Skip to main content

Every time a trooper, tow operator, or road crew stops on the shoulder of a busy freeway, they’re counting on passing drivers to slow down, move over, and pay attention. Early Sunday morning on Interstate 5 in King County, that didn’t happen, and a passenger was seriously hurt.

What Happened

KOMO News reported that a Washington State Patrol trooper had stopped to help a driver whose car was disabled and blocking the roadway on southbound I-5 near State Route 516 early Sunday, Nov. 1. Another vehicle then struck the trooper’s patrol car.

The trooper was outside the patrol vehicle at the time and was not injured. According to the WSP, a passenger in the vehicle that hit the patrol car sustained significant injuries, and the driver was arrested on suspicion of impairment. An arrest on suspicion is not a finding of guilt.

Our thoughts are with the injured passenger for a full recovery. We’re also grateful the trooper was not hurt. The crash is a sobering reminder of two lessons every Washington driver should take to heart.

Lesson One: Washington’s Move Over Law

Washington’s Move Over law, RCW 46.61.212, protects people working along the road. It defines an “emergency or work zone” as the adjacent lanes of the roadway 200 feet before and after a stationary emergency vehicle using its signals, a police vehicle displaying its emergency lights, a tow truck using its lights, other roadside assistance vehicles with 360-degree warning lights, and certain highway construction, maintenance, solid waste, or utility vehicles with flashing lights.

When you approach one of these zones, the law says you must:

  • On a highway with four or more lanes (at least two going your direction), proceed with caution, slow down, and, if it’s safe, change lanes or move away from the lane or shoulder the emergency or work vehicle is using.
  • On a highway with fewer than four lanes, proceed with caution, slow down, and, if it’s safe, pass to the left at a safe distance while yielding to traffic in the proper direction.
  • If moving over would be unsafe, keep slowing down to at least 10 mph below the posted limit. Where the posted limit is above 60 mph, slow to no more than 50 mph.

The penalties are serious. A violation carries a penalty equal to twice the usual amount, and the law says it may not be waived, reduced, or suspended. Driving in a way that endangers, or is likely to endanger, emergency or work zone workers or property is a gross misdemeanor, and a conviction brings a 60-day license suspension.

Lesson Two: Never Drive Impaired

Under RCW 46.61.502, a person is guilty of driving under the influence in Washington if they drive with an alcohol concentration of 0.08 or higher within two hours after driving, a THC concentration of 5.00 or higher within two hours, or while under the influence of or affected by intoxicating liquor, cannabis, or any drug. Being legally entitled to use a drug is not a defense.

Impairment slows your reactions and dulls the attention you need to spot flashing lights ahead, judge closing speed, and move over in time. At night, a stopped car on the shoulder can be even harder to spot.

If you’ve been drinking or using cannabis or other drugs, don’t drive. Plan a sober ride, use a rideshare or taxi, or stay where you are.

How to Protect People on the Roadside

  • Scan far ahead. Watch for flashing lights, hazard lights, and flares well before you reach them.
  • Move over early. Change lanes as soon as it’s safe instead of waiting until the last second.
  • Slow down even after you move over. Washington law expects you to reduce speed either way.
  • Put the phone away. A glance at a screen is all it takes to miss a stopped vehicle.
  • Give disabled vehicles room, too. Someone may be standing beside a stalled car.

For more on staying safe around road work in Washington, read our post on Tacoma Narrows Bridge lane closures and work zone safety.

If You Got a Traffic Ticket in Washington

This course is for traffic infractions, not DUI or other criminal charges, which are handled by the courts. Some Washington courts let eligible drivers take a traffic safety course as part of a dismissal or diversion program, and eligibility is set by each court.

Defensive Drivers Institute’s Washington Traffic Level 1 Course is court-approved for ticket dismissal in participating Washington jurisdictions. It’s 100% online, you can start and stop anytime, and your certificate is available as soon as you finish. It covers Washington traffic laws, defensive driving techniques, and hazard recognition. Check with the court on your citation before you enroll.

The Bottom Line

Slow down and move over for anyone stopped on the roadside, and never get behind the wheel impaired.

Got a traffic ticket in Washington? Confirm your court allows it, then start the Washington Traffic Level 1 Course.

Leave a Reply