If you drive in Florida, there's a traffic law that has expanded significantly in recent years — and every driver needs to understand it: the Move Over Law.

What started as a protection for emergency responders now applies to virtually any stopped vehicle on the side of the road, from tow trucks to drivers with a flat tire. If you don't know the details, you could face steep fines — or worse, cause a serious accident.

What Does Florida's Move Over Law Require?

Under Florida Statute 316.126, when you approach a stopped vehicle with flashing lights on the side of the road, you must do one of two things:

• Change lanes away from the stopped vehicle if it's safe to do so, or
• Reduce your speed to 20 mph below the posted speed limit if you cannot safely change lanes.

The law applies to:

• Police, fire, and ambulance vehicles
• Tow trucks and roadside assistance vehicles
• Road maintenance and construction vehicles
• Any stopped vehicle with hazard lights activated, including private drivers with mechanical problems

That last category is the most significant expansion. Many drivers used to believe the law only applied to official emergency vehicles. Today, if you see someone with their hazard lights on at the side of the road, the law requires you to act.

What Are the Penalties for Non-Compliance?

Violating Florida's Move Over Law can result in:

• A fine of $158 for a first offense
• A fine of $318 if the violation occurs in an active work zone
• Three points on your driver's license
• Criminal charges if the violation results in injury or death

If a driver violates the law and causes an accident, that violation can be used as evidence of negligence in a civil lawsuit. This matters if you were the one who was injured.

Why This Law Matters in Miami

Miami has some of Florida's busiest highways, including I-95, I-395, and US-1. Roadside stops are common, and high-speed traffic makes these situations especially dangerous.

Roadside accidents — often called "sideswipe" or "rear-sweep" crashes — can be devastating. People who exit their vehicles after a crash, or who wait for assistance on the shoulder, are extremely vulnerable.

According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), hundreds of people are injured each year in Florida in roadside incidents that could have been prevented if drivers had complied with the law.

What Happens If You're Hit on the Side of the Road?

If a driver who violated the Move Over Law strikes you or your vehicle while you're stopped, you have rights. Here's what to do:

1. Call 911 immediately Even if injuries seem minor, get a police report. Official documentation is critical for any later claim.

2. Document everything you can Photograph vehicle damage, car positions, skid marks, and any visible signage. If there are witnesses, get their contact information.

3. Seek medical attention Some injuries — like whiplash or traumatic brain injuries — don't show up right away. See a doctor even if you feel okay.

4. Don't speak with the other driver's insurance without guidance Insurance adjusters may contact you quickly. Their questions are designed to protect the company's interests, not yours. Get guidance before making any statements.

5. Contact 305-EN-DOLOR We can help you understand your options, connect you with legal assistance, and guide you through the next steps at no upfront cost.

The Law and Civil Liability

When a driver violates the Move Over Law and causes an accident, that violation is relevant in a civil case. In Florida, negligence is determined in part by whether a driver complied with traffic laws.

If the driver who hit you received a citation for violating the Move Over Law, that can significantly strengthen your position in an insurance claim or civil lawsuit.

However, Florida operates under a modified comparative negligence system (since 2023), which means that if you are found to be more than 50% at fault for the accident, you cannot recover damages. That's why documenting everything and getting legal guidance before speaking with any insurer is so important.

What to Do If You're Cited for a Violation

If you're the one who receives a citation for violating the Move Over Law — especially if there was an accident — it's important to understand your options. Depending on the circumstances, you may have the ability to contest the citation or negotiate the charges.

In either case, acting quickly and getting proper guidance can make a significant difference in the outcome.

Stay Safe on Miami's Roads

The Move Over Law exists for a reason: to protect vulnerable people on the side of the road. Every time you see flashing emergency lights, remember there's a real person in that situation — possibly scared, possibly injured.

Moving over or slowing down takes only a few seconds. It can save a life.

If you've been involved in a roadside accident in Miami — whether as a victim or as a cited driver — 305-EN-DOLOR is here to help you understand your options and connect you with the right support.