Each year, hundreds of people are killed in accidents in which vehicles have pulled over to the side of the road. Even when lights are flashing and flares are lit, some drivers don’t pay attention. If they’re distracted at the wrong moment, they could cause an accident.
That danger was the basis for Ohio’s “move over” law, which requires drivers to slow down and move over for any vehicle with flashing lights on the side of the road. According to the Ohio Department of Transportation, “[t]he law applies to vehicles with flashing lights of any color, including law enforcement officers, emergency responders, road construction, maintenance vehicles, utility crews and tow trucks.”
Wherever you are, however you’re driving, be prepared to move over, slow down and pay careful attention to your surroundings. The “move over” law applies to all roadways and highways in the state—and if you fail to comply, the fines are doubled.
If you’ve been injured by a negligent driver who failed to move over, the Law Offices of Tim Misny can help.
Negligence and car collisions
Most car accident claims are a type of negligence case. To prove negligence, the plaintiff must show:
- The defendant had a duty to act in a certain way (in this case, driving safely and following the “move over” law);
- The defendant breached that duty (failed to slow down and move over);
- The breach caused harm to the plaintiff; and
- The plaintiff suffered actual harm (close calls and the possibility of being injured don’t count).
If the defendant violated the “move over” law, causing the accident, the negligence per se theory may apply. This makes it easier for plaintiffs to prove their case.
In short, “[i]n a torts case, a defendant who violates a statute or regulation without an excuse is automatically considered to have breached her duty of care and is therefore negligent as a matter of law. As a result, the only thing that must be proven at trial is whether the violation was the cause in fact and proximate cause of the plaintiff’s injury.” The plaintiff’s lawyer doesn’t have to waste time arguing that the defendant had a duty: the law they violated clearly establishes that.
Negligence per se also applies to other laws, including traffic violations, drunk driving and more. If you’ve been harmed by a negligent driver, we can fight to get you the compensation you deserve. Schedule a consultation with the Law Offices of Tim Misny today.
Discuss your case with an Ohio negligence attorney today
When a negligent driver injures you or a loved one, I’ll Make Them Pay!® Call my office at (800) 556-4769 so that I can evaluate your case right away. We’ll work to hold them responsible for your pain and suffering, lost income, medical bills and more.