The American Safety Commission Urges Drivers to Move Over, Slow Down for Tow Trucks

Every year, first responders across the country are injured or killed on the job while providing emergency services along America’s highways. The “Move Over” Law aims to make all roadside emergency and maintenance professionals safer.

Who? 90% of respondents to a national poll by Mason Dixon Polling and Research sponsored by the NSC, believe traffic stops and roadside emergencies are dangerous for law enforcement and first responders. 86% of these respondents support enacting “Move Over” laws in all 50 states.

What? The “Move Over” Law, effective in all 50 states, requires drivers approaching a stationary emergency or maintenance vehicle with flashing lights to move to the next adjacent lane if it is safe to do so, and, if that is not possible, to reduce their speed. Each state has their own set of consequences, and failure to comply can result in fines, license suspension, or even jail time.

Why? Over 150 U.S. law enforcement officers have been killed since 1999 after being struck by vehicles along America’s highways according to the National Law Enforcement Officers Memorial Fund.

When? South Carolina was the first state to enact the law in 1996. Hawaii was the most recent state to pass the law in 2012.

How did it all get started? Here's the background regarding the origins of the Move Over Law, courtesy of South Carolina paramedic James Garcia:

 It all started around 6:30 am, on the cold, dark morning of Jan 24, 1994, on Highway 6 between Gilbert and Lexington, SC. While I was working at an MVA, a Dodge van came flying around the scene. Although the driver had slowed down from 55 to 45, he was still driving way too fast, distracted and looking at the accident. I actually remember the expression on the driver's face when he hit me. Our eyes met briefly as he turned his head forward, and I smashed into his windshield and bounced off and over his van. My left leg and arm were broken in the accident. I sincerely have to tell you, it really hurt a lot. I am glad that I lived, but to this day I know hours in advance when it's going to rain. I feel fortunate to have survived the injuries and maintained my EMS career, but will always remain skittish when working at MVAs.

I certainly wasn't the first or last public safety worker to be struck at a roadside incident. As we have since learned, this is the major cause of injuries for all Public Safety workers. We know that now. But this story happened 20 years ago, when no one was keeping track. The Highway Patrolman working the scene decided that I was 100% at fault for “standing in the roadway and blocking the users' proper lane “ (I still have this accident report for motivational purposes). I disagreed very strongly. I felt that as an official county 911 EMS worker, I would carry some authorization to work in the roadway. I fought the good fight for a year to discover that I was wrong.

 

There was nothing in SC, or in any state for that matter, that made EMS any more than a regular pedestrian at their own risk on the highway. Some states had “Emergency Powers Act” provisions for fire departments and police officers, but even those rules were limited, fragmented and didn't address emergency scenes. There were plenty of laws about what to do when an emergency vehicle was en route to a scene, but nothing about what happens once they arrived. I spent the next year working with our state legislature, and in March 1996, the country's very first “Move Over Law” (SC 56-5-1538) was passed.

 

As thrilled as I was to accomplish this, I knew from my research that none of the other states had any laws like this. I made attempts to work with the federal traffic agencies, but as it turns out, all traffic laws are regulated state by state, so if I wanted to get a law like this in other areas, I would have to find someone in each state motivated to lobby for and pass it. I spent every day off for almost five years calling EMS and public safety directors throughout the rest of the country. I was anticipating that they would be interested in protecting their workers as well. Although they were very polite about it, their response was universal- “ That could never happen here”. 50 very frustrating dead ends. I never gave up, and along the way met a few others like myself.

First I met Betty Mince, an EMT from Flint, Michigan. In 1996, Betty was struck at a scene and lost her leg. The driver was charged with driving too fast for conditions and fined about $75. Did I mention Betty lost her leg, and her career? Betty worked with the Michigan legislature to pass a law that doubles the fines when an accident or injury occurs at an emergency scene.

Next I met Janet Geeting from Rock Springs, Wyoming. Her husband Jim is a Wyoming State Trooper that was stuck at a stop. While he was in the operating room, the doctors told her the driver that struck her husband had slowed from the posted limit of 70 mph to a more reasonable 50 mph when he was struck. They said that 20 mph is what made the difference between life and death for him. So Janet worked with her state to pass a version of the move over law that requires drivers to slow down 20 mph below the posted limit. If your state has the specific 20mph rule, it came from Janet. I'd personally prefer slowing to whatever speed is necessary to control your vehicle to avoid a collision, but it is just as easy to understand Janet's logic.

From 1998-2000, there seemed to be a surge of high profile deaths that attracted attention to this issue. In May 1998, Halfway MD Fire Police Joseph Kroboth, Jr was killed at an accident scene on I-81 in rural Washington County, MD. Kroboth was a member of the Cumberland Valley Volunteer Fireman's Association (CVVFA). The CVVFA became motivated to look into the issue of of Struck-by injuries at accident scenes, and in 1999 released the “White Paper, Protecting Emergency Responders on the Highway “ They were stunned by the number of injuries they discovered were occurring, with no one even tracking the numbers. The CVVA then shortly afterward formed the Emergency Responder Safety Institute (ERSI), which began to keep track of the injuries and promoting programs to reduce them.

In January 1998, Centerville OH Police Officer John P. Kalaman, 29, and Robert J. O'Toole, 26, a Montgomery County township firefighter, were struck and killed at an accident on I-657. This prompted Ohio Senator Tony Scott to write the Emergency Roadside Safety Act of 1999. Although it did not pass, it prompted enough notice that the Federal Highway Administration finally decided to look into the problem.

About this same time I met David Gillen, His brother Lt. Scott Gillen, 37, had recently been promoted with the Chicago Fire Dept. On Dec 23, 2000, Scott was struck and killed by a drunk driver at an accident scene, leaving behind a wife and five daughters. The high level of publicity over this tragedy led to the passage of “Scott's Law”, and was vital in changing the mindset of our industry that these deaths and injuries were really happening. And that we could do something about it.

Among all of these recent high profile and unfortunate deaths, one more thing occurred - Dash Cams. Although it was not their initial intended use, suddenly we were being flooded with images of Public Safety workers being plowed into. It's one thing to read an article about statistics and tragedies far away, but when your nightly news is suddenly flooded with images of police and firefighters being mowed down on the job, the public finally became aware of the problem.

After six years of frustrating phone calls and dead ends, suddenly people began to notice the danger we were facing out there. I had never given up my quest, and happened to be at just the right place at just the right time. I was invited to be a part of the FHWA and Department of Transportation's study on struck-by injuries, and my SC law became part of the national model for Move Over Laws.

We were able to include a model version in the NCUTLO MUTCD, the book that advises states what traffic laws they should have. I was honored to become a member of the ERSI, who did almost all of the groundwork to get this law passed state-by-state. They are still the premiere agency studying struck -by injuries, and training Public Safety workers how to avoid becoming a statistic.

In 2004, the Federal government initiated the National Traffic Incident Management Coalition (NTIMC), a division of the American Association of State Highway Transportation Officials, (AASHTO), to monitor and develop standards for reducing secondary incidents and injuries at accident scenes. When the ERSI started tracking struck-by injuries, there were approximately two incidents every day, with at least two deaths every week. With the passing of Move Over laws and the implementing of scene management training,the numbers have been steadily dropping.

There's no way to count the number of accidents that were avoided because of this law, but there is no denying it has had a major impact on these incidents. My baby is all grown. I still have the handwritten first draft of the law I wrote when I discovered there was nothing at all that protected us. It feels like a birth certificate. Now there is a federal agency doing what I fought for ten years to convince everyone was a legitimate issue. I miss having that personal interaction, but glad someone took up my battle and won it so convincingly.

Getting a law passed in your state is a remarkable challenge. Getting a law passed state-by-state for all fifty states? Nearly unheard of. This kid was definitely Valedictorian. When you see these signs on the highway, I want people to remember they didn't just pop up out of nowhere. They represent the hard work of people like Janet, David and Betty, and the tragic loss of families that lost a loved one who was just trying to help others.

Slow Down and Move Over? It seems so simple now, just another part of our daily commute. Every time I pass those signs, for me they represent 20 years of determination, friends, families and loss. I'm proud my kid grew up to save lives.

Please show support for this law and help promote national efforts garnered toward keeping our emergency responders safe.