The Dos and Don’ts of Passing Another Vehicle

There are traffic rules that regulate how drivers should safely pass other vehicles on the road. Even beyond the law, there are common-sense considerations for when you’re passing another vehicle and when someone is passing you. All it takes is a momentary lapse in judgment or a brief distraction to turn this common driving maneuver into a terrible crash.

If you are involved in an accident in which you are passing a vehicle or one is passing you, it’s important to seek legal help right away. A Mississippi car accident attorney can help you determine who is liable and whether you have a strong legal claim.

Mississippi laws on passing another vehicle

Traffic laws create rules for when and how you can pass a vehicle. According to the law, a driver cannot enter the left side of the road (the lane for traffic traveling the opposite direction) unless they have a clear view of the road and can see it’s free of oncoming traffic. It must be possible to return to the right side before “coming within one hundred (100) feet of any vehicle approaching from the opposite direction.”

There are other circumstances that also make it illegal to try to pass a vehicle by entering the left lane, including:

• When approaching a hill, curve, or other road feature that obstructs your view
• When you are 100 feet or less from a bridge, tunnel, or viaduct
• When you are within 100 feet of a railroad crossing or intersection
• When there are signs or signals indicating that you should not leave the right lane

Clearly, these rules focus on when you can pass a vehicle by entering a lane that is meant for traffic traveling in the opposite direction. Passing a vehicle on a road with four or more lanes, where you do not have to enter those lanes heading in the opposite direction, is much less risky. Still, there are laws that limit this maneuver, like Mississippi Code § 63-3-609, which states:

• “The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.”
• “Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.”

In other words, if you pass a vehicle on a road where there are two lanes of traffic traveling in the same direction, don’t cut off the car that you are passing. If someone is passing you, don’t speed up while they’re trying to enter the right lane ahead of you. Any driver knows that these rules are fairly simple, and yet, many people fail to follow them.

When it is legal to pass on the right

It’s important to remember that you should only be passing other vehicles on the left, except for very limited circumstances. For instance, you may pass a vehicle on the right if:

• The other car is making a left turn
• You have sufficient space to pass by the vehicle that’s turning left
• You are traveling in the same direction as the car that is waiting to turn left

Passing on the right in other situations is dangerous. To understand why, let’s consider two examples.

Blind spot accidents

All vehicles have blind spots. Once you’re used to driving, you might not think about them too much. However, there is a surprising amount of space near your vehicle that you can’t see. More of that space is on the right and rear of the vehicle. As a result, if you pass someone on their right side, there is a good chance you will have to pass within their blind spot. Additionally, because passing on the left is the typical practice, people are less likely to expect you to be passing on their right. Together, these factors create a greater risk of collisions.

Even if you are in a crash with a vehicle while you are passing on the right, remember not to admit fault. It’s possible that you might share liability for the crash. Under contributory negligence laws, which apply in Mississippi, you may get partial damages even if a court finds that you are partly at fault for the accident.

Merging accidents

On highways with on ramps, traffic typically merges onto the road from the right. If vehicles are passing on the right as other cars and trucks are attempting to merge into traffic, the situation can get really confusing. Vehicles passing on the right might collide with those that are merging.

Also, in general, slower-moving traffic is meant to stay in the right lane. Attempting to use the slow lane to pass creates confusion.

Tips to help you pass another vehicle safely

There are times when passing the vehicle in front of yours is warranted. However, you will want to do so as carefully as possible. Some tips for safe passing include:

Be predictable

Sudden lane changes, failing to use an indicator, and passing at unexpected times can put you and others at risk. Traffic laws and vehicle features are meant to make it easier to predict what drivers around you are doing – whether turning, slowing down, or passing another vehicle. Don’t forget that the laws are in place to prevent terrible crashes.

Look at your blind spot

While your mirrors are extremely important for showing what’s behind you, your car does have blind spots, and it can be shocking to see how much space around your vehicle is blocked from your view. Take a quick look before you switch lanes.

Pass and be done

When you move into the other lane and pass the car in front of you, go back to the lane where you started. Speeding and weaving in and out of traffic are inexcusable. Instead, complete your pass and continue to prioritize safe driving.

Take extra precautions when you pass a motorcycle

Give yourself plenty of time and space if you are passing a motorcycle. These smaller vehicles are more likely to end up in your blind spot. Also, if you are involved in a crash with a motorcycle, there is a good chance of the motorcyclist sustaining severe and often life-threatening injuries. The stakes are high when you share the road with these smaller vehicles.

Even if you take safe driving seriously, there is no guarantee that other motorists will do the same. If a driver is at fault for an auto accident in which they were trying to pass you and struck your vehicle, it is in your best interest to consider legal help.

Our Mississippi personal injury lawyers have been fighting for auto accident victims and many others for more than 40 years

Merkel & Cocke, P.A. has experienced auto accident lawyers who are ready to help you with your personal injury case. We do right by our clients and will look for ways to help you recover maximum compensation for any losses you incurred in your car crash. For more information or to request a free case consultation, contact us today.