Updated October 16, 2026.
A breakdown on a freeway shoulder can leave a driver, passengers and roadside workers close to moving traffic. If a collision follows, the position of each vehicle and the warning devices in use matter more than assumptions about who caused it. California expanded its Move Over protection in 2026, but a particular injury claim still requires a factual review.
The earlier version of this article described a March 10, 2026 Sacramento I-5 crash without an incident-specific source sufficient to verify its detailed narrative. Those casualty and fault allegations are not repeated here.
What changed in the Move Over rule?
The DMV’s 2026 new-laws announcement identifies AB 390 as expanding protection to stationary vehicles displaying hazard lights or another warning device. It is not limited to police cars or tow trucks.
Caltrans explains that approaching freeway drivers should change to an available nonadjacent lane when safe and lawful; if that cannot be done safely, they should reduce speed appropriately for conditions. This is different from yielding to an emergency vehicle moving behind you. Follow an officer’s directions at the scene.
Get help without creating another hazard
Call 911 for an emergency and tell the dispatcher your direction, nearest exit and whether anyone is in a traffic lane. Decisions about moving or exiting a disabled vehicle depend on the immediate surroundings; do not walk into traffic to collect proof.
After urgent safety and medical needs are addressed, use our post-accident guide to organize information. A legal checklist should never take priority over emergency instructions.
Record the roadside conditions accurately
- Where the disabled vehicle stopped relative to the shoulder, lane markings and any barrier.
- Whether hazard lights, cones, flares or other warnings were present, and who observed them.
- Lighting, weather, visibility and traffic conditions at the relevant time.
- The sequence of impacts and whether vehicles moved before photographs were taken.
- Roadside-assistance dispatch, towing records, witness details and the responding agency’s report number.
Keep original files and messages. Describe what you personally saw separately from what another driver told you. Photos taken afterward may not establish which lights were operating before impact.
A safety rule does not settle every liability question
Potential violations, causation and the conduct of everyone involved require analysis. Do not assume a truck’s presence proves fatigue or that a car on the shoulder establishes a particular mechanical failure. A citation and an injury claim also involve different decisions.
Where several impacts occurred, preserve evidence identifying which vehicle struck which object and when. Commercial dispatch or electronic records may be relevant, but not every vehicle has the same data or retains it indefinitely.
Bring a complete claim file for review
Keep treatment records, bills, work-loss documents and insurance correspondence alongside the collision evidence. Ask about deadlines early, particularly if a public entity’s conduct may be involved. Negotiations and a records request do not automatically extend filing deadlines.
Request a free case review from Fairmont Law Firm or call (800) 324-7666. Intake assistance is available 24/7 in English and Spanish. A review can identify unanswered questions without promising a particular recovery.
General information, not legal advice. The applicable rules and deadlines depend on the facts.