The Role of Florida’s “Move Over Law” in Preventing Car Accidents
We often associate car accidents with events where both vehicles are moving at the same time, such as when two cars collide at an intersection. But collisions between a moving vehicle and a stopped or parked vehicle are often just as common, and just as deadly. Indeed, people inside a stopped vehicle are far more likely to suffer death or serious injury if they are struck by a vehicle traveling at high speed.
Holiday Collisions Illustrate Risks to First Responders, Parked Vehicles
Just before Christmas 2025, the Florida Highway Patrol (FHP) responded to an accident on I-95 North in Brevard County, A commercial tractor-trailer struck the back end of a parked Florida Department of Transportation (FDOT) surveyor truck that was responding to a vehicle fire. According to FHP, there were two FDOT workers inside the surveyor truck. One of the workers died due to the tractor-trailer’s impact; the other worker required emergency hospitalization.
There was another recent incident in Volusia County where a driver struck an ambulance attending to the scene of an unrelated accident. Fortunately, the two EMS workers inside the ambulance escaped without serious injury.
Both of these incidents highlight the risks to first responders or anyone stopped at the side of a road due to an emergency situation. This is why Florida has what is known as a “Move Over” law. Under Section 316.126 of the Florida Statutes, all drivers must yield the right-of-way to an emergency, service, utility, or disabled vehicle stopped on the side of the road. This means the driver must “move over” to a lane to avoid a collision. If it is not safe to move over, drivers must instead reduce their speed to no more than 20 miles per hour, or 5 miles per hour when the posted speed limit is 20 miles per hour or below.
It is important to emphasize this law does not just apply to first responders. Under an amendment that took effect in January 2025, the Move Over law now applies to any vehicle that is stopped on the size of the road with their hazard lights flashing or otherwise displaying emergency flares or signage. So even if someone pulls over to the side of the road with a flat tire, other vehicles must obey the Move Over law.
Contact a Pasco County Car Accident Lawyer
As with any traffic violation, a person who causes death or serious injury to another by ignoring the Move Over law may be subject to civil liability in a personal injury claim. Reckless driving is never acceptable, especially when it endangers the safety of people parked or standing at the side of a road in response to an emergency situation. All drivers need to exercise caution and common sense in these situations and avoid making things worse for everyone involved.
If you have been injured in a preventable collision caused by a negligent driver, our Pasco County car accident attorney can help. Call the offices of Wendy Doyle-Palumbo, Esq., today at (727) 233-2134 to schedule a consultation. We serve clients in Hudson, New Port Richie, and Pasco County.