The heart-stopping moment when emergency lights flash in your rearview mirror or you spot a disabled vehicle on the roadside creates an immediate obligation for Kansas drivers. Kansas’s Move Over law requires drivers to change lanes or slow down when approaching stationary emergency or maintenance vehicles with flashing lights. This crucial traffic regulation serves a dual purpose: protecting vulnerable roadside workers and establishing a clear standard of care that can significantly impact liability determinations in highway accident cases.
At Hollis Law Firm, we help injured clients understand how traffic laws like the Move Over statute can affect their personal injury claims. If you were injured in a highway accident where another driver failed to move over or slow down as required by law, this violation may strengthen your claim for compensation. Our attorney has been practicing for 15 years and knows how to utilize traffic law violations to build compelling cases for our clients.
What Is Kansas’s Move Over Law?
Kansas’s Move Over law (K.S.A. 8-1530) creates specific legal obligations for drivers approaching certain stationary vehicles on highways. Understanding these requirements is essential for both safe driving and determining liability in accident cases.
The law requires drivers to:
- Vacate the lane closest to the stationary emergency vehicle if safe and possible to do so
- Significantly reduce speed and proceed with caution if changing lanes isn’t possible
- Be prepared to stop if necessary to avoid a collision
- Maintain these precautions until safely past the stationary vehicle
The law applies when approaching authorized emergency vehicles, tow trucks, highway maintenance vehicles, utility service vehicles, and waste collection vehicles that are displaying flashing lights. This protection extends to the vulnerable workers who must perform their duties dangerously close to highway traffic.
Knowing these specific requirements helps you not only drive safely but understand your rights if injured by a driver who failed to follow these rules.
How Move Over Violations Affect Accident Liability
When a driver ignores the Move Over law and causes an accident, this violation significantly impacts liability determinations in resulting injury claims. This legal concept can make a substantial difference in your case.
Negligence Per Se
Violation of the Move Over law may constitute “negligence per se,” a legal doctrine that essentially establishes negligence automatically when someone violates a safety statute. In practical terms, this means if another driver failed to move over or slow down as required by law and caused your accident, proving liability may be more straightforward than in other accident scenarios.
For example, if you were working in a highway construction zone and were struck by a driver who failed to move over despite clear warning signs, that driver’s violation of the Move Over law would be compelling evidence of negligence. This violation creates a presumption that the driver breached their duty of care, a crucial element in any personal injury claim.
Comparative Negligence Considerations
Kansas follows a modified comparative negligence system, meaning your compensation may be reduced by your percentage of fault, if any. However, if you can prove the other driver violated the Move Over law, this can shift more fault to them and maximize your potential recovery.
A driver who fails to move over for emergency vehicles not only breaks the law but demonstrates a clear disregard for safety that judges and juries may find particularly concerning.
Protecting Your Rights After a Move Over Law Violation Accident
If you’ve been injured in an accident involving a Move Over law violation, taking prompt action can help protect your right to fair compensation. Your immediate steps after such an accident can significantly impact your case outcome.
After ensuring your immediate safety and seeking medical attention, documenting evidence of the Move Over violation becomes crucial. This might include:
- Photographs of the accident scene showing emergency vehicles with flashing lights
- Contact information for witnesses who observed the other driver’s failure to move over
- Police reports noting any traffic citations issued for Move Over law violations
- Any available traffic or surveillance camera footage that captured the incident
This documentation helps establish that the other driver’s failure to follow the Move Over law directly contributed to your injuries. The more evidence you can gather showing this connection, the stronger your case may be.
Contact a Kansas City Personal Injury Lawyer Today
The aftermath of a highway accident can be overwhelming, especially when complicated by Move Over law violations. Our lawyer may be able to help you receive fair compensation for your injuries, medical expenses, lost wages, and pain and suffering.
At Hollis Law Firm, we have collected over $100 million in settlements and judgments for our clients. Our approach focuses on understanding your needs, providing the education you need to make informed decisions, and taking decisive action based on your choices. If you’ve been injured in an accident where another driver failed to follow Kansas’s Move Over law, call us at (800) 701-3672 or complete our contact form.
