When Failing to Move Over Becomes a Life-Changing Collision
Traffic slows on I-25 as a disabled vehicle sits on the shoulder with hazard lights flashing. The driver beside you doesn’t slow down or move over. Seconds later, metal crashes against metal, and lives change forever. Since Colorado expanded its Move Over law in 2023, this scenario has become a critical legal issue. The enhanced protections now require all drivers to move over or slow down for any roadside vehicle with activated hazard lights – not just emergency vehicles. This expansion came as 2022 marked the deadliest year on Colorado roads with 745 traffic fatalities, the most since 1981, and by July 2023 seven CDOT safety patrol trucks had been struck by passing motorists.
💡 Pro Tip: If you witness a Move Over law violation causing a crash, immediately document the scene with photos and gather witness contact information – this evidence proves crucial for determining liability.
Don’t let a Move Over law violation derail your life. At Jarret J. Benson Law, we’re here to navigate the legal maze with you. Reach out at (720) 710-6753 or contact us to take the first step toward justice today.
Understanding Your Rights After a Move Over Law Crash
Colorado’s enhanced Move Over law creates clear legal obligations for drivers approaching any stationary vehicle with hazard lights activated. When someone violates this law and causes a crash, victims have specific rights to compensation. The law requires drivers on multi-lane roads to move at least one lane away from stationary vehicles displaying hazard lights. If changing lanes isn’t possible, drivers must slow to specific safe speeds: 25 MPH or less in 40 MPH zones, and at least 20 MPH below posted limits in zones 45 MPH or higher. Violating these requirements constitutes a Class 2 misdemeanor traffic offense, carrying a $150 fine and three points on the driver’s license. This violation establishes clear negligence that a car accident lawyer in Denver can use to build a strong liability case.
The expanded law covers emergency vehicles, tow trucks, maintenance vehicles, and any passenger vehicle stopped with hazards activated. This broader coverage means more crash scenarios fall under the law’s protection, potentially strengthening injury claims. A car accident lawyer in Denver will examine whether the at-fault driver had adequate space to move over and whether they slowed to the required speed.
💡 Pro Tip: Keep your insurance claim number handy but avoid giving recorded statements until you consult a lawyer who can protect your rights during the claims process.
The Legal Process Following a Move Over Law Violation Crash
Understanding the timeline after a Move Over law crash helps victims protect their rights and build strong cases. Here’s what to expect as your case progresses:
- Immediate aftermath (0-24 hours): Police investigation documents the Move Over violation, creating crucial evidence that strengthens negligence claims
- First week: Medical documentation begins, insurance investigations initiate, and evidence preservation becomes critical
- First month: Initial settlement discussions may begin, but early offers often undervalue claims
- Months 2-6: Medical treatment continues while attorneys build liability cases using police reports and violation evidence
- Months 6-12: Settlement negotiations intensify as treatment concludes and full damages become clearer
- Year 1-2: Unresolved cases may proceed to litigation, though strong violation evidence often motivates fair settlements
💡 Pro Tip: Colorado’s statute of limitations gives you three years to file a lawsuit, but evidence preservation makes acting within the first year crucial for building the strongest case.
How a Car Accident Lawyer in Denver Builds Your Move Over Case
Move Over law violations create unique opportunities for establishing clear liability. When drivers fail to follow Colorado’s specific requirements, they’ve violated state law – creating "negligence per se." This means the violation itself proves the driver failed to meet their duty of care. Jarret J. Benson Law leverages this advantage by documenting how the violation directly caused your injuries through traffic camera footage, witness interviews, and accident reconstruction specialists when needed.
Beyond establishing liability, successful resolution requires proving the full extent of damages including medical costs, ongoing treatment needs, lost wages, vehicle repairs, and pain and suffering. Insurance companies often take these violations seriously but may still attempt to minimize payouts. Having a car accident lawyer in Denver who understands these tactics ensures you’re prepared to counter such arguments effectively.
💡 Pro Tip: Document your recovery journey with a daily journal noting pain levels, mobility limitations, and activities you cannot perform – this personal evidence powerfully demonstrates how the crash has impacted your daily life.
Common Scenarios Where Move Over Violations Cause Devastating Crashes
Move Over law crashes occur in various situations, each presenting unique dangers and legal considerations. The Colorado State Patrol reports that 11 troopers have been struck and killed by passing motorists in the agency’s history, though these deaths involved various circumstances including but not limited to move-over law violations, drunk driving incidents, and pursuit-related crashes. Struck-by incidents account for approximately 46% to 63% of severe injuries or deaths among roadside workers, with the percentage increasing from 35% in 2015 to 63% by 2021 according to the Laborers’ Health & Safety Fund of North America. Colorado’s enhanced Move Over law specifically protects everyday motorists experiencing vehicle breakdowns.
Highway Emergency Response Crashes
Emergency responders face the highest risks from Move Over violations, with 2024 statistics showing 46 emergency responders killed nationally while working on roadways. In metropolitan Denver, Interstate 70 and I-25 see frequent emergency response scenarios where Move Over violations create dangerous secondary crashes. When seeking help from a car accident lawyer in Denver after such crashes, victims benefit from strong public policy supporting emergency responder protection.
💡 Pro Tip: If you’re involved in a crash with an emergency vehicle, immediately check if emergency lights were activated – this detail significantly affects liability determination and available legal protections.
Building Evidence in Move Over Law Violation Cases
Strong evidence makes the difference between adequate and exceptional compensation. Modern vehicles’ event data recorders capture speed, braking, and steering inputs, providing objective proof of whether drivers attempted to slow down or move over. This technical evidence combines with police reports noting Move Over violations, witness testimony, dashcam footage, and traffic camera recordings.
Calculating Damages from Move Over Crashes
Move Over law violations often result in severe crashes due to high speed differentials between moving and stationary vehicles. Damage calculations must account for unique injury patterns including whiplash, side-impact injuries, and psychological trauma. Economic damages extend beyond immediate medical bills to include future care needs. Non-economic damages like pain and suffering often receive favorable consideration when safety law violations cause injuries.
💡 Pro Tip: Request copies of all citations issued at the crash scene – Move Over violations create powerful evidence that insurance adjusters cannot easily dismiss during negotiations.
Frequently Asked Questions
Legal Rights and Move Over Law Violations
Understanding your legal options after a Move Over law crash helps you make informed decisions about pursuing compensation. These cases often involve clear violations of traffic safety laws, creating stronger liability arguments than typical accident claims.
💡 Pro Tip: Save all communication with insurance companies in writing – verbal agreements lack enforceability, and written records protect your interests throughout the claims process.
Next Steps After Your Move Over Law Crash
Taking appropriate action quickly after a Move Over violation crash protects both your health and legal rights. The decisions you make in the days following the crash can significantly impact your ability to recover fair compensation.
💡 Pro Tip: Create a dedicated folder for all crash-related documents, including medical records, insurance correspondence, and expense receipts – organization simplifies the legal process and ensures nothing gets overlooked.
1. What should I do immediately after being hit by someone who violated Colorado’s Move Over law?
Ensure everyone receives medical attention and call 911. Tell responding officers about the Move Over violation. Document the scene with photos showing your vehicle’s position, hazard lights, and traffic conditions. Obtain witness contact information. Seek medical evaluation even for minor injuries. Before speaking with insurance companies, consult a car accident lawyer in Denver who understands how Move Over violations strengthen injury claims.
2. How does Colorado’s enhanced Move Over law differ from the previous version?
The law expanded on August 7, 2023, now requiring drivers to move over or slow down for any stationary vehicle with hazard lights activated, not just emergency vehicles. Speed requirements remain: slow to 25 MPH or less in 40 MPH zones, or reduce speed by at least 20 MPH in zones posted 45 MPH or higher.
3. Can I still recover damages if I was partially at fault in a Move Over law crash?
Colorado follows modified comparative negligence rules, allowing recovery if you’re less than 50% at fault. Your compensation reduces by your fault percentage. When another driver violates the Move Over law, their clear statutory violation often establishes primary fault. Courts recognize that drivers stopped roadside with hazards activated have limited ability to avoid crashes. An experienced attorney can help minimize any fault attribution.
4. What damages can I recover after a crash caused by a Move Over law violation?
Victims can pursue comprehensive damages including medical expenses (current and future), lost wages and diminished earning capacity, vehicle repair or replacement costs, and pain and suffering compensation. The deliberate nature of failing to move over can support higher non-economic damage awards. Additional recoverable losses include physical therapy, prescription medications, medical equipment, and travel expenses for treatment.
5. How long do I have to file a lawsuit after a Move Over law crash in Colorado?
Colorado’s statute of limitations provides three years from the crash date to file a personal injury lawsuit. However, waiting risks losing crucial evidence and witness testimony. Move Over violation cases benefit from prompt investigation while evidence remains fresh. Insurance companies also impose shorter deadlines for initial claims reporting. Consult a lawyer soon after your crash to ensure all deadlines are met.
Work with a Trusted Car Accidents Lawyer
Move Over law violations create complex legal scenarios requiring thorough understanding of traffic laws, insurance regulations, and personal injury litigation. These cases benefit from professional legal guidance because they involve specific statutory violations that strengthen liability arguments. Experienced representation ensures proper evidence preservation, accurate damage calculation, and strategic negotiation. The right legal partner makes the difference between accepting inadequate settlements and recovering full compensation reflecting the preventable nature of Move Over law crashes.
When a Move Over law breach threatens your way of life, Jarret J. Benson Law stands ready to guide you through the legal intricacies. Don’t hesitate to take action—call us at (720) 710-6753 or contact us today to embark on the path to justice.