Slow Down. Move over.

Imagine working in an industry that makes the “Deadliest Catch” fishing industry seem like a cruise ship vacation. If you’re reading this, chances are good you already do. As a tow driver you work in an industry where you’re practically invisible - until it’s almost too late. In some states, you’re also invisible to the law telling people to slow down and move over when passing an incident or emergency on the highway. Even though tow drivers, like emergency workers, suffer more than twice the average occupational injury and fatality rates compared to all other industries, some states don’t require drivers to slow down and move over for a tow driver. More on that problem below.

Tow driver’s fatalities, injuries and near misses on our highways happen far too often. Ask any driver and you’ll hear a story that will raise the hair on the back of your neck, quickly followed by a knowing head shake and probably an explicative. In some cases, it’s a miracle they survived to tell the tale. Some didn't.

With the exceptions of Hawai’i and the District of Columbia, 49 States now have the “Slow Down Move Over” law in place, but we still lose not only law enforcement officers and emergency responders, but tow drivers and civilians on an almost daily basis. Why? According to a national poll by Mason Dixon Polling & Research, sponsored by the National Safety Commission, 71 percent of Americans have never heard of “Move Over” laws. Not knowing about the laws also means those same people likely don’t know the proper procedure when passing an incident/emergency scene. Quite simply, if you’re in a lane beside the incident, slow down first, and then attempt to move over - if it’s safe to do so. In that order.  If you can only slow down, do so. Other reasons for these senseless deaths include drunken driving, texting, daydreaming, and simple inattention to surroundings when passing an incident.

Even though tow drivers are usually on the receiving end of motorist thoughtlessness, it’s also important to remember that we drive these same roads as a civilian ourselves. While practicing very safe operating procedures when working, they’re often forgotten while out in our non-working lives.  Far too many times I’ve been a passenger in the car with someone who should know about the law (read: driving professional), and yet I see little, if any, effort to slow down and move over when they pass an incident.

While no official statistics on the deaths of tow drivers specifically, industry estimates range from 50 to 70 tow drivers killed on an annual basis. A simple internet search returns dismaying examples just over the last year:

o   Jun 30, 2013 - A local tow truck operator was killed while he was in the process of towing a vehicle on Interstate ten.

o   Jun 11, 2013 - KUSA - A man was killed Tuesday afternoon when he was hit by a semi truck as he was attempting to tow a vehicle.

o   May 4, 2013 - MIAMI (CBS Miami) - A tow truck driver assisting a car was hit and killed by a third vehicle that fled the scene.

o   Feb 12, 2013 - MALIBU, Calif. (KTLA) -- A tow truck driver was killed in Malibu Monday night

o   Aug  28, 2012 - An 18-year-old Smithville, MO, tow truck driver was struck and killed while out of his vehicle on Interstate 35 near the Christopher S. Bond Bridge.

o   Dec 9, 2012 - A tow-truck driver helping a stranded motorist along the 405 Freeway in Long Beach was killed early Sunday after he was struck by a drunk driver.

o   COLTON, California – J&S Towing truck driver Jesus Salcedo, 56, of Colton was struck and killed late Friday afternoon while assisting the driver disabled vehicle

Unlike  police, fire and rescue, which are protected by the slow down move over law, tow drivers aren't covered by these laws in all states. So, which states don’t protect tow drivers with laws when they’re the only ones at the incident? Surprisingly, there are nine: 

·         Alaska

·         Louisiana

·         Maryland

·         New Mexico

·         New York

·         North Dakota

·         South Dakota

·         Texas

·         Wyoming

Working an incident is always a fluid situation. While you always have to have one eye on traffic and another on the job at hand, the states above make it even more difficult for tow drivers to come home at night. If you live in one of these states, speak with your legislator. 

So, how do you protect yourself while you’re out on the road? Three words. High visibility equipment. Your lights, work clothes and temporary traffic control equipment should all be high visibility; the brighter the better. Don’t work on the traffic side of the incident, if possible. While this isn't always possible, this is the reason you want to have high visibility equipment.  Your movement, because noticing activity is a function built into our brains, combined with the bright clothing creates better visibility for other drivers. 

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Blue, red and amber lights mean slow down and move over

Blue, red and amber lights mean slow down and move over Law changes in effect today

From The Eagle Tribune 2008
By Jarret Bencks

When emergency vehicles arrive at an accident, safety officials said vehicles with lights that aren't red or blue don't get the same level of respect from motorists — and it puts workers in danger.

"It's unnerving when someone blows by you at 70 mph," said Bill Boynton, spokesman for the Department of Transportation, whose vehicles have amber lights. "We've had a few instances where people have had to jump over guardrails just to get out of the way."

Beginning today, changes to the state's Move Over Law will clearly include tow trucks and DOT vehicles as emergency vehicles. Drivers will be required to slow down and make room for those vehicles at roadside emergencies, along with police and fire vehicles. Violating the law can result in a fine of $150, according to New Hampshire State Police.

Originally enacted in 2005, the law requires drivers to slow down and move over for stationary emergency vehicles at accidents. But that law did not specify an emergency vehicle, said Jim Van Dongen, spokesman for the Department of Safety. The changes effective today specify drivers must slow down and make room for stationary vehicles with red, blue and amber lights when approaching a roadside emergency.

The bill to change the law was approved by the Legislature in June. The bill was sponsored by Rep. Sherman Packard, R-Londonderry, and cosponsored by Sen. Robert Letourneau, R-Derry.

"The goal is to help protect people out there protecting us," Packard said. "Police officers, tow truck operators, construction workers have been hit because people aren't paying attention. I would hope this would open some eyes."

Between 1995 and 2006, 144 U.S. law enforcement officers were killed accidentally on motor vehicle stops or while directing traffic, according to statistics from the Department of Safety. In the last 10 years, two workers for New Hampshire's Department of Transportation have died in roadside incidents. While there are no statistics for tow truck operators, the Towing and Recovery Association of America lists 94 tow truck drivers killed in roadside incidents.

Packard added that the intention of the law is not to collect more fines.

"It was solely put in place for protection," Packard said.

The law has not been enforced much in the past, but that will change, according to state safety officials.

State police Lt. Chris Oucoin said people largely don't follow the law as it stands now and state police will begin to take measures to raise awareness.

"I think there is going to be some education required through some enforcement," Oucoin said.

Packard said he sponsored the bill because of deaths and injuries at roadside situations. In 2007, Derry police Officer Robert Moore was hit by a drunken driver while he was working a traffic detail on Route 28 in Windham.

Moore was taken by helicopter to a Boston hospital, where he spent three months recovering from a broken pelvis, and torn muscles and tendons.

In June, Windham police Officer Greg Malisos was working a traffic detail on Route 111 when an SUV hit his leg and knocked him into a ditch. Malisos escaped with only minor injuries.

"Sometimes people have all kinds of space to move over, but they just don't," Salem Deputy Chief Bill Ganley said. "There's definitely room for improvement."

Brian Bauchman, a tow truck driver from Windham, said along with the dangers of roadside accidents, getting to them can be a challenge for tow trucks when traffic is backed up.

"When we work tractor-trailer wrecks on the highway, people will block us out, they won't let us by," Bauchman said. "You can be blowing your horn and have your lights on, and they won't get out of the way."

Signs have been up on highways around the state over the last week, notifying drivers of the changes to the law and asking drivers to slow down and make room for red, blue and amber lights. New Hampshire is one of 45 states nationwide with a move over law.