A tow truck driver helping a stranded motorist. A police officer responding to an accident. A highway maintenance crew working along a busy interstate. These are everyday situations that can turn dangerous when passing drivers fail to slow down or move over.
Ohio’s Move Over Law helps protect the people who work along our roads and highways. Yet many motorists remain unaware that the law applies to more than police cars and ambulances. Tow truck operators, roadside assistance workers, and other qualifying vehicles are also protected.
Understanding Ohio’s Move Over Law isn’t just about avoiding a traffic ticket. It’s about preventing serious accidents, protecting lives, and knowing your legal responsibilities when approaching stopped vehicles.
What Is Ohio’s Move Over Law?
Ohio’s Move Over Law, established under Ohio Revised Code Section 4511.213, requires drivers to take additional precautions when approaching certain stationary roadside vehicles displaying flashing warning lights.
Ohio drivers must follow two basic rules:
- Move over when it is safe. On roads with two or more lanes traveling in the same direction, drivers must move into a lane that is not directly adjacent to the stopped vehicle when road and traffic conditions permit.
- Slow down when moving over isn’t possible. If changing lanes would be unsafe, or the road has only one lane traveling in that direction, drivers must reduce their speed and proceed cautiously.
The law does not establish one universal reduced speed limit. Instead, motorists must maintain a safe speed based on traffic, weather, visibility, and road conditions.
These requirements help provide additional protection for workers performing essential duties near moving traffic.
Which Vehicles Are Protected Under Ohio’s Move Over Law?
Many people associate Move Over laws with emergency responders, but Ohio’s law protects several categories of stationary vehicles when they display the required warning lights.
These include:
- Police vehicles and other public safety vehicles
- Fire trucks and ambulances
- Tow trucks and qualifying road service vehicles
- Highway maintenance vehicles
- Waste collection vehicles
- Vehicles used by the Public Utilities Commission of Ohio for covered roadside motor vehicle inspections
Tow truck drivers are particularly vulnerable because their work frequently requires them to stand outside their vehicles, operate equipment, and assist motorists just feet from passing traffic.
Whether a tow truck is removing a damaged car after an accident or helping someone with a disabled vehicle, approaching drivers must follow Ohio’s Move Over requirements when the law applies.
What Are the Penalties for Violating Ohio’s Move Over Law?
Failing to move over or slow down can lead to traffic citations, fines, and misdemeanor penalties.
Under Ohio Revised Code 4511.213, the consequences depend in part on a driver’s previous qualifying traffic offenses.
- First offense: Generally a minor misdemeanor.
- Repeat offense: A fourth-degree misdemeanor if the driver has one qualifying prior motor vehicle or traffic conviction within the applicable one-year period.
- Multiple qualifying prior offenses: A third-degree misdemeanor if the driver has two or more qualifying prior convictions within that period.
The law also requires courts to impose a fine equal to twice the usual amount for the violation. Additional penalties may apply if distracted driving contributed to the offense.
When failing to move over results in an accident, the consequences may extend beyond a traffic citation. An injured person may have grounds to pursue a personal injury claim if another driver’s negligence caused the collision.
Why Ohio’s Move Over Law Matters
Every day, tow truck operators, law enforcement officers, emergency responders, and highway maintenance crews put themselves at risk while working alongside moving traffic.
A driver who fails to slow down or move over can cause a devastating accident in seconds. At highway speeds, even a momentary distraction can result in serious injuries or fatalities.
Roadside workers face unique dangers because they often have little protection from passing vehicles. Tow truck operators may be securing damaged vehicles, assisting stranded motorists, or clearing accident scenes while traffic continues moving just feet away.
Ohio’s Move Over Law helps reduce these risks by requiring drivers to provide additional space or slow down when approaching qualifying roadside vehicles.
Moving over isn’t just about avoiding a traffic citation. It’s about making sure the people helping others on our roads can return home safely.
Why Are Tow Truck Accidents So Dangerous?
Tow truck operators work in unpredictable environments. They may be loading vehicles, attaching recovery equipment, securing accident scenes, or assisting motorists on the shoulder of a highway.
Several factors make these situations especially dangerous.
Distracted Driving
Drivers who are texting, adjusting navigation systems, or looking at an accident scene may not notice a tow truck or roadside worker until it is too late.
Speeding and Unsafe Lane Changes
Vehicles traveling at excessive speeds have less time to react to stopped traffic or roadside activity. Sudden lane changes near tow trucks can also create dangerous situations.
Poor Visibility and Road Conditions
Rain, fog, darkness, and winter weather can make it difficult to see stopped vehicles and people working along the roadway.
Limited Space Between Workers and Traffic
Tow truck drivers often work within a few feet of passing vehicles. Without adequate space, even a minor driving mistake can lead to catastrophic injuries.
These risks highlight why motorists must remain alert and follow Ohio’s Move Over Law.
What Should You Do When Approaching a Tow Truck on the Highway?
Drivers can help prevent roadside accidents by taking a few important precautions.
Pay attention to flashing lights. Watch for emergency lights, warning signals, and roadside activity well before reaching a stopped vehicle.
Move over safely. Check your mirrors and blind spots before changing lanes. Avoid sudden movements that could endanger other drivers.
Reduce your speed. If moving over isn’t possible, slow down to a safe speed appropriate for traffic and weather conditions.
Avoid distractions. Put away your phone and focus on the road, particularly when approaching an accident scene.
Give roadside workers room. Remain alert for people who may be walking, loading equipment, or working around vehicles.
Practicing these habits can help protect motorists, emergency responders, and roadside workers.
Who Is Liable When a Driver Hits a Tow Truck or Roadside Worker?
When a driver strikes a tow truck or injures someone working along the road, determining liability often involves examining whether the driver acted negligently.
Negligence may include:
- Failing to comply with Ohio’s Move Over Law
- Driving too fast for traffic or weather conditions
- Driving while distracted
- Failing to maintain a proper lookout
- Making an unsafe lane change
A violation of the Move Over Law may be important evidence in a personal injury claim. However, determining civil liability requires examining the circumstances of the accident, including whether the driver’s actions caused the injuries.
Depending on the circumstances, other parties may also share responsibility.
At Gallon, Takacs & Boissoneault, our personal injury attorneys investigate accident circumstances, review available evidence, and help injured individuals understand their legal options.
What Compensation Is Available After a Tow Truck Accident?
A tow truck accident can leave an injured person facing serious medical problems, lost income, and uncertainty about the future.
Depending on the circumstances, an injured person may be eligible to pursue compensation for:
- Medical expenses and ongoing treatment
- Lost wages and reduced earning capacity
- Rehabilitation and physical therapy
- Pain and suffering
- Permanent disability or physical limitations
- Other accident-related losses
The compensation available depends on the type of claim, the severity of the injuries, applicable Ohio law, and who was responsible for the accident.
Preserving evidence, documenting injuries, and obtaining appropriate medical treatment can be important steps after a roadside collision.
Can an Injured Tow Truck Driver Receive Workers’ Compensation?
Workers’ compensation can provide benefits for covered workplace injuries, including medical treatment and certain forms of wage replacement.
Depending on the nature and severity of the injury, additional benefits may be available for permanent impairment or disability.
Can a Tow Truck Driver Have Both a Workers’ Compensation and Personal Injury Claim?
In some circumstances, yes.
For example, a tow truck operator struck by a negligent motorist while assisting a stranded driver may have an Ohio workers’ compensation claim and a separate personal injury claim against the responsible third party.
These claims serve different purposes.
Workers’ compensation provides benefits for qualifying work-related injuries, generally without requiring the injured employee to prove another party was negligent.
A third-party personal injury claim may allow an injured worker to pursue compensation from a negligent driver or another responsible party.
When both types of claims are involved, reimbursement rights and other legal considerations can affect the recovery.
Our attorneys help injured workers understand how workers’ compensation benefits and third-party personal injury claims may apply to their circumstances.
What Happens If a Roadside Accident Results in Wrongful Death?
Unfortunately, some roadside accidents result in fatal injuries, leaving families grieving and facing unexpected financial challenges.
Depending on the circumstances, recoverable damages may include:
- Funeral and burial expenses
- Loss of financial support
- Loss of services
- Loss of companionship, care, and guidance
- Mental anguish suffered by qualifying beneficiaries
Families may also need to explore workers’ compensation death benefits when a fatal accident occurs during employment.
Understanding the relationship between these potential claims can be important when determining available legal options.
Frequently Asked Questions About Ohio’s Move Over Law
Does Ohio’s Move Over Law Apply to Tow Trucks?
Yes. Ohio’s Move Over Law applies to qualifying road service vehicles, including tow trucks, when they are stationary and displaying the required warning lights. Approaching drivers must move over when safely possible or slow down and proceed cautiously.
Do You Have to Move Over on a Two-Lane Road in Ohio?
If a road has only one lane traveling in your direction, you are not required to move into oncoming traffic. Instead, Ohio law requires you to reduce your speed and proceed cautiously when approaching a covered stationary vehicle displaying the required warning lights.
What If Traffic Prevents You From Moving Over?
If heavy traffic or other conditions make changing lanes unsafe, drivers must slow down and maintain a safe speed for the road, weather, and traffic conditions.
Can You Be Ticketed for Not Moving Over in Ohio?
Yes. Drivers who fail to comply with Ohio Revised Code 4511.213 may receive a traffic citation and face fines or misdemeanor penalties. The severity of the offense can increase when the driver has qualifying previous traffic convictions.
Can a Tow Truck Driver Sue Someone Who Hits Them?
A tow truck driver injured by another driver’s negligence may have grounds for a personal injury claim. If the accident occurred while working, the driver may also qualify for workers’ compensation benefits. The availability of each claim depends on the circumstances.
Does the Move Over Law Apply to Garbage Trucks?
Yes. Ohio’s Move Over Law includes stationary waste collection vehicles displaying the warning lights required under the statute.
Protecting Ohio’s Roadside Workers Starts With Every Driver
Tow truck drivers, emergency responders, and highway maintenance crews play an essential role in keeping Ohio’s roads safe. When motorists fail to slow down or move over, the consequences can be devastating, leaving injured workers and their families facing serious medical expenses, lost income, and uncertainty about the future. Following Ohio’s Move Over Law is a simple responsibility that can help prevent these tragedies.
If you or a loved one has been injured in a tow truck accident or roadside collision, the experienced attorneys at Gallon, Takacs & Boissoneault can help you understand your legal rights. For more than 70 years, our firm has represented individuals and families throughout Northwest Ohio in personal injury, wrongful death, and workers’ compensation cases. Our team is dedicated to helping injured individuals pursue the benefits and compensation they may be entitled to under Ohio law.
Call Us. We Can Help. Contact Gallon, Takacs & Boissoneault at 419-843-6663 or request a free consultation online to discuss your situation with our team.
Kevin Boissoneault, is the President and Managing Partner of GT&B. He began his career at GT&B in 1992 and has built the Personal Injury section into one of the strongest and most successful firms in the region. His hard work and dedication as a compelling trial attorney and litigator has won many verdicts and settlements for his clients and their families. Kevin’s commitment to protecting those who have been injured through accident or negligence has brought justice for thousands of clients.
