You’ve seen them on the side of the road.
Flashing hazard lights. A flat tire. A family waiting for a tow truck.
For years, California law protected emergency workers and tow truck drivers.
But as of January 1, 2026, the rules changed for everyone.
This new law isn't just about traffic tickets.
It changes how we fight your personal injury case.
If you were hit on the shoulder, the law is now on your side more than ever.
We are here to explain what this means for you.
What Exactly Is the New ‘Move Over’ Law?
Before this year, you only had to move over for emergency vehicles.
This included police cars, ambulances, and Caltrans trucks.
The new law, Assembly Bill 390, expands those protections.
Now, you must move over for any vehicle stopped on the freeway.
This applies if the vehicle has its hazard lights on.
It also applies if they have flares or cones out.
If you see someone in distress, you have a legal duty.
You must move over one lane if it is safe.
If you cannot move over, you must slow down significantly.
This law is designed to stop "secondary accidents."
These happen when a car hits a vehicle already stopped on the shoulder.
They are often devastating and entirely preventable.
Why This Expansion Matters for Your Injury Case
If someone hit you while you were stopped, things just got easier.
In the past, insurance companies tried to blame the victim.
They would say you shouldn't have been on the shoulder.
They would claim you were "comparatively negligent."
Now, we can point to a specific safety statute.
When a driver breaks this law, it is called negligence per se.
This means the law assumes they were negligent because they broke a safety rule.
We don't just argue they were "careless."
We prove they violated the California Vehicle Code.
This puts the insurance company in a corner.
It makes it much harder for them to deny your claim.
Our team at Fairmont Law Firm knows how to use this.
We hold reckless drivers accountable for ignoring your safety.
Proving Fault After a Shoulder Collision
Insurance adjusters love to play games with the facts.
They will question if your hazard lights were actually on.
They will ask if it was "safe" for their driver to move over.
We don't let them get away with those excuses.
We gather the evidence needed to win.
This includes dashcam footage, witness statements, and electronic data.
Most modern cars record when hazard lights are activated.
We can often pull that data to prove you followed the rules.
If the other driver stayed in your lane, they broke the law.
It doesn’t matter if they were "only" going the speed limit.
The law says they must slow down further or move over.
Failure to do so is a clear breach of their duty to you.
What to Do If You Are Stranded on a California Highway
Your safety is the most important thing.
If your car breaks down, follow these steps to protect yourself.
Following these steps also helps your legal case later.
Step 1
Pull as far to the right as possible.
Step 2
Turn on your hazard lights immediately.
Step 3
Stay inside your vehicle with your seatbelt on if possible.
Step 4
Call for professional roadside assistance or 911.
By activating your hazards, you trigger the "Move Over" protection.
Any driver who hits you now faces serious legal consequences.
They aren't just a bad driver; they are a lawbreaker.
Your Roadside Safety Checklist
If you find yourself stuck, use this checklist.
☑ [ ] Turn on hazard lights immediately.
☑ [ ] Place flares or triangles if you can do so safely.
☑ [ ] Note the exact time you stopped.
☑ [ ] Take a photo of your car's position from a safe distance.
☑ [ ] Call Fairmont Law Firm if any contact occurs.
How Insurance Companies Will Try to Fight Back
Don't expect the insurance company to play fair.
Even with the new law, they will try to save money.
They might offer two different "solutions" to your claim.
Option 1
They offer a "quick settlement" before you know your full injuries.
Option 2
They claim their driver "couldn't see" your hazards due to weather.
Both options are designed to protect their bottom line.
A quick settlement usually covers only a fraction of your bills.
Claiming poor visibility is often a lie to shift blame.
The law requires drivers to adjust for weather conditions.
If it’s foggy, they should be driving even slower.
We see through these tactics every single day.
We fight to get you the maximum compensation you deserve.
Common Questions About the Move Over Law
People across California are asking how this affects them.
Here are the most common questions we hear.
Does this law apply to city streets?
The specific Vehicle Code section (VC 21809) focuses on freeways.
However, the general duty of care applies everywhere.
Drivers should always slow down for stopped vehicles on any road.
What if I didn't have my hazards on?
You may still have a case, but it becomes more complex.
We would focus on the driver’s general duty to avoid hazards.
Always turn your hazards on to make your case stronger.
What are the penalties for the other driver?
They face fines and points on their license.
If they cause an injury, they could face misdemeanor charges.
Most importantly, they are civilly liable for your damages.
Can I sue if a truck hit me?
Yes. Trucking companies must follow these laws strictly.
Commercial drivers have a higher standard of safety.
If a big rig ignores the move-over law, the results are often catastrophic.
We specialize in truck accident cases across California.
Why You Need a Personal Injury Lawyer California Trusts
The law is clear, but the legal process is not.
Insurance companies have teams of lawyers working against you.
You need a team that is fast and aggressive.
At Fairmont Law Firm, we focus exclusively on injury cases.
We know the 58 counties of California inside and out.
From San Diego to Redding, we fight for you.
We offer a Zero Fee Until We Win guarantee.
You never pay us a dime out of your own pocket.
We only get paid when we recover money for you.
This takes the financial stress off your shoulders.
You focus on healing; we focus on the fight.
Millions Recovered for Our Clients
We don't just talk about results; we deliver them.
Our firm has recovered millions for people just like you.
We understand the trauma of a roadside accident.
Your life can turn upside down in a split second.
Suddenly, you have medical bills piling up.
You might be missing work and losing wages.
The physical pain can be overwhelming.
We are here to be your protector and your voice.
Our bilingual support ensures that everyone has access to justice.
Se Habla Español. We make sure nothing is lost in translation.
Don't Wait to Protect Your Rights
Evidence disappears quickly after a highway accident.
Skid marks fade, and witnesses forget details.
The sooner you call us, the stronger your case will be.
We are available 24/7 to take your call.
You will get a Free Case Evaluation with no obligation.
We will listen to your story and explain your options.
If you were hit because someone failed to move over, they must pay.
California's new law is a powerful tool in our hands.
Let us use it to secure your future.
Contact Fairmont Law Firm Today
Don't let the insurance company push you around.
You deserve an advocate who won't back down.
We fight for the compensation you need to move forward.
This includes money for medical care, lost income, and your pain.
It takes only a minute to start your claim.
Call us now or visit our website to get started.
We are ready to fight for you.
Fairmont Law Firm: Your California Accident Experts.