Under NRS 484B.607, also known as Nevada’s “move-over” law, drivers must take extra care when approaching a traffic incident, which can include a crash scene, stalled vehicle, roadway debris, or even someone making a repair beside the road. Extra care means slowing down, proceeding cautiously, being prepared to stop, and moving into a non-adjacent lane when it is safe and possible. For people injured in roadside crashes, a violation of this law may also become important evidence in a personal injury claim.
Naqvi Injury Law represents people injured in Nevada motor vehicle accidents and helps clients understand how traffic-law violations can affect liability and compensation. In this guide, we define Nevada’s move-over law, the penalties for violations, and how it affects your personal injury claim if you’ve been injured in an auto accident.
Table of Contents
What Nevada’s Move-Over Law Actually Requires
Under Nevada Revised Statutes 484B.607, a driver approaching a traffic incident must:
- Reduce speed to a level that is reasonable and proper for the conditions.
- Proceed with caution.
- Be prepared to stop.
- Move into a lane that is not next to the incident when doing so is possible and safe.
This means changing lanes is not the only duty. Even when a driver can safely move over, the law still requires that driver to slow down and approach cautiously. Roadway conditions, traffic, visibility, and weather can all affect what counts as a reasonable speed.
Which Vehicles Trigger the Move-Over Requirement
Nevada law uses the broad term “traffic incident,” which can include:
- Police, fire, and emergency medical vehicles
- Tow trucks and roadside assistance vehicles
- Nevada Department of Transportation and traffic incident management vehicles
- Certain utility or service vehicles using warning lights
- Motor vehicle crashes
- Stalled or disabled vehicles
- Debris or other hazards in the roadway
- A person outside a vehicle making or attending to a roadside repair
What “Move Over” Means When You Can’t Change Lanes
Sometimes heavy traffic, a single-lane road, construction, weather, or nearby vehicles may prevent a safe lane change. In these situations, drivers must reduce their speed, proceed carefully, and be ready to stop. Nevada’s move-over law does not set a specific reduced speed. Instead, the driver must choose a speed that is reasonable for the actual hazard and roadway conditions.
For example, a driver approaching a disabled vehicle on a narrow rural highway should slow down enough to react safely if a person steps toward the roadway. Simply reducing speed by a few miles per hour may not be enough when workers, motorists, debris, or emergency personnel are close to moving traffic.
Fines and Penalties for Violating Nevada’s Move-Over Law
Failing to follow Nevada’s move-over law can lead to criminal penalties. The consequences may become more serious when a driver’s conduct causes substantial bodily harm or death.
Misdemeanor Penalties
Violating NRS 484B.607 is a misdemeanor, which can carry up to six months in county jail, a fine of up to $1,000, or both.
When a Violation Becomes a Felony
The facts surrounding a serious roadside crash and move-over violation may support separate criminal charges.
For example, Nevada law makes reckless driving causing death or substantial bodily harm a category B felony when the required legal elements are met. A fatal crash involving simple negligence may fall under Nevada’s vehicular manslaughter law. These distinctions depend on the driver’s conduct and the circumstances of the crash. When a roadside collision results in a death, surviving family members may also have a separate civil claim and are encouraged to consult a wrongful death attorney about their legal options.
How a Move-Over Violation Creates Civil Liability in Nevada
Criminal charges punish violations of Nevada law. A personal injury claim serves a different purpose: seeking compensation for losses caused by another person’s negligence.
When a driver violates NRS 484B.607 and causes a roadside accident, that statutory violation may help an injured person establish negligence per se.
Negligence Per Se — What It Means for Injury Victims
Negligence per se applies when someone violates a safety law, the injured person belongs to the group the law was intended to protect, and the resulting injury is the type the law was designed to prevent.
When the doctrine applies, the statutory violation can establish the duty and breach portions of a negligence claim. The injured person must still prove that the violation caused the accident and that they suffered damages.
Tip: If you were injured because another driver failed to use reasonable care around a roadside incident, hire a Nevada car accident attorney to review the circumstances, collect available evidence, and pursue every potential source of compensation.
Nevada’s Comparative Fault Rule and How It Affects Your Claim
A move-over violation does not always mean one person carries 100% of the fault. Under Nevada’s modified comparative fault rule, an injured person can generally recover compensation if they are less than 50% responsible for the accident that caused their injuries. Their compensation is reduced proportionately to their percentage of fault.
For example:
Suppose a jury awards an injured roadside worker $200,000 but determines the worker was 20% responsible for the accident. The award would be reduced by 20%, leaving $160,000 in recoverable damages.
This rule is especially important when insurers and defense attorneys argue that an injured person contributed to a roadside crash. Evidence such as photographs, video, witness statements, vehicle data, and police records helps establish what actually happened.
What Damages Can an Injured Party Recover
Depending on the circumstances, compensation in a roadside accident claim may include:
- Past and future medical expenses
- Lost wages and reduced earning capacity
- Pain and suffering
- Property damage
- Punitive damages, in extreme cases when the evidence meets Nevada’s heightened legal standard for oppression, fraud, or malice
Common Mistakes Drivers (and Victims) Make Around Nevada’s Move-Over Law
- Thinking the law only protects emergency responders.
Nevada’s move-over law also applies to tow trucks, disabled vehicles, crash scenes, roadway hazards, and people making roadside repairs. - Barely slowing down.
The law requires a speed that is reasonable and proper for the actual conditions. Drivers should approach cautiously and be prepared to stop. - Assuming a citation automatically proves civil liability.
A citation and a civil claim are separate matters. However, evidence that a driver violated NRS 484B.607 may be important when determining negligence. - Waiting too long after an injury.
Nevada generally provides two years to bring an action for personal injuries. Waiting weakens your case as evidence becomes harder to preserve. - Assuming workers’ compensation is the only possible claim. A roadside worker injured while working may have workers’ compensation benefits available and, depending on the circumstances, a separate third-party claim against an at-fault driver. An attorney can evaluate which claims apply.
Protect Your Rights – Contact Naqvi Injury Law Today
If you or a loved one was injured in a roadside accident because another driver failed to use reasonable care and violated Nevada’s move-over law, Naqvi Injury Law can help you understand your legal options. Contact the firm for a free consultation. We’ll listen to your story and develop a settlement strategy to maximize your car accident injury claim.
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FAQ Section
What is the fine for violating Nevada’s move-over law?
Violating NRS 484B.607 is a misdemeanor. Because the statute does not specify a separate fine, Nevada’s general misdemeanor penalties may apply, including a fine of up to $1,000, up to six months in county jail, or both.
Does Nevada’s move-over law apply to tow trucks?
Yes. Nevada’s move-over law covers tow trucks, along with emergency vehicles and other traffic incidents. Drivers approaching a tow truck at a roadside incident must slow down, proceed cautiously, be prepared to stop, and move into a non-adjacent lane when possible and safe.
What happens if a driver hits someone because they didn’t move over?
The driver may face a traffic citation and, depending on the circumstances, more serious criminal charges. The injured person may also have a civil claim. Evidence that the driver violated NRS 484B.607 may help establish negligence, although the victim must still prove causation and damages.
Can I sue if I was injured because a driver didn’t move over in Nevada?
Potentially. If another driver’s violation of Nevada’s move-over law caused your injuries, you may be able to seek compensation for medical expenses, lost income, pain and suffering, and other losses. Nevada generally imposes a two-year deadline on personal injury actions, although exceptions can affect particular cases.
Does Nevada’s move-over law apply on all roads or just highways?
NRS 484B.607 is not limited to interstate highways or freeways. Its requirements apply when a Nevada driver approaches a qualifying traffic incident on any roadway. Drivers should slow down, use caution, prepare to stop, and move over when doing so is safe and possible.