When a driver hits a vehicle lawfully stopped on the shoulder in Florida, the approaching driver is typically at fault. Florida’s Move Over Law, found in Fla. Stat. § 316.126, requires drivers to slow down and change lanes for stopped vehicles displaying hazard lights or warning signals. Violating that duty is strong evidence of negligence in an injury claim.
A serious crash on Miami-Dade’s roads this week put a spotlight on exactly this issue. On June 15, 2026, two Florida Highway Patrol troopers were seriously injured on the northbound Florida’s Turnpike near NW 106th Street, according to NBC6 Miami. Their patrol vehicles were stopped on the shoulder for a flat trailer tire when a Cadillac SUV veered off the roadway and struck a patrol car, which then struck a trooper. The driver was reported to have a suspended license. The case is a stark reminder of how dangerous the shoulder can be — and how Florida law assigns responsibility when it happens.
What Florida’s Move Over Law Requires
Florida’s Move Over Law tells drivers what to do when they approach a vehicle stopped on the side of the road. On a roadway with two or more lanes traveling in the same direction, an approaching driver must:
- Vacate the lane closest to the stopped vehicle when it is safe to do so; and
- If moving over is not possible, slow to 20 mph below the posted speed limit — or, where the limit is 20 mph or less, slow to 5 mph.
The goal is simple: give the people stopped on the shoulder a buffer of space and slower traffic so a momentary stop does not turn into a catastrophe.
The 2024 Expansion: It Now Covers Everyday Drivers
For years, the Move Over Law protected only emergency vehicles, tow trucks, and utility and sanitation vehicles. That changed with House Bill 425, effective January 1, 2024. The law now also covers any disabled vehicle stopped on the roadside that is displaying hazard lights, emergency flares, or warning or emergency signage — or where a person is visibly present.
In plain terms, the protection now reaches ordinary Floridians: the parent changing a flat tire, the commuter waiting beside a broken-down car, the Good Samaritan who pulled over to help, and the first responders and tow operators who work the roadside every day. If you were lawfully stopped on the shoulder with your hazards on, the Move Over Law was written to protect you.
Why a Move Over Violation Matters to Your Injury Claim
A driver who violates the Move Over Law commits a traffic infraction. In a civil injury case, that violation is powerful evidence of negligence — the legal failure to use reasonable care behind the wheel.
To win a Florida negligence claim, an injured person generally must show the other driver owed a duty of care, breached that duty, and caused harm as a result. A statutory violation like ignoring the Move Over Law helps establish that breach. It is not an automatic finding of liability, and every case turns on its facts, but it is often a central building block in proving the approaching driver was responsible. If you have questions about how the facts of your crash fit Florida law, a Florida car accident attorney can evaluate the evidence with you.
How Shared Fault Affects What You Can Recover
Florida uses a modified comparative negligence standard under House Bill 837 (2023). Under this 51% bar, an injured person found more than 50% at fault recovers nothing. If you are 50% or less at fault, you can still recover, but your damages are reduced by your percentage of fault. Because fault on the shoulder can be disputed — for example, whether your vehicle’s hazards were on — how the facts are documented and presented can directly affect your recovery.
What to Do If You Were Hit While Stopped on the Shoulder
If you were injured in a roadside crash, a few early steps can protect both your health and your claim:
- Get medical care right away, even if you feel “okay” at first — some injuries surface later.
- Make sure law enforcement documents the crash, including whether your hazards or flares were displayed.
- Preserve evidence: photos of the scene, your vehicle’s position, lighting, and any visible warning signals.
- Note witnesses and dashcam footage that show how the other driver approached.
- Be cautious with insurer statements before you understand your rights.
These details often decide how clearly the Move Over Law applies to your situation.
When the At-Fault Driver Can’t Pay
Sometimes the at-fault driver is uninsured or likely uninsured — as can be the case with a suspended license. In those situations, your own uninsured/underinsured motorist (UM/UIM) coverage may provide a recovery path even when the other driver cannot pay. A lawyer can review your policy to see whether this coverage applies to your roadside crash.
Frequently Asked Questions
What is Florida’s Move Over Law?
It is Fla. Stat. § 316.126, which requires drivers to move over a lane for stopped vehicles displaying warning signals, or to slow to 20 mph below the posted limit when moving over isn’t safe. Since January 1, 2024, it also covers disabled vehicles with hazard lights, flares, or a visible person present.
Is the driver who hit a stopped car on the shoulder automatically at fault?
Not automatically. A Move Over Law violation is strong evidence of negligence, but Florida liability depends on the full facts of each crash, including whether the stopped vehicle’s warning signals were displayed. An attorney can assess how the law applies to your case.
What if I was partly at fault?
Florida follows modified comparative negligence with a 51% bar. If you are 50% or less at fault, you can still recover, but your damages are reduced by your share. If you are found more than 50% at fault, you cannot recover.
How long do I have to file a claim in Florida?
For most Florida negligence and auto injury claims, the statute of limitations is two years. Deadlines can vary by case, so it is wise to speak with an attorney promptly to protect your rights.
What if the at-fault driver is uninsured?
You may be able to recover through your own uninsured/underinsured motorist (UM/UIM) coverage. A car accident lawyer can review your policy and explain your options.
Talk to a Florida Car Accident Lawyer
If you or a loved one was hurt while stopped on the shoulder, you don’t have to sort out the Move Over Law alone. The Perazzo Law Firm offers a free, confidential case evaluation, and there’s no attorney’s fee unless we recover for you (costs and expenses may apply). Call 888-PERAZZO or request your free case evaluation today. You can also speak with a Miami car accident lawyer about your roadside crash.
Past results do not guarantee a similar outcome. This blog is attorney advertising and is for informational purposes only; it is not legal advice and does not create an attorney-client relationship.