According to the Colorado Department of Transportation (“CDOT”), traffic-related incidents are the leading cause of death for law enforcement officers, fire, EMS, maintenance workers, and tow truck professionals. Colorado’s original Move Over Law was enacted seven years ago to protect law enforcement officers and other emergency workers from being injured during traffic stops or emergencies along the roadway. In the following article, the car and truck accident lawyers at Bowman Law highlight the progression of Colorado’s Move Over Law and discuss how car the law may impact car accidents in Colorado.
Every day, first responders take on personal risk to serve our communities and save lives. Even a routine traffic stop can be incredibly dangerous. This is why Colorado started by enacting strict laws to help prevent accidents.
In 2016, Colorado State Trooper Cody Donahue was struck and killed by a commercial vehicle traveling on northbound I-25 while he was investigating a minor accident. At the time of impact, Trooper Donahue was standing outside of his patrol car wearing a reflective vest. He was the third Colorado State Trooper within an 18-month period to be struck and killed by a passing vehicle on I-25 while conducting an accident investigation or engaging in a routine traffic stop.
Stemming from this tragedy, in 2017, Governor John Hickenlooper signed the “Move Over Law,” a legislative initiative designed to protect law enforcement and other emergency vehicles on the side of the roads.
Under Colorado’s Move Over Law, drivers were required to move one lane when approaching a stationary emergency vehicle with lights flashing or, if unable to move, to slow down to least 10 MPH less than the posted speed limit. Failure to slow down or move over constituted a misdemeanor careless driving offense, which could have escalated to a more serious charge if the driver’s actions resulted in injury or death.
The law was passed due to the alarmingly high number of injuries and deaths from collisions with vehicles and workers stopped on the side of the road. Specifically, Colorado’s Move Over Law was enacted to protect emergency workers, first responders, police officers, state troopers, tow truck drivers, public utility workers and other roadside assistance workers.
The law was enacted to ensure Colorado drivers approach situations on the side of the road with caution, providing a buffer of safety for those working on the side of the road.
Unfortunately, a survey by AAA revealed more than 25% of people were not aware of their state’s respective Move Over Law.
According to the Colorado Department of Transportation (“CDOT”), in 2022, traffic accidents resulted in the deaths of 754 people in Colorado – the most roadway deaths the state has seen in over 40 years. 36% of the 754 people killed last year were outside of their vehicles. Despite the penalties highlighted above, there continues to be an overwhelming problem with deaths along roadways. On average, 350 people across the country are struck and killed every year while outside a disabled vehicle.
In January of 2023, Governor Jared Polis signed into law HB23-1123 to provide greater protection for people and their vehicles parked on the side of the road. Previous iterations of the law only applied to emergency responders.
Colorado’s Move Over Law, which took effect on August 7, 2023, requires Colorado drivers to move over a lane when they encounter stationary vehicles on a highway with hazards flashing. If moving over is not an option, the new law requires drivers to slow down to at least 20 miles per hour below the posted speed limit. The penalty for failing to move over or slow down for a disabled vehicle includes a Class 2 misdemeanor traffic offense, with a possible fine of $150 and a 3-point license violation.
This significant change goes beyond safeguarding police and emergency responders. The new law requires drivers to also move over when passing any disabled vehicles on the side of the road.
Colorado’s new law could play a significant factor in car accident claims. If a driver violates the law requiring them to move over one lane and causes injuries to another person, there is a rebuttable presumption the driver engaged in an act of negligence. More explicitly, if a driver negligently fails to obey the move-over law and causes an accident, the driver could be civilly liable for damages.
Colorado’s Move Over Law is a crucial step toward enhancing the safety of those who work on or near roadways.
Adhering to the Move Over Law is not only a legal requirement but also a responsible and compassionate act that helps protect the lives of those who dedicate themselves to public service and assistance.
If you have been injured or a loved one has been killed because a Colorado motorist failed to comply with Colorado law and move over a lane or slow down, you may be entitled to compensation through a personal injury claim. For these types of cases, it is very important that you contact a personal injury law firm that has expertise in these matters.
If you have questions about the Move Over Laws in Colorado or want to discuss a case, please contact Bowman Law immediately. Our motor accident attorneys are standing by. We serve the entire Front Range including Denver, Colorado Springs, Boulder, Fort Collins, including Aurora.
Owner and Managing Attorney
Jerry Bowman, J.D., M.A., Owner and managing attorney of Bowman Law LLC, takes his responsibility to the legal profession seriously and dedicates his time and effort to providing quality and competent legal representation to clients in Denver and throughout all of Colorado. He holds an MA in Political Science from Wayne State University and earned his law degree in two and a half years from Michigan State University College of Law.
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