Why Illinois drivers move over for emergency vehicles

It’s been a week since 35-year-old Christina Musil – a DeKalb County sheriff’s deputy, military veteran and mother of three – was killed after her squad car was rear-ended by a truck driver from DeKalb.

Although authorities have not said that the crash constituted a Scott’s Law violation, Shaw Local News Network took a look at what the Illinois law is that requires motorists to “move over” when they see an emergency vehicle, and why it exists.

Christina “Beana” Musil was on duty conducting what DeKalb County Sheriff Andy Sullivan has called a stationary patrol when her Ford Explorer squad vehicle was rear-ended by a Kenworth commercial truck about 10:40 p.m.

The crash occurred about three-quarters of a mile south of the intersection of Perry Road and Route 23 in Waterman, Sullivan has said. The road is one lane each way.

Nathan P. Sweeney, 44, of DeKalb was arrested and charged Wednesday with driving under the influence and reckless homicide in the fatal crash that killed Musil, Illinois State Police announced that night.

During an investigation conducted by the state police and the DeKalb County Coroner’s Office at the request of the DeKalb County Sheriff’s Office, police learned that Sweeney allegedly was under the influence of drugs at the time of the crash, according to state police.

Sweeney is being held at the Ogle County Jail and appeared Friday before a DeKalb County judge for a pretrial release hearing.

[ DeKalb man charged with DUI, reckless homicide in crash that killed sheriff’s deputy, mom of 3 ]

What does Scott’s Law require Illinois drivers to do?

The death of a 14-year Chicago Fire Department veteran is the reason Illinois motorists are required to slow down and change lanes when approaching first responders and other road hazards while driving.

On Dec. 23, 2000, Scott P. Gillen, 37, was struck and killed by an intoxicated driver while responding to an emergency on the Dan Ryan Expressway, according to Illinois State Police documents.

In response to his death, Gillen’s family actively sought new state legislation written to protect emergency personnel from motorists, according to the National Fallen Firefighters Foundation.

The law that eventually was created became known as Scott’s Law, and it is the traffic paradigm Illinois drivers have navigated around since August 2001.

Scott’s Law, also called the “Move Over” law, requires drivers to yield the right of way and stop clear of any intersection and remain in position, if necessary, to allow an emergency vehicle – such as an ambulance or police car with active emergency lights or sirens – to safely pass.

[ DeKalb County sheriff’s deputy, veteran killed in Waterman crash ]

Motorists approaching a stopped emergency vehicle using audible or visual signals are required to proceed with caution and yield the right of way by moving out of the lane adjacent to the emergency vehicle. If that’s not possible – such as if the road only is two lanes – drivers are expected to reduce speed as they pass the scene.

In the crash that killed Musil, Sweeney also was cited by Illinois State Police for failure to reduce speed to avoid an accident, improper lane usage and operating an uninsured motor vehicle.

Gillen was killed when a speeding car tried to slip by traffic while firefighters, paramedics and Illinois State Police were at the scene of a two-car crash, according to the Cook County Sheriff’s Office.

Scott’s Law extends beyond police or fire vehicles, however.

Drivers are expected to perform the same maneuvers when encountering stopped or disabled vehicles displaying flashing warning lights, according to the Illinois Secretary of State’s Office. Drivers also are required to stop using wireless communications while traveling through a construction or work zone on a road.

If a violation of the law results in the injury or death of another person, the driver responsible can be charged with a Class 4 felony, which is punishable by up to three years in prison. If a Scott’s Law violation results in damage to another vehicle but no injury or death, the driver can be charged with a Class A misdemeanor and sentenced to up to a full year in prison.

The law does not prevent other civil or criminal penalties from being imposed.

The minimum fine for violating Scott’s Law is $250 for the first violation and $750 for the second.