Kibbey Wagner | July 4, 2025 | Florida Law
Florida’s Move Over Law helps keep people safe after they have pulled over to the side of the road, or because the vehicle is disabled or has stopped to provide services. As the name suggests, it requires drivers to move over, leaving a lane beside pulled-over cars clear.
If it is unsafe to do so, they must slow down, selecting a speed 20 mph below the speed limit. If the speed limit is already 20 mph or less, they must slow to 5 mph until they have passed the vehicles.
Even if you were previously aware of the Florida Move Over Law, Florida Statute 316.126, it is worth revisiting its content since it was recently updated and expanded. This means that there are now more scenarios in which this law should be observed.
When Should You Move Over? The Move Over Law Then and Now
The Florida Senate’s House Bill 425 extended the Move Over Law, which previously applied when motorists encountered tow trucks, emergency vehicles, utility vehicles, and municipal vehicles stopped on or beside the road.
It now applies to any vehicle that has stopped on the road, including:
- Pulled over vehicles displaying warning or hazard lights
- Stopped vehicles marked by emergency flares or emergency signage
- Stationary vehicles where a person or persons are present
It is easy to understand why the law has been expanded to cover all types of stationery vehicles. Imagine changing a tire beside a busy roadway at night. A single misstep could be fatal, and sadly, people have lost their lives in situations like these.
The Importance of Florida’s Move Over Law
The risks people face when they are active around stationary vehicles on the road or roadside are high. People who work in roadside assistance face them every time they are called to attend roadside emergencies. Even if you are not hurt, you can still sue for non-injury.
AAA reports an apparent increase in roadside fatalities among roadside assistance providers over the years. Its study on this topic notes that the dangers are greatest when vehicles must stop on interstates or high-speed highways and in low-visibility conditions, especially in the dark.
High-Risk Situations
One in four fatalities among roadside assistance workers occurred when people stepped into travel lanes, and most accidents occurred in good road and weather conditions. The study does not cover people with other types of stationary motor vehicles. However, it is reasonable to assume that regular people, less well-trained in how to work on or beside roads, may be even more vulnerable.
This indicates that if all road users observed Florida’s Move Over Law, multiple lives could be saved. The AAA shares this opinion, urging road users to comply with Slow Down, Move Over Laws. Unfortunately, there are indications that compliance may not be as robust as it should be.
Violations of Florida’s Move Over Law
Despite the dangers of failing to observe the Move Over Law, Florida Highway Safety and Motor Vehicles (FLHSMV) reports that failing to move over resulted in 170 crashes and over 14,000 citations in the state in a single year.
It warns motorists that failing to move over or slow down for stopped or disabled vehicles can result in fines, fees, and loss of driving record points. Most importantly, it poses a risk for drivers and their passengers, other motorists, first responders, and service personnel.
Contact Kibbey Wagner Injury & Car Accident Lawyers For Help Today
If an accident were to occur because someone else failed to observe Florida’s Move Over Law, then you may deserve compensation for any injuries from the car accident. The message is clear. If you see a stationary vehicle, move over, slow down, and be safe.
For more information, please contact the Stuart, Port St. Lucie, or Palm Beach Gardens personal injury law firm of Kibbey Wagner Injury & Car Accident Lawyers to schedule a free consultation today.
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Kibbey Wagner Injury & Car Accident Lawyers Stuart
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