Florida’s Move Over Law requires drivers to change lanes or slow down when approaching certain vehicles stopped along the road. The law now includes disabled passenger vehicles in addition to emergency vehicles and roadside workers.
Understanding these rules can help Florida drivers avoid traffic violations and serious accidents. It can also help injured motorists understand their legal options after a roadside collision.
The Short Answer: Move Over or Slow Down, Even for a Stalled Car
Under Florida Statutes § 316.126, drivers approaching a qualifying disabled vehicle on a road with two or more lanes traveling in the same direction must move out of the lane closest to the stopped vehicle when it is safe to do so.
If changing lanes is unsafe, or if the driver is traveling on a two-lane road, the driver must reduce their speed to:
- 20 mph below the posted speed limit when the speed limit is 25 mph or higher
- 5 mph when the posted speed limit is 20 mph or lower
These requirements apply when a disabled vehicle displays warning lights, hazard lights, emergency flares, or emergency signage, or when one or more people are visibly present.
What Changed Under Florida’s 2024 Move Over Law Expansion
Florida expanded its Move Over Law to include disabled vehicles meeting certain conditions. Previously, the law mainly focused on emergency responders, tow trucks, utility workers, sanitation vehicles, and road maintenance crews. The expansion extends protections to motorists stranded along busy roads.
Someone changing a flat tire or waiting for roadside assistance may be only a few feet from moving traffic. A passing driver who fails to move over or slow down can cause a serious collision. The expanded law helps protect people in these situations, even when no emergency vehicle is present.
Other Than Emergency Vehicles, Which Vehicles Does Florida’s Move Over Law Protect?
Florida’s Move Over Law protects more than police officers, firefighters, and emergency medical workers.
The law also covers qualifying roadside vehicles and workers, including:
- Tow trucks performing recovery or loading operations
- Utility service vehicles performing roadside work
- Sanitation vehicles performing roadside duties
- Road maintenance and construction vehicles displaying required warning lights
- Disabled passenger vehicles meeting the law’s conditions
For example, a driver who pulls onto the shoulder after experiencing engine trouble may be protected under the expanded law. Other motorists must respond appropriately when approaching the stopped vehicle. The goal is to create safer conditions for anyone exposed to passing traffic.
What Counts as a Disabled Vehicle Under the Statute
The law applies to qualifying disabled motor vehicles stopped along the roadside when specified warning signals or visible occupants are present.
Under Florida’s Move Over Law, the required precautions apply when a disabled vehicle is stopped and:
- Displays warning lights or hazard lights
- Uses emergency flares or displays emergency signage
- Has one or more people visibly present
A vehicle does not need to belong to law enforcement or another public agency to qualify. For example, a car stopped on the shoulder with its hazard lights flashing can trigger the law’s requirements.
However, the statute does not automatically apply to every legally parked vehicle. The specific circumstances matter when determining whether another driver violated the law.
How Move Over Violations Affect Fault in a Crash
Violating Florida’s Move Over Law can be important evidence when determining fault after a roadside accident. Drivers have a responsibility to follow traffic laws and operate their vehicles safely. When someone fails to move over or slow down, that conduct may help establish negligence.
However, a traffic violation does not automatically make someone responsible for every resulting injury. An injured person generally must show that the driver’s conduct contributed to the collision and caused damages.
Florida also follows a modified comparative negligence system for most negligence claims. Under Florida Statutes § 768.81, someone found more than 50% responsible for their injuries generally cannot recover damages in cases governed by that rule. Evidence of each person’s actions can therefore affect the outcome.
What To Do if You Were Hit While Stopped on the Shoulder
If another vehicle strikes you while you are stopped along a Florida road, your immediate priority should be safety.
If possible, take these steps:
- Call 911 and report the collision.
- Move away from traffic when it is safe.
- Seek medical attention for any injuries.
- Photograph the vehicles, road conditions, and warning lights.
- Collect witness names and contact information.
- Obtain a copy of the crash report.
- Keep records of medical treatment and related expenses.
Avoid standing near moving traffic to collect evidence. Your safety comes first.
For more information, contact an experienced Jacksonville car accident attorney at Baggett Law Personal Injury Lawyers to schedule a free consultation today.
We serve Duval County, St. Johns County, and the surrounding areas:
Baggett Law Personal Injury Lawyers – Jacksonville
9471 Baymeadows Rd #105,
Jacksonville, FL 32256
(904) 396-1100
Baggett Law Personal Injury Lawyers – Downtown Jacksonville
121 W Forsyth St Suite 1000,
Jacksonville, FL 32202
(904) 822-4225
Baggett Law Personal Injury Lawyers – Ponte Vedra
480 Town Plaza Ave #130,
Ponte Vedra Beach, FL 32081
(904) 675-1167