Texas Transportation Code section 545.157, the Move Over or Slow Down law, requires drivers approaching certain stopped vehicles with flashing lights to vacate the closest lane or slow to 20 miles per hour below the posted limit. It protects roadside workers, tow drivers, and people stopped with them. Owsley Law Firm handles these crash claims and charges no fee unless we win.
Roadside crashes happen when a driver fails to give room to a stopped police car, ambulance, tow truck, or work crew. People standing on the shoulder have no protection at all. Section 545.157 sets a clear duty for every approaching driver.
The law covers more vehicles than many people realize, including TxDOT trucks, utility service vehicles, garbage trucks collecting from the roadside, and parking enforcement vehicles. This page explains who is protected and what the statute requires.
What does the Texas Move Over law require?
A driver approaching a covered vehicle must vacate the lane closest to it on a highway with two or more lanes in that direction, or slow down.
The required slower speed is 20 miles per hour below the posted limit when the limit is 25 miles per hour or more, or 5 miles per hour when the limit is below 25. A driver may follow a police officer’s different direction.
Which vehicles does the law protect?
Stationary emergency vehicles and tow trucks using lights, TxDOT and highway work vehicles, utility service vehicles, garbage trucks collecting from the roadside, and several others listed in the statute.
- Stationary authorized emergency vehicles using visual signals
- Stationary tow trucks using authorized lights
- TxDOT and highway maintenance or construction vehicles using signals
- Utility service vehicles using signals
- Stationary garbage and recycling trucks collecting from the roadside
- Toll project entity vehicles, animal control vehicles removing carcasses, and parking citation vehicles using signals
How does a Move Over violation affect an injury claim?
A driver who did not move over or slow down was breaking a specific safety statute, which is strong evidence of negligence.
The statute exists to protect the people around those vehicles. When a tow operator, a stranded motorist, or a worker is hit, the approaching driver’s failure to give room usually carries the fault. If the driver was working, the employer may also be responsible.
Fault is still divided under Chapter 33, and the injured person can recover if their share is not greater than 50 percent.
What if I was the stranded motorist?
A person stopped with a tow truck or police car is within the zone the statute protects, and the approaching driver owed a duty to move over or slow down.
Being hit while waiting on the shoulder can cause severe injuries. In addition to the at-fault driver’s liability coverage, your own uninsured or underinsured motorist coverage and personal injury protection may apply if you did not reject them in writing.
Can the protected vehicle’s operator share fault?
Sometimes, if the stopped vehicle was not using the required lights or was parked in an unsafe position, but the approaching driver still had to use care.
The statute applies to vehicles using visual signals that meet Texas requirements. A tow truck or work vehicle with no lights may fall outside section 545.157, though the approaching driver still owed a duty to keep a lookout and drive at a reasonable speed under section 545.351.
Fault is weighed under Chapter 33 for everyone involved. A driver who plowed into a lit vehicle on the shoulder will usually bear most of the responsibility.
What evidence proves a Move Over violation?
Dashcam and body camera footage, the protected vehicle’s light status, the striking vehicle’s speed, and lane position.
Police vehicles and many tow trucks carry cameras. Those recordings, plus event data from the striking vehicle, can show whether the driver changed lanes or slowed.
How it is proven after a crash
- Police dashcam or body camera video
- Tow truck camera footage
- Event data recorder speed data
- Photos showing lane position and lights
- The CR-3 crash report
Mistakes that cost people money
Frequently asked questions
Does the Move Over law apply to tow trucks?
Yes. A stationary tow truck using authorized lights is covered by section 545.157.
How much do I have to slow down?
To 20 miles per hour below the posted limit when the limit is 25 or more, or to 5 miles per hour when the limit is under 25.
Does the law protect garbage trucks?
Yes. Stationary trucks collecting municipal solid waste or recyclables from beside the road are covered.
Can a worker hit on the roadside bring a claim?
Yes. A worker can usually bring a claim against the driver who hit them, in addition to any workers’ compensation benefits.
What is the deadline to file?
Generally two years from the crash under section 16.003.
This page is general information about Texas law and is not legal or medical advice. Every case depends on its own facts. Contact the firm for a free review of yours.
Keep reading
