Have you ever been stuck behind a slow driver on a two-lane road? If you have, your first instinct would be to overtake on the left – the lane reserved for the opposite side of traffic. But what happens if there’s a steady stream of cars on that lane?
If you are determined to get ahead of the slow driver, your next thought may be to pass on the shoulder of the road. But that may not seem the best idea because you rarely see other drivers do that. So, should you pass on the shoulder of the road?
No. In almost every scenario, regardless of the type of road, it is illegal to pass on the shoulder. Passing in this manner can lead to a traffic citation, license suspension, or even arrest. In this article, we discuss why it is illegal to pass on the shoulder, whether this varies by state, and the rules to follow when using the shoulder.
To understand why passing on the shoulder is illegal, it is first important to understand what it is and what it is designed for. Road shoulders are narrow lanes, usually on the outermost part of the road. With very wide roads, shoulders may be on the outermost side and/or in the middle, and signs or road markings always indicate shoulders.
It is crucial to remember that shoulders, even though they may not seem that way, are not designed to be extensions of the road lanes for regular use. Rather, they are supposed to be used for emergencies.
Emergencies could include the movement of emergency vehicles like ambulances, vehicles parking safely after an accident or vehicle breakdown, or drivers maneuvering to avoid a previously unforeseen obstacle.
Using the shoulder for something it was not designed for could prevent its intended use since it is a narrow lane. Furthermore, most drivers will not expect a vehicle to merge into traffic from a shoulder, so when a driver only uses the shoulder to pass and then attempts to merge back in, it could confuse other drivers and result in a collision. Many shoulders are also not paved, and using them to pass may constitute a general safety hazard since passing them will require drivers to increase their speed.
Sometimes, only bicycles are allowed to use these lanes. Therefore, it is illegal for a car to pass on the shoulder.
All states discourage drivers from passing on the shoulder. However, while some states have strict rules that only allow drivers to use the shoulder in an emergency, others may allow it in necessary cases and as long as drivers can pass safely.
In California, Cal. Veh. Code § 21755 prohibits passing on the shoulder and says that the driver of a vehicle may pass on the right if the driver can make the movement safely, but under no condition should that movement be made by driving off the paved/main traveled portion of the road. Similarly, in Michigan, Mich. Comp. Laws § 257.637(2) indicates that although drivers may be allowed to overtake on the right in certain situations, they shall not overtake by driving off the pavement or main-traveled portion of a highway.
However, in Texas, Tex. Transp. Code § 545.058 permits drivers to pass on a shoulder to the right if they are:
Texas drivers are also allowed to pass on the shoulder to the left only if they have been directed in that manner by an official traffic collision or if they are doing so to avoid a collision. Nevada’s Rev. Stat. § 484B.210 (1)(c) also permits overtaking on the shoulder as long as the passing vehicle does not:
Some other states adopt practices that can best be described as a blend of the previously examined approaches.
In New York, for instance, N.Y.V.A.T. Law § 1131 provides that some classes of vehicles, like bicycles, are freely allowed to travel on shoulders. But motor vehicles are generally not allowed to drive on the shoulders of state-controlled highways except in locations where the Department of Motor Vehicles permits it.
Similarly, in Massachusetts, drivers can pass using the right shoulder in certain areas or, according to Mass. Gen Laws ch. 89, § 2, where the vehicle they are overtaking is about to make a left turn, on a one-way street, or on a road where traffic is restricted to one direction.
Finally, it is crucial to emphasize that most states adopt similar laws to California and Michigan, where drivers are completely prohibited from driving on the shoulder. However, you should confirm the relevant laws for the state you reside in.
Suppose the state you stay in completely prohibits driving on the shoulder. In that case, finding yourself in a situation where you believe there is no other solution is possible. And even if your state permits it in certain circumstances, you may still find yourself in a situation where it is not expressly allowed, but you believe you have no other choice.
In these cases, your best option is to slow down and stop on the road as long as you believe that whatever obstructs traffic on the well-traveled portion will eventually move.
If you reasonably think it will be unsafe to stop on the well-traveled portion because of traffic behind you or for any other reason, you can park on the shoulder, but, as much as possible, do not drive on it if your state does not allow that.
If you genuinely believe that the obstacle on the well-traveled portion of the road will not move soon (say, a disabled vehicle), you can pass it by using the shoulder. But only if you carefully consider all the other vehicles around you before using the shoulder.
If you ever have to pass on the shoulder, either because your state laws provide for certain circumstances where that will be allowed or because you have no other choice, be sure to adhere to the following rules:
We've established that passing on the shoulder is mostly illegal. And even if it is not unlawful, anyone passing on a shoulder must exercise reasonable care and caution for others using the road.
Therefore, if you have been injured or suffered property damage in a car accident caused by a driver passing on the shoulder, you should be compensated for your damages, suffering, and pain.
However, securing this compensation is not always easy because insurance companies try to avoid paying what they should. Even when insurers make early settlement offers, the actual value of your claim is likely more than the settlement they have offered.
To secure the full value of your claim's worth, it is best to get a lawyer who can prepare and present your case in the manner most favorable to you and then negotiate with the insurance company on your behalf.
Skilled car accident lawyers can also determine the worth of your claim depending on the extent of injuries you’ve suffered, so they can discern what a good settlement offer should look like, making it crucial to consult a lawyer before you accept any offer.
But how do you find a skilled lawyer you can trust around you? That’s where we come in.
The Accident Helpers maintains a network of skilled car accident lawyers across the country, and we will connect you to a lawyer who's most suitable to secure your compensation for free. All you have to do is schedule a session with us where our consultants will get the relevant facts of your case; then, we will ensure you get a great lawyer.
Reach out to us today!