What Is the Indiana Move Over Law?

The Indiana Move Over or Slow Down law was amended in July 2023. It requires all motorists to move over or slow down when they are approaching a vehicle that is disabled and flashing hazard lights. The original form of this law just required motorists to move over or slow down when an emergency vehicle was stopped on the side of the road. This update is important to consider whether you are a driver on the road or a person struck by a driver not moving over.

At Theodoros and Rooth, P.C., our Northwest Indiana auto accident lawyers provide comprehensive legal support and guidance to victims facing these serious accidents. If you were hurt, contact us for exceptional legal representation you can rely on when this occurs. What is the Indiana move over law? Find out more in the event you are injured in a Valparaiso, IN, accident.

What You Need to Know About the Indiana Move Over Law

The Move Over law in Indiana has a number of rules to it. As noted, vehicles approaching a disabled vehicle with flashing hazard lights on it must move over to navigate around that driver or slow down considerably as they pass. This aims to protect those who are within that car or just outside of it from being struck by fast-moving vehicles.

In addition, the Move Over law requires that no driver can stop, stand, or park on the side of the highway unless there is an emergency. This aims to reduce the risk of serious accidents and injuries that occur when a vehicle is on the side of the road or otherwise blocked by traffic.

The Move Over Law applies to all state roads, including two-lane roads. On these roads, it may not be possible to switch lanes to go around the disabled vehicle. Drivers who cannot move over must slow down to no more than 10 miles per hour as they move beyond the accident.

Also, this law is not just about disabled or emergency vehicles. It is also critical for drivers to move around construction vehicles, mail trucks, emergency vehicles, and others. If a vehicle is in the right lane, it is critical for drivers to move around instead of stopping behind the driver.

Another component of this law is that it requires drivers to yield the right of way and move to the right lane in situations where they see an emergency vehicle behind them. Whenever possible and safe, the driver should pull to the side of the road, turn on their flashers, and wait for the emergency vehicle to pass before moving forward.

What Are the Benefits of the Indiana Move Over Law?

It can be quite important for drivers to know how to react when a vehicle cannot operate safely on the roadway. In these situations, drivers who do not move over put others at risk of serious injury in numerous ways. For example, it can cause a backup that leads to collisions. A driver trying to manage a flat tire could also be faced with serious injuries and even a life-threatening outcome if another driver is not paying attention as they pass.

The Move Over Law offers a number of specific benefits to the public as a whole.

Improves roadside safety. The main objective of this law is to make roads safer. It does this by providing instruction to drivers about the importance of moving over when a vehicle is stalled or an emergency vehicle is present. This helps to protect roadside workers from injury while they handle that accident or incident.
Improves traffic control. A simple slow down on a highway may be limitedly problematic, but when a driver does not move over and one lane of traffic is blocked, that can lead to ongoing concerns with backed-up traffic.
Reduction of collisions. When people move over, there is less risk of a collision occurring. Specifically, this law helps to minimize the risk of accidents with emergency workers, including tow trucks, as well as other vehicles who are trying to maneuver around the accident.
Protects the public. In general, moving over like this helps to protect anyone who may be on the road and unable to move their vehicle. A stalled vehicle with flashing lights is one that other drivers can avoid and are less likely to slam into.
Meets lowered fatality and injury goals. The law also reduces the number of people who die in these types of accidents. That includes not just drivers but also emergency workers, police responding to the accident, and tow truck operators.

The Move Over Law aims to make roadways safer in all situations. Drivers must know and follow the law for that to happen.

What Happens When Drivers Do Not Abide by the Move Over Law in Indiana?

The real risk occurs in striking a person. If a driver fails to pull over when a disabled vehicle is on the side of the road, it can lead to a serious risk of injury to the person in the disabled vehicle, the emergency crew working on it, or other drivers on the roadway. These risks can be life-threatening.

Yet, there are also punishments for those who make the decision not to pull over. The first is that the police could charge the driver in violation with a Class A infraction if you are approaching a vehicle that is broken down on the side of the road. A conviction for a Class A infraction is to provide a fine of up to $10,000. You may also lose your license for several years.

This becomes a Class B vehicle in situations where you do not get around a utility, construction, garbage, or other truck. In this situation, you could still face a fine, generally around a $1,000 fine.

In situations where a driver fails to move over and strikes another person, causing death or serious injury, they could be charged with a Level 6 felony. These laws are strict and can lead to serious fines as well as up to 2.5 years in prison.

What to Do If You Are Struck in a Roadway Accident

In situations where you are struck while you are in a disabled vehicle with flashing lights in place, the person who caused your injuries and the accident could be liable for the losses you have. Without a doubt, this type of roadway accident can be serious and have long-term implications for those responsible. Consider what you should do in a case like this.

Take Care of Your Safety First

The most important step to take is to be safe. If you are struck, call 911 and get medical care, go to the hospital to document your injuries, and work towards your recovery.

Document What Occurred

If it is safe to do so, document the scene at the time of the accident. Take photos of the incident, surrounding areas, and the other person’s vehicle. It is also beneficial to get all contact information for all people involved. Avoid making any statements about your injuries or fault. For example, do not say, “I am sorry I did not see you.”

In a case like this, you may have extensive injuries. You will need to document these over time. Some examples include:

Broken bones and sprains
Traumatic brain injuries
Loss of mobility
Loss of quality of life
Pain and suffering
Disability
Road rash and other disfigurement

Your losses may include even more. That includes damage to your health, length of time, and ability to live the way you desire. Let your attorney help you build a strong case for any losses you have.

Contact Our Legal Team

As soon as you are safe, seek legal help for your case from our team. The police may fine the person who struck you in this accident. They may face fines and criminal charges that could result in jail time in some cases. However, this does not do anything for you. To recover damages in your case, you need to file a comprehensive claim that stands up to the insurance company’s questions.

By having an attorney by your side through this process, you will know:

What your legal rights are
What options do you have for pursuing full and fair compensation
How to handle the claims made against you
Determine what all of your losses are
Negotiate with confidence

Our car accident attorneys will provide you with exceptional insight into your options in this case. We become your advocate throughout the legal process.

Document All of Your Losses

When you are struck by another driver for any reason, including because they did not move over on the highway, it is up to you to document all of the losses you have. To do this, you will need to consider what those losses are including:

Medical costs
Lost time at work
Pain and suffering
Emotional trauma
Damage to your property

Our attorneys will discuss your case with you openly and thoroughly with the objective of building a solid level of evidence. With the help of our attorneys, you will know what all of your legal options are for magnifying your losses.

Negotiate with the Insurance Company

When you work with our legal team, you can expect us to be aggressive about filing your insurance claim and maximizing your recovery. Insurance companies will take numerous steps to reduce what they owe to you, and they do so with a constant focus on their profits. Our legal team can help in several ways:

We demonstrate fault fully. Our legal team will work closely with you to determine your losses. We do that by looking at all the evidence available. This enables us to provide clear evidence that is hard for the insurance company to refute.
We do not let them trip you up. Insurance companies may try to ask you many questions they do not need answers to. They may try to push you to settle your claim quickly for less than you are owed. We handle all of the conversations so you do not have to become a victim again.
We go to trial when it is necessary to do so. Most of the time, this is not necessary. Our attorneys will pursue full compensation and negotiate the highest settlement possible. If we need to go to court, we will.

By enabling our attorneys to handle your case for you, you can breathe a bit easier. We have the experience you can rely on and are always working hard in the community.

When You Are a Victim, You Need an Advocate

At Theodoros and Rooth, P.C., we provide you with the reliable legal guidance you need. You were the victim of an accident someone else could be responsible for, and you deserve an attorney who will fight for you. There are many reasons why our clients come to us over others.

Our team has 100 years of combined legal experience. There are very few types of cases we cannot help you with with that level of experience.
You pay us nothing if you do not win your case. Our personal injury legal services are always contingency-based, which reduces any risk to you when working with us.
We get results. Over the years of our experience, we have helped victims recover millions of dollars in losses.

Our legal team is committed to you and your case. Reach out to us now. Let us answer your questions about the Move Over Law as well as who may be responsible for the losses you have now. Expect us to be there from the start of your case, and be sure to read about the T&R pledge.

Schedule a Free Consultation with Our Attorneys Now

The Move Over Law in Indiana helps minimize the risk of being hurt due to the actions of another driver who is not paying attention to the road with you. Let us fight for you. At Theodoros and Rooth, P.C., schedule a free consultation with our legal team today. Let us help you determine what your rights are and how we can help you recover fair compensation for the losses you incurred when looking at the question of what is the Indiana move over law?