In Nevada, drivers have a duty to move at least one lane over or reduce their speeds when approaching a traffic incident.
This is known as the “Move Over” law, and it is in place to help prevent car accidents with vehicles stopped on the side of the road. Violating Nevada’s Move Over law is a misdemeanor offense.
Understanding Nevada’s Move Over Law Requirements
The Move Over law is found in Nevada Revised Statutes § 484B.607. This law requires a driver approaching a traffic incident to do all of the following:
- Slow down to a speed that is “reasonable and proper” for the circumstances,
- Proceed with caution,
- Be prepared to stop, and
- Move over into a lane that is not adjacent to the lane where the traffic incident is located, unless the traffic, road or weather conditions make doing so unsafe or impossible.
The Move Over law applies to every motor vehicle driver in the absence of other direction given by a law enforcement or traffic control officer.
Protected Vehicles Under Nevada’s Move Over Law
A “traffic incident” does not only refer to a car crash with disabled vehicles on the side of the road.
It describes any “vehicle, person, condition or other traffic hazard that is located on or near the roadway and poses a danger to the flow of traffic or to a person who is involved in responding to or assisting with a traffic hazard.”
This includes:
- Emergency vehicles
- First responders
- Tow trucks and roadside assistance vehicles
- Highway maintenance crews
- Department of Transportation (DOT) vehicles
- Public utility vehicles
- Local government agency vehicles
Any authorized vehicle that is moving slower than surrounding traffic or has stopped with its lights or sirens activated should be given ample space by other drivers to operate safely.
These vehicles are typically offering aid to others and should not be at risk of being struck by surrounding cars.
Nevada Move Over Law Penalties and Consequences
Anyone in Nevada who fails to safely move over at least one lane or reduce their speed to accommodate traffic incidents when required is guilty of a misdemeanor.
The penalties for this infraction can include a fine of $395 (or $790 in a work zone) and four points against the driver’s license. If the violation results in injury or death, the individual can also face criminal charges and jail time.
Legal Consequences Beyond Traffic Tickets
If a driver fails to change lanes when required to do so by law, does not reduce speed in work or construction zones, or engages in dangerous distracted driving behaviors at emergency scenes, he or she could face civil and criminal liability.
Move Over law violations that result in automobile accidents can make the driver liable, or financially responsible, for victims’ injuries and medical bills.
Failing to abide by the Move Over law is evidence of fault or negligence, meaning the driver’s failure to act with proper care.
Stay Safe and Legal on Nevada Roads
As a driver in Nevada, you have a responsibility to pay attention to the road and be constantly alert for potential hazards, including stopped emergency and utility vehicles.
You must obey all speed limit and work zone signs.
Stay vigilant and change lanes far in advance of a stopped vehicle to be safe. If you cannot move over, slow down to at least 20 miles per hour below the posted speed limit.
If you get involved in a car accident with a distracted, negligent or aggressive driver in Nevada who failed to properly move over, contact Edward Bernstein & Associates for a free consultation with a car accident attorney near you.