Improper passing refers to the failure of the driver to signal intent, using an emergency lane to pass or passing over the shoulder. Improper passing may seem like a minor offense. But sometimes it leads to a whole lot more. A driver is guilty of improper passing in one of several ways. The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.

If the defendant passes a vehicle proceeding in the opposite direction on the left rather than the right, the defendant commits the violation of improper passing. If the driver passes a vehicle proceeding in the same direction on the right, the driver is also guilty of inappropriate rushing, unless the other vehicle is about to make a left turn or there are at least two lanes of traffic proceeding in that direction.

The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled passage of the roadway.

Thus, a driver may not drive to the left of the center of the highway to pass a vehicle move in the same direction unless the left side is clearly visible and is free of oncoming traffic far enough ahead to permit safe passing. And a driver must not cross a “No Passing” solid line on the highway unless directed to do so by a traffic or police office

A driver who is guilty of improper passing may be subject to a fine of not less than $52 or more than $202. If the offense is committed in an area of highway repair or construction, the amount of the fine is doubled. The driver of an overtaking motor vehicle not within a business or residence district shall give clear warning with his horn or other warning device before passing or attempting to pass a vehicle proceeding in the same direction.

In the event of an accident due to incorrect passing, it is essential that accident victims take prompt measures to preserve evidence, investigate the accident in question, and have physicians or other expert witnesses thoroughly evaluate any injuries. If you have been a victim of an automobile accident, do not hesitate to call upon attorneys who are skilled and experienced in motor vehicle accident cases to assess your situation and determine the best methods for you to obtain any compensation available for the damages you suffered.