In 1994, South Carolina paramedic James D. Garcia was tending to an injured person on the side of the highway when he was struck and injured by a passing motorist.  Surprisingly, Garcia was listed at fault which prompted him to fight to create a law, requiring passing vehicles to move over for the safety of emergency responders.  Since then, all 50 states have adopted Move Over Laws to protect emergency workers.

What Is a Move Over Law?

Move Over Laws require motorists to slow down to a reasonable speed and if it’s safe to do so, to change lanes to create a buffer if there is an emergency such as a breakdown or an accident.  Some states have Move Over Laws that are more specific than others like Wyoming which requires drivers to move over and reduce their speed to 20 MPH below the posted speed limit. Failure to comply with the Move Over Law varies from state to state but could include a fine of up to $1,000 and up to 30 days in jail.  A complete list of Move Over Laws and their penalties for each state can be found on AAA’s website here.

Why We Need Move Over Laws

An example of why this law is so important occurred one night in early January in Hawaii when 43-year-old tow truck driver Aaron Malama was struck and killed while helping a driver whose vehicle had broken down on the freeway.  According to police, Malama was hooking up the vehicle when he was hit and later died at the hospital from his injuries.  Move Over Laws were implemented to protect emergency workers such as police officers, firefighters, and ambulance workers but some states have added other responders to the list such as tow truck drivers.  According to the Emergency Responder Safety Institute, 6-8 fire rescue and EMS workers are killed each year in emergency situations where vehicles are passing too close.  For police officers, the number of deaths is higher with 10-12 officers being killed each year. For 2019, there were a total of 44 fatalities during roadside emergencies and consisted of:

• 18 law enforcement officers
• 14 tow truck drivers
• 2 mobile mechanics
• 9 fire/EMS workers

These statistics don’t include the many emergency workers who are injured each year by passing vehicles.

Laws Aren’t Enough

The only complaint that police and emergency responders have about the law is that few seem to know about it.  Too many people don’t know there is such a law. Currently, there is no federal body in charge of tracking the statistics or getting the word out on the Move Over Laws, so it needs to be done on the state level.

What You Can Do

As a driver, you’ve seen many emergency vehicles helping motorists on the side of the highways and may have seen some close calls for responders.  You may have even found yourself broken down on the side of the highway and are well aware of the dangers while stopped on a fast-moving road. It’s not always easy to change lanes, especially when you’re driving a truck in heavy traffic but when you see those lights, slow down and try your best to safely move over to leave a lane between you and the accident.  It may prompt other drivers to do the same. Get the word out! A safety law is useless if no one knows about it. You may just save a life.

Trucker Search is a tool you need if you’re looking for employment opportunities in the trucking industry.  On Trucker Search’s website, you can post your résumé (which is a short form application) as well as search the ever-expanding database of companies looking for drivers and job postings.  It’s a great resource for any driver starting in the trucking industry.

Sources:

http://www.ourdigitalmags.com/article/A+Margin+of+Safety%3A+Raising+“Move+Over”+Compliance+Rates/1857597/0/article.html

https://drivinglaws.aaa.com/tag/move-over-law/

https://www.hawaiinewsnow.com/2020/01/13/friends-pay-tribute-tow-truck-driver-killed-crash-boost-awareness-about-move-over-law/

https://www.moveoveramerica.com

https://www.respondersafety.com/Struck-By-Incidents/2019-ERSI-StruckByVehicle-Fatality-Report.aspx

https://www.kvue.com/article/news/local/you-can-kill-somebody-officials-think-many-drivers-dont-know-about-the-move-over-law/269-a1426c45-d131-4c71-8f5a-c73110e0b6a9

In an 8-0 opinion, the Supreme Court ruled in January that New Prime Inc., a Springfield, MO-based trucking company cannot force an employee, a truck driver, to settle a dispute with them through arbitration instead of in the courts.  The ruling is a win for truckers because arbitration tends to favor the employer over the employee.

The driver, Dominic Oliveira, is an owner/operator who sued New Prime because he believed they were denying their drivers lawful wages.  New Prime, who uses more than 5,000 contractors, claimed that the dispute couldn’t be settled in the courts because Oliveira had signed a contract in which it states that only arbitration is allowed for disputes.  In arbitration, there’s one arbiter, and no jury, it doesn’t allow any details of the case to be released publicly, and there’s no chance for an appeal. Arbitration usually benefits the employer.

The case centers around the Federal Arbitration Act.  Enacted in 1925, the Act, or FAA, was aimed at pushing arbitration over lawsuits in the courts because they’re speedier and less expensive for all parties involved.  However, over the years the Act has come under fire for giving workers no choice in the matter and it is to the employer’s advantage to not giving the employee the choice of a jury trial.  

The Court’s opinion:  “While a court’s authority under the Arbitration Act to compel arbitration may be considerable, it isn’t unconditional.”   The decision was a unanimous one, ruling that the workers in the case were exempt from these rules in their contracts because they are transportation workers.  It has yet to be seen what the effect on companies like Amazon, DoorDash, Uber, and Lyft, all who rely on contracted drivers will be but it’s likely to help any of these workers who may be filing lawsuits against their employers.

While the decision mandates that truckers cannot be forced into private arbitration to settle disputes, the ruling only applies at the federal level which means it only pertains to companies whose drivers cross state lines.  State arbitration laws will still apply to those companies that only transport in-state.

The claim was that the FAA had originally exempted certain transportation employees, an exemption that should include truck drivers regardless of whether they are a contractor or a regular employee. The case also claimed that the company classified Oliveira and the others as independent contractors instead of employees to avoid adhering to labor laws and avoiding paying them a minimum wage.  This has long been a complaint by the Teamsters because it’s not only the ability to sue or receive minimum wage that trucking companies can get around by not being subject to labor laws. As contractors, truckers have little recourse against overtime abuses, discrimination, wrongful termination, sexual harassment, and any injuries that may happen in the workplace.

The decision means that Oliveira can go ahead with his original lawsuit against New Prime in court.   

If you’re a trucker looking for a great company to work for, Trucker Search is the place to go.  You can post your resume or search our vast database of companies looking for drivers to join their teams.  Go to Trucker Search and begin your search today.  

Sources:

https://fas.org/sgp/crs/misc/R44960.pdf

https://www.trucks.com/2019/01/16/arbitration-not-mandatory-independent-truckers-supreme-court/