In 2003, Nevada law began requiring drivers to slow down, proceed with caution, and move to the far lane if possible when passing an official emergency response vehicle such as a fire truck or law enforcement vehicle that is pulled over to the side of the road with flashing emergency lights.
In July 2017, the Nevada legislature expanded that law to require drivers to do the same for Nevada Department of Transportation vehicles that are stopped on the side of the road with flashing amber or non-flashing blue lights on. This law includes the NDOT Freeway Service patrol vehicles that help to keep traffic running smoothly between Las Vegas and Reno and Carson City.
In October 2017, Nevada further expanded this Move Over law to apply to any traffic incident including stalled vehicles and debris on the roadway.
This law was originally intended to keep first responders such as police officers and Nevada Highway Patrol (NHP) officers safe.
Applicable Law
The full text of the applicable statute reads:
NRS 484B.607. “Duties of driver when approaching traffic incident; penalty.”
1. Upon approaching any traffic incident, the driver of the approaching vehicle shall, in the absence of other direction given by a law enforcement officer:
(a) Decrease the speed of the vehicle to a speed that is reasonable and proper, pursuant to the criteria set forth in subsection 1 of NRS 484B.600;
(b) Proceed with caution;
(c) Be prepared to stop; and
(d) If possible, drive in a lane that is not adjacent to the lane or lanes where the traffic incident is located unless roadway, traffic, weather or other conditions make doing so unsafe or impossible.
2. A person who violates subsection 1 is guilty of a misdemeanor.
3. As used in this section, “traffic incident” means any vehicle, person, condition or other traffic hazard which is located on or near a roadway and which poses a danger to the flow of traffic or to a person involved in, responding to or assisting with the traffic hazard. The term includes, without limitation:
(a) An authorized emergency vehicle which is stopped and is making use of flashing lights meeting the requirements of subsection 3 of NRS 484A.480;
(b) A tow car which is stopped and is making use of flashing amber warning lights meeting the requirements of NRS 484B.748;
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(c) An authorized vehicle used by the Department of Transportation which is stopped or moving at a speed slower than the normal flow of traffic and which is making use of flashing amber warning lights meeting the requirements of subsection 1 of NRS 484D.185 or lamps that emit nonflashing blue light meeting the requirements of NRS 484D. 200;
(d) A public utility vehicle which is stopped or moving at a speed slower than the normal flow of traffic and is making use of flashing amber warning lights meeting the requirements of NRS 484D.195;
(e) An authorized vehicle of a local governmental agency which is stopped or moving at a speed slower than the normal flow of traffic and is making use of flashing amber warning lights meeting the requirements of NRS 484D.185;
(f) Any vehicle which is stopped or moving at a speed slower than the normal flow of traffic and is making use of flashing amber warning lights meeting the requirements of NRS 484D.185;
(g) A crash scene;
(h) A stalled vehicle;
(i) Debris on the roadway; or
(j) A person who is out of his or her vehicle attending to a repair of the vehicle.
See NRS 484B.607.
Experienced Las Vegas Personal Injury Lawyers
If you or a loved one was injured by a driver that failed to abide by Nevada’s Move Over law, you should speak with an experienced personal injury attorney who can help you protect your rights.
If you are looking for a law firm with experienced car accident attorneys, contact Anthem Injury Lawyers today. Our phone number is (702) 857-6000. We offer Free Consultations.
Call or text (702) 857-6000 or complete a Free Case Evaluation form
