The moment you step out of a disabled vehicle on an Atlanta highway, you are exposed to traffic as a pedestrian. Georgia’s Move Over Law, O.C.G.A. § 40-6-16, requires approaching drivers to change lanes or, when that is not possible or safe, slow below the posted speed limit when passing certain stationary vehicles displaying the required lights or using traffic cones. A violation of the statute may provide important evidence of negligence in a roadside pedestrian accident claim.
The Shoulder of an Atlanta Interstate Is One of the Most Dangerous Places to Stand
A tire blows on I-285. You pull onto the shoulder, turn on your hazard lights, and get out to inspect the damage. For the next several minutes, you may be standing only a few feet from traffic moving at highway speeds.
When you are outside your vehicle and on foot, the circumstances of the accident can be analyzed as a pedestrian injury claim. You are also particularly vulnerable because there is no vehicle frame protecting you from an approaching car or truck.
If you were hit by a vehicle while standing on the roadside in Atlanta, Georgia’s Move Over Law may be an important part of the liability analysis when the statute applies to the circumstances.
For more information about pedestrian injury claims, visit our Atlanta pedestrian accident lawyer page.
What Georgia’s Move Over Law Actually Requires
O.C.G.A. § 40-6-16, commonly known as Georgia’s Move Over Law, establishes requirements for drivers approaching certain stationary vehicles.
The statute applies to specified stationary vehicles, including:
- Authorized emergency vehicles displaying the flashing lights specified by the statute
- Towing and recovery vehicles displaying the required flashing lights or using traffic cones
- Highway maintenance vehicles displaying the required flashing lights or using traffic cones
- Utility service vehicles displaying the required flashing lights or using traffic cones
When approaching one of these vehicles, a driver generally must move into a lane that is not adjacent to the stationary vehicle when doing so is safe and legal.
If changing lanes is not possible, safe, or permitted, the driver must slow to a speed below the posted speed limit and be prepared to stop.
The statute also establishes penalties for violations. The applicable penalty depends on the particular provision violated and the circumstances of the offense.
Why the Statute Matters in a Civil Injury Claim
A traffic citation and a civil personal injury claim are separate matters, but evidence that a driver violated a safety statute may be relevant when determining whether the driver was negligent.
Georgia recognizes the concept of negligence per se in appropriate circumstances. When a statute imposes a safety requirement intended to protect a particular class of people from a particular type of harm, violation of that statute can have consequences in a related negligence case when the required elements are established.
The Move Over Law is designed to protect people working or stopped near traffic under the circumstances covered by the statute. When a driver fails to comply with the applicable requirement and strikes a protected person, the statutory violation may become an important part of the liability evidence.
However, whether negligence per se applies to a particular case depends on the exact statute, the facts of the violation, and the legal requirements established by Georgia courts.
What If the Move Over Law Does Not Apply to Your Situation?
This is an important distinction in roadside accident cases.
The Move Over Law applies to specific categories of stationary vehicles and does not automatically cover every passenger vehicle stopped on an interstate shoulder. An ordinary passenger car with its hazard lights activated is not necessarily a vehicle protected by the statute.
That does not mean a person injured beside a disabled passenger vehicle has no claim. The case may instead rely on ordinary negligence principles and other Georgia traffic laws.
- O.C.G.A. § 40-6-180 requires drivers to operate at a reasonable and prudent speed under the circumstances.
- O.C.G.A. § 40-6-241 addresses distracted driving and Georgia’s hands-free requirements.
- Failure to maintain a proper lookout may support a negligence claim depending on the facts.
- Following too closely, improper lane usage, and failure to yield may also become relevant depending on how the collision occurred.
A driver who leaves the travel lane and strikes a person on the shoulder may still be liable even when the Move Over Law does not apply.
Who Gets Hurt in Atlanta Roadside Accidents
Roadside accidents can involve many different groups of people throughout Fulton, DeKalb, Cobb, and other metro Atlanta counties.
Drivers and passengers of disabled vehicles. Flat tires, overheating, mechanical problems, running out of fuel, or a minor collision can leave people stranded on the shoulder of I-75, I-85, I-285, or the Downtown Connector.
Tow truck and roadside assistance operators. Their work regularly requires them to stand close to active traffic lanes while assisting disabled motorists.
Utility and construction workers. Crews working near travel lanes may be protected by traffic cones, warning devices, and flashing lights.
Law enforcement and first responders. Police officers, firefighters, emergency medical personnel, and other responders may be exposed to fast-moving traffic while assisting motorists.
Good Samaritans. People who stop to help after seeing a crash or disabled vehicle can also be struck while standing near the roadway.
Delivery and service drivers. Workers who frequently exit stopped vehicles may face repeated exposure to roadside traffic.
Proving Fault When You Were Outside the Vehicle
An insurance company may argue that the injured person contributed to the accident. Common arguments can include claims that the person stood too close to the travel lane, failed to use available safety equipment, stopped in an unsafe location, or otherwise contributed to the collision.
Georgia follows a modified comparative negligence system. Depending on the circumstances, an injured person may recover damages when their percentage of fault is below the applicable statutory threshold, with the recovery reduced according to the person’s assigned share of fault.
Evidence that can help establish what happened may include:
- Dashcam footage from the disabled vehicle, striking vehicle, or nearby motorists
- Traffic camera footage from Georgia Department of Transportation or other applicable sources
- Commercial vehicle telematics when a truck, delivery vehicle, or fleet vehicle is involved
- Cell phone records when distracted driving is suspected
- Scene photographs showing vehicle positions, hazard lights, road conditions, debris, and the location of the injured person
- Witness statements from motorists or other people who observed the crash
- The crash report and citations issued at the scene
Some evidence can have short retention periods. Traffic video, dashcam recordings, electronic vehicle data, and other digital evidence may be overwritten or deleted if it is not preserved promptly.
Damages in a Roadside Pedestrian Case
Because pedestrians have little physical protection from a moving vehicle, roadside collisions can cause severe injuries, including traumatic brain injuries, spinal cord injuries, fractures, amputations, and fatal injuries.
Depending on the circumstances, recoverable damages in a Georgia personal injury case may include medical expenses, future medical costs, lost income, diminished earning capacity, pain and suffering, and other legally recoverable losses.
When a collision results in death, Georgia’s wrongful death laws may provide a separate claim for the full value of the life of the deceased, along with other damages that may be available under applicable law.
Punitive damages may be available in certain cases when the evidence establishes the level of misconduct required by Georgia law. The availability of punitive damages depends on the specific facts and applicable statutory requirements.
Do Not Wait to Protect the Case
Georgia’s statute of limitations for most personal injury claims is generally two years from the date of the injury. Different deadlines can apply to particular claims.
If a city, county, state, or other government entity may share responsibility, additional ante litem notice requirements can apply, and those deadlines can be substantially shorter than the ordinary personal injury statute of limitations.
The evidence timeline can be even shorter than the legal deadline. If you were hit by a vehicle while standing on the roadside in Atlanta, the video and electronic data that could establish what happened may already be subject to retention schedules.
Early preservation efforts can therefore be important to protecting a roadside pedestrian accident claim.
Frequently Asked Questions
1. What does Georgia’s Move Over Law require drivers to do?
Under O.C.G.A. § 40-6-16, drivers approaching certain stationary emergency, towing and recovery, highway maintenance, or utility service vehicles displaying the required warning lights or using traffic cones generally must move into a lane that is not adjacent to the stationary vehicle when it is safe and legal to do so. When changing lanes is not possible, safe, or permitted, the driver must slow to below the posted speed limit and be prepared to stop.
2. Does the Move Over Law protect me if I broke down in my own car?
Not necessarily. The statute identifies specific categories of stationary vehicles, and an ordinary passenger vehicle on the shoulder is generally not included. A person injured beside a disabled passenger car may still have a negligence claim based on the other driver’s speed, attention, lane position, lookout, and other circumstances surrounding the collision.
3. Am I considered a pedestrian if I am hit while standing next to my car?
When you are outside the vehicle and on foot, the accident can be analyzed as a pedestrian injury claim. The specific legal classification and applicable protections depend on the circumstances, but being outside a disabled vehicle does not eliminate your ability to pursue a personal injury claim when another party’s negligence caused the collision.
4. What if the insurance company says I should not have been standing there?
Georgia’s comparative negligence rules allow the parties to argue that an injured person contributed to the accident. The effect of any assigned fault depends on the evidence and applicable law. Dashcam footage, traffic video, photographs, witness testimony, vehicle data, and other evidence can help establish where everyone was positioned and how the collision occurred.
5. How long do I have to file a roadside pedestrian accident claim in Georgia?
Most Georgia personal injury claims have a two-year statute of limitations from the date of injury, but different rules can apply to particular claims. Claims involving government entities can also have separate ante litem notice requirements with substantially shorter deadlines. An attorney should review the specific facts and applicable deadlines as soon as possible.
Call to Action
If you were struck while standing outside a vehicle anywhere in metro Atlanta, evidence showing what happened may be overwritten or lost if it is not preserved promptly.
KP Law Group investigates roadside pedestrian accidents, works to preserve available evidence, and evaluates the potential liability of the driver and other responsible parties.
Learn more about pedestrian accident claims in Atlanta or review KP Law Group’s case results. Past results do not guarantee a similar outcome in any future case.
Contact KP Law Group for more information or call 404-551-4727 for a free Fierce and Fearless case review.