong strategy to protect your rights.
This law places a clear duty on drivers to act safely around stopped vehicles. A driver who ignores this duty introduces a serious hazard to the roadway.
If you were injured because another driver failed to comply with Arizona’s Move Over law, you face the task of connecting that violation to your losses. This process requires a detailed look at the evidence and a firm grasp of state traffic and personal injury statutes.
Key Takeaways for Arizona’s Move Over Law
- The law mandates that drivers move over one lane when approaching any stationary vehicle with flashing hazard lights.
- A driver must slow down to a reasonable and prudent speed if moving over is unsafe or impossible.
- The statute protects police and emergency responders, tow trucks, utility vehicles, and stranded motorists.
- A violation can serve as powerful evidence of negligence in an accident claim.
- Failing to comply with the law can result in significant fines and points added to a driver's license record.
What the Arizona Move Over Law Requires of Drivers
Arizona’s Move Over law, officially found in Arizona Revised Statutes 28-775, outlines specific actions all motorists must take to protect individuals on the roadside. The statute's goal is to create a safe buffer of space around stopped vehicles, reducing the risk of a roadside collision.
Compliance isn't a suggestion; it’s a legal command.
Many drivers associate this law only with traditional emergency responders. However, the statute's protections are much broader, and every driver is responsible for knowing its full scope. A lack of awareness doesn’t excuse a violation that leads to an accident.
Moving Over for Stationary Vehicles
The primary requirement of the Arizona Move Over law is for a driver to make a lane change when approaching a stationary vehicle displaying flashing lights. This applies to any roadway with two or more lanes of travel in the same direction.
The driver must shift into a lane not directly adjacent to the stopped vehicle. This action creates an open lane next to the roadside workers or stranded motorists, giving them space to operate safely. It minimizes the danger of being struck by a passing car.
Reducing Speed
The law also accounts for situations where changing lanes may not be possible or safe. If traffic is heavy or you’re on a single-lane road, you may be unable to move over safely. In this case, your duty shifts: You must reduce your speed and proceed with caution.
The statute requires you to maintain a safe speed for the specific road conditions and be prepared to stop. Slowing down provides a critical reaction time for both you and the individuals on the shoulder.
Which Vehicles Does the Law Protect?
A common misconception is that the law only applies to police cars, ambulances, and fire trucks. While it certainly protects these first responders, the Move Over law was expanded to protect everyone. It applies to any stationary vehicle with its hazard lights or other warning signals activated.
This inclusive protection covers a wide range of situations. Common examples include:
- Stranded Motorists: A driver on the shoulder of the highway changing a flat tire.
- Tow Truck Operators: Roadside assistance professionals helping another driver.
- Utility Workers: Municipal or private company employees performing maintenance from the roadside.
- Road Maintenance Crews: State or local workers improving the highway infrastructure.
- Law Enforcement: A state trooper conducting a traffic stop.
Penalties for an Arizona Move Over Law Violation
Arizona authorities take violations of Arizona’s Move Over law seriously. The state has established a clear penalty structure to discourage non-compliance. These consequences extend beyond a simple fine and can affect a person’s driving record and insurance rates for years to come.
A citation for failure to move over is more than a minor inconvenience. It acts as a formal record of a driver's failure to operate their vehicle with proper care. In the context of an accident, this citation becomes a key piece of evidence.
A driver who fails to follow the statute commits a civil traffic violation. The specific penalties can depend on the jurisdiction and the driver's history.
These consequences include:
- Specific Fines: A first violation carries a civil penalty of $275. A second violation within five years carries a penalty of $500. A third (or subsequent) violation within five years carries a penalty of $1,000. Court fees and surcharges may increase what a driver actually pays.
- Points on Your License: The Arizona Motor Vehicle Division (MVD) administratively assigns two points to a driver's record for a conviction of this moving violation.
- Increased Insurance Premiums: Insurance companies often review driving records. A citation for violating the law may be considered in assessing risk and setting premiums, though the law itself doesn’t mandate premium changes.
How a Violation Can Impact Your Accident Claim
When another driver's failure to obey the Arizona Move Over law causes your injuries, their violation provides a direct link between their wrongful action and your resulting harm. Demonstrating this link is the foundation of a successful personal injury case.
Your case focuses on the principle of negligence. You must show that the other driver had a duty to operate their vehicle safely, they breached that duty, and that breach caused your damages. A violation of a traffic safety law serves as powerful evidence of that breach.
Establishing Negligence Through the Law
Arizona personal injury law recognizes a concept known as "negligence per se." This legal doctrine allows you to use a defendant's violation of a public safety law, like Arizona’s Move Over law, to establish the first two elements of negligence—duty and breach.
Instead of debating what a reasonable driver would do, the statute itself defines the minimum standard of care.
The other driver's citation for violating the rule proves they failed to act with the required caution. You still have to show that this failure caused your injuries, but the violation makes the negligence argument much more direct.
The Role of the Police Report
The official police report from your accident contains critical information. It documents the officer's observations at the scene, witness statements, and any citations they issued. A report that cites the other driver for an infraction provides objective evidence that supports your version of events.
Insurance adjusters and opposing counsel review this report carefully. When it clearly indicates that a traffic violation caused the collision, it strengthens your negotiating position, putting pressure on the at-fault driver's insurance provider to handle the claim fairly from the beginning.
What if You Believe You Were Also Partially at Fault?
Arizona follows a pure comparative negligence rule in personal injury cases. This means that even if an investigation finds you partially responsible for the accident, you don’t lose your right to recover compensation. However, your percentage of blame reduces your payout.
For example, if a court determines that your damages total $100,000 and you were 5% at fault for the crash, you would receive $95,000. A violation by the other driver often shows they carry the vast majority of fault, but your own actions leading up to the crash also face scrutiny.
How a Lawyer Helps With an Arizona Move Over Law Case
Pursuing an accident claim that involves an Arizona Move Over law violation requires attention to detail and a command of the legal process. A personal injury attorney handles the complexities of your case so you can focus on your physical recovery.
They work to protect your rights and build the strongest possible claim for compensation.
A lawyer’s assistance includes:
- Investigating the Accident: Your attorney gathers all available evidence, including the police report, witness statements, traffic camera footage, and photographs from the scene, to create a clear picture of how the crash happened and prove the other driver's fault.
- Calculating Your Total Damages: They work with you and your medical providers to document the full extent of your losses, including current and future medical expenses, lost wages, and pain and suffering, to arrive at a fair valuation of your claim.
- Communicating With Insurers: A lawyer manages all correspondence and negotiations with the insurance adjusters on your behalf. They present the evidence and counter any attempts to undervalue or deny your claim.
- Filing a Lawsuit: If the insurance company refuses to offer a fair settlement, your attorney can file a formal lawsuit and represent your interests in court, litigating your case to a final verdict.
FAQ for Arizona Move Over Law
What Does the Arizona Move Over Law Require if I Can’t Change Lanes?
The law requires you to slow down if you cannot safely change lanes when approaching a stationary vehicle with flashing lights. You must reduce your speed to a level that is both reasonable and prudent for the current road conditions and proceed with caution as you pass.
Does the Law Only Apply on Major Highways?
No, Arizona’s Move Over law applies to all public roads and highways throughout the state, including interstates, state highways, and local city streets. Any law enforcement officer can enforce the statute.
What Is the Difference Between the Move Over Law and Yielding to an Approaching Emergency Vehicle?
Arizona’s Move Over law applies to stationary vehicles that are already pulled over on the side of the road with flashing or warning lights. The requirement to yield the right-of-way applies to approaching emergency vehicles using their sirens and lights to move through traffic.
If an emergency vehicle is approaching, you’re generally required to yield by pulling to the right side of the road and stopping until it passes, if it’s safe to do so.
How Can an Arizona Move Over Law Violation Affect My Accident Case?
A violation of Arizona’s Move Over law can be used as direct evidence of negligence in an accident claim. It shows the at-fault driver failed to follow a clear safety statute, which breached their duty of care to others on the road. This strengthens your argument for liability and compensation.
What if the Vehicle on the Shoulder Didn’t Have Its Lights Flashing?
The legal requirement for you to move over or slow down is triggered by a stationary vehicle displaying alternately flashing lights or other warning lights. If the stopped vehicle didn’t have any lights activated, the specific duties under Arizona Revised Statutes 28-775 may not apply.
However, every driver still has a general duty to operate their vehicle with reasonable care for the conditions around them.
Building Your Path Forward
An accident caused by another driver's failure to follow traffic safety laws can turn your world upside down, shifting your focus from daily routines to medical appointments and financial worries. Securing your future begins with making informed decisions about your legal options.
Taking action to hold a negligent driver accountable is a positive step toward rebuilding your life. If you were injured in an accident involving a violation of the Arizona Move Over law, reach out to the team at Gallagher & Kennedy.
We can help you understand your rights and the next steps in the legal process. Call us today at (602) 530-8400 to schedule a free consultation.