In an effort to enhance safety on the roads, Massachusetts recently expanded its Move Over Law, which now mandates that drivers must move over for not only emergency vehicles but also any vehicle displaying flashing lights, including tow trucks and utility vehicles. This law is crucial for protecting roadside workers and can have significant implications for personal injury and workers’ compensation claims.
The Move Over Law: A Brief Overview
The Move Over Law requires drivers approaching a stationary vehicle with flashing lights to either change lanes or reduce their speed significantly if changing lanes is not safe. Failure to adhere to this law can result in fines and potentially increase auto insurance premiums. The aim is clear: to minimize the risk of accidents involving roadside workers who are often exposed to hazardous conditions.
Impact on Personal Injury Law
With the implementation of stricter Move Over Laws, the landscape of personal injury claims may witness notable shifts:
Heightened Duty of Care
Drivers now have a heightened duty of care to ensure the safety of roadside workers. If an accident occurs due to a driver’s failure to move over, they could face increased liability in personal injury lawsuits. For victims, this may lead to a more straightforward path to securing compensation, as demonstrating negligence could become easier.
Increased Awareness and Reporting
The focus on the Move Over Law may result in enhanced public awareness regarding road safety, potentially leading to an increase in accident reports. More accidents might result in higher compensation claims, fostering a more robust legal environment for victims.
Implications for Workers’ Compensation Law
The Move Over Law also has important ramifications for workers’ compensation claims, particularly for workers who are injured while performing their duties on the roadside.
Preservation of Workers’ Rights
As roadside accidents often involve workers fulfilling their job responsibilities, the Move Over Law reinforces their right to file workers’ compensation claims when injured on the job. For example, a utility worker injured due to a driver violating the Move Over Law can seek compensation for medical bills and lost wages without facing the ‘going and coming’ rule, which generally excludes commuting injuries from coverage.
Potential for Third-Party Claims
In cases where the Move Over Law is violated, injured workers might explore the option of pursuing third-party claims against drivers who negligently fail to comply. This could allow injured employees to seek additional compensation beyond what workers’ compensation typically covers, providing them with a more comprehensive recovery option.
Conclusion
The expansion of the Move Over Law in Massachusetts represents a significant step toward improving roadway safety for workers. As this law takes effect, both personal injury and workers’ compensation claims are likely to evolve, emphasizing the importance of understanding the legal implications for drivers and workers alike. Remaining vigilant and compliant with road safety laws is crucial not only for personal safety but also for the protection of those who serve on the front lines of our communities.
Attorney Blair E. Weigand — Helping those with legal questions for 35 years and counting.