As of 2012, all 50 states in the U.S. have some version of a Move Over Law that was enacted to make the roads safer for law enforcement and first responders. Move Over Laws were a response to the increasing number of workers, law enforcement, and first responders who have been injured or killed by a car when they were working on the side of the road. Evidently, in 2005, almost 400 workers were killed in what is termed “struck-by” accidents, when they were conducting roadwork. Additionally, the FBI has stated that law enforcement officers being struck on the side of the road is one of the major causes of law enforcement deaths.
In 2005, New Mexico implemented a Move Over Law, which applies to law enforcement, emergency vehicles, and first responders. The law mandates that drivers slow down and change lanes, as long as it is possible, to provide the individuals on the side of the road with ample room to safely conduct their business. New Mexico Law 66-7-332 explained that as soon as an individual approaches an authorized emergency vehicle that has flashing lights on, they must yield the right of way and drive to a position as close to the right-hand side of the road, edge, or curb as possible. Furthermore, they must remain there until they are directed by the police officer to move.
Moreover, if a driver approaches a stationary emergency vehicle that is displaying flashing lights, barring very specific extenuating circumstances, they must drive in a lane that is not adjacent to the stopped car and proceed with caution. If they cannot drive in an adjacent lane, they must decrease their speed, proceed with caution, and be prepared to stop. Importantly, this law still requires that the emergency vehicle driver abide by the duty of care to drive safely on the highway.