What is the Move Over or Slow Down Law in Texas?
When a driver on the highway sees lights flashing in the shoulder up ahead, what does the law require them to do?
According to the move over law in Texas (§545.157 of the Texas Transportation Code), when approaching stopped vehicles with activated emergency lights at the side of the highway, you are required to either change lanes when it is safe or slow down significantly if moving over is not possible.
Although this law initially only applied to first responder vehicles stopped on the highway, it has since been expanded to protect a variety of roadside workers.
A moment of inattention near a traffic stop, disabled vehicle, tow truck, or highway worker can lead to life-changing injuries. Unfortunately, this is a particularly pressing issue in Texas, where the rate of road accidents of all kinds remains stubbornly high. TxDOT reports that in 2024, one person was killed approximately every 2 hours a crash in Texas.
Highway drivers have a responsibility to keep roadside workers safe, and they should be liable to compensate injured parties when they fail to uphold this responsibility.
What the Texas Law Requires
Under the Transportation Code, a driver approaching a stopped authorized emergency vehicle, Texas Department of Transportation vehicle, tow truck, utility service vehicle, animal control vehicle, parking enforcement vehicle, or certain highway maintenance vehicles displaying required warning lights must either vacate the lane closest to that vehicle when the road has multiple lanes traveling in the same direction, or slow down if a lane change cannot be made safely.
On roads with speed limits of 25 mph or more, the driver has to slow to 20 mph below the posted limit, and on roads with speed limits under 25 mph, the driver should slow to 5 mph.
Roadside Workers the Law Is Designed to Protect
Texas Transportation Code §545.157 exists because certain workers have no choice but to operate inches from moving traffic. Law enforcement officers, first responders, TxDOT crews, tow truck operators, utility workers, animal control officers, and parking enforcement employees all face the same exposure every time they stop roadside. A passing driver who fails to move over or slow down can cause catastrophic or fatal injuries.
Criminal Penalties for Violating the Law
Violating the Texas “move over or slow down” law can lead to criminal penalties. The most basic violation can result in a misdemeanor fine, but repeat offenses and other aggravating factors (such as prior convictions within the last five years) can lead to more serious penalties and license suspension. Drivers who cause serious injuries face up to $4,000 in fines and potential jail time.
Civil and criminal cases are separate matters, but a criminal conviction for a move over violation can serve as supporting evidence of negligence in a related civil case and may help to secure the final settlement.
When the At-Fault Vehicle Is Commercial
Texas Transportation Code §545.157 covers tow trucks, utility vehicles, TxDOT vehicles, and highway maintenance vehicles — all of which are frequently operated by employees on the job. When a driver of one of these vehicles violates the law and causes injury, liability may extend beyond the driver to the employer or company that owns the vehicle.
Recent Changes to the “Move Over or Slow Down” Law in Texas
Texas lawmakers have made a number of updates to the law in this area over the last few years, largely aimed to better protect roadside safety with stiffer penalties for violations.
One major update took effect on September 1, 2023, through House Bill 898. This change increased the fine range for violating Texas Transportation Code §545.157 from a maximum of $200 to a minimum of $500 and a maximum of $1,250 for a first offense. The new law also allows higher penalties for repeat or more serious violations.
Texas has also brought more types of vehicles under the protection of the Move Over or Slow Down law. Senate Bill 305, effective September 1, 2025, expanded coverage to include vehicles driven by animal control officers and parking enforcement employees when they are stopped roadside with required warning lights activated.
Practical Tips for Drivers Who Want to Obey the Law
- Look ahead for flashing lights: Make it a habit to scan the road ahead for any flashing lights on the shoulder or in your lane. The more time you give yourself to notice a stopped vehicle, the easier it will be to react safely.
- Signal and change lanes early when you can: If you see a stopped vehicle ahead with lights activated, turn on your blinker early and start checking your mirrors and blind spots. Change lanes or slow down as soon as it’s safe, rather than waiting until the last second.
- Avoid sudden maneuvers: Swerving at the last minute or slamming on your brakes can create further risks on the road. Give other drivers plenty of warning with your turn signal and brake lights, and make deliberate, predictable lane changes and speed adjustments.
- Stay focused: Texting, setting navigation, or scrolling your phone makes it much easier to miss flashing lights on the shoulder. Put the phone down, limit in‑car distractions, and keep your full attention on the road so you can react quickly when you see a stopped vehicle ahead.
Proving a Move Over Violation in a Civil Case
When a driver fails to change lanes or reduce speed as required under Texas Transportation Code §545.157, that breach can form the basis of a civil liability case. Proving it requires demonstrating that the law applied to the situation, that the driver failed to comply, and that the failure caused your injuries, an analysis that draws on traffic law, accident reconstruction, and case-specific evidence. A car accident attorney experienced in Texas traffic law is best positioned to build that case.
Free Consultation with Loewy Law Firm
Loewy Law Firm has represented road accident victims in Texas since 2005. To discuss your case, contact us any time by calling (512) 280-0800 or by sending a text message to (512) 779-3547.
The content on this website is for general informational purposes and should not be considered legal advice. Laws change, and case outcomes depend on specific facts. Viewing this material does not establish an attorney-client relationship. For legal guidance on your specific situation, consult a qualified attorney.