California's Move Over Law (AB 390)

What California’s move over law requires

California’s move over law, Vehicle Code section 21809, requires a driver approaching a stationary vehicle on the side of the road to do one of two things. If you can safely change lanes away from the stopped vehicle, you must move over. If moving over is not safe or possible, you must slow to a speed that is reasonable and prudent for the conditions. The goal is straightforward: give the people stopped on the shoulder a buffer of space and slower traffic, so that one moment of inattention does not turn into a fatal collision.

What changed under AB 390 in 2026

For years, the move over law protected only a narrow group: stationary emergency vehicles, tow trucks, and Caltrans maintenance crews displaying flashing lights. Assembly Bill 390 changed that on January 1, 2026. The law now covers any stationary vehicle displaying hazard lights, flares, cones, or other warning devices. In plain terms, if you see a car pulled onto the shoulder with its hazards on, you now have the same duty to move over or slow down that you have always had for a patrol car or a tow truck. This matters most at freeway speeds, where the difference between a near miss and a tragedy is measured in feet, as we cover in our look at the busiest Los Angeles freeways.

A violation is an infraction. More importantly for anyone who gets hurt, ignoring the law can be strong evidence of negligence when a driver strikes someone stopped on the roadside.

Who is liable if you are hit on the side of the road?

Roadside collisions are among the most severe crashes there are, because a person changing a tire, waiting for a tow, or checking on a stalled car has no protection when a vehicle drifts onto the shoulder. When a driver fails to move over or slow down and hits a stopped vehicle or a person beside it, that failure can establish fault. California follows comparative negligence, so responsibility can be shared, but a driver who sped past a clearly marked vehicle with its hazards on starts from a weak position.

Liability can reach further when the road itself played a part. A poorly designed shoulder, a missing barrier, or other dangerous roadway conditions can bring a government agency into the case, and a claim against a public entity like Caltrans carries much shorter deadlines than an ordinary claim.

What to do if you are struck on a California roadside

If you or a family member is hit while stopped on the shoulder, the steps mirror any serious car accident, with a few additions. Move to a safe place away from traffic, call 911, and photograph the scene, including the position of the hazard lights and any warning devices you had out. Get the names of witnesses who saw whether the other driver slowed or moved over, because that observation often decides the case. Be cautious about giving a recorded statement to the other driver’s insurer before you understand the full extent of your injuries, and before you speak with attorney Erick Novik.

Frequently asked questions about California’s move over law

These answers focus on California’s move over law and roadside accidents. For broader questions about car accident claims and the injury-claim process, visit our homepage.

What does California’s move over law require you to do?

It requires you to move over a lane, away from a stopped vehicle on the side of the road, whenever you can do so safely. If changing lanes is not safe or possible, you must slow to a reasonable and prudent speed as you pass.

Does California have a move over law?

Yes. California’s move over law is Vehicle Code section 21809, and it was expanded by Assembly Bill 390 effective January 1, 2026.

What vehicles does the move over law cover after AB 390?

It still covers emergency vehicles, tow trucks, and Caltrans crews, and as of 2026 it also covers any stationary vehicle displaying hazard lights, flares, cones, or other warning devices.

Do you have to move over for a regular car with its hazard lights on?

Yes. Since January 1, 2026, the duty to move over or slow down applies to an ordinary disabled vehicle showing hazard lights, not just emergency and service vehicles.

What happens if you do not move over in California?

Failing to move over or slow down is an infraction. Beyond the ticket, if you strike a stopped vehicle or a person on the shoulder, the violation can be used as evidence that you drove negligently.

Who is at fault if a car stopped on the shoulder is hit?

Often the passing driver who failed to move over or slow down. California uses comparative negligence, so fault can be divided, but a driver who ignored a clearly marked stationary vehicle usually bears most of the responsibility.

Injured on the roadside? Talk to a Los Angeles car accident lawyer

Roadside crashes cause some of the most serious injuries on California’s highways, and the new move over law can be central to proving who was at fault. If you or someone you love was hit while stopped on the shoulder, Novik Law Group can investigate the crash and pursue the people responsible. Call (818) 305-6041 for a free case review. There is no fee unless we recover for you.