California’s move-over law now protects any driver stopped with hazard lights or warning devices on, not just emergency vehicles. If someone hit you on an Inland Empire freeway shoulder, that driver may have broken the law, which can help prove fault. Get to safety, call 911, photograph your hazards and the scene, and get medical care. Most claims must be filed within two years, so act quickly.
Your hazards are blinking. You are on the shoulder of the I-15 near the Cajon Pass with a flat tire or a dead engine on the I-10 in Ontario. Trucks roar past a few feet away. Then one does not move over, and everything goes sideways. If that happened to you, the California 2026 expansion of the move-over law may be the most important thing in your case.
Shoulder crashes are terrifying, and they are often serious. The person hit is usually standing outside the car or sitting still, with no way to react. Afterward, many victims hear the same line from the insurance company: “Well, you were stopped on the freeway.”
That argument is weaker than it used to be. Starting January 1, 2026, California law requires drivers to move over or slow down for any stopped vehicle showing hazard lights. Here is what that means for you and what to do next.
What to Do Right After a Freeway Shoulder Crash
Quick take: Get away from traffic if you can, call 911, and get medical care. Then document your hazard lights, warning devices, and the position of every vehicle. These details help prove you did everything right.
Your safety comes first. If you can move, get behind a barrier or well off the roadway. Secondary crashes on freeway shoulders are common.
- Call 911 and ask for the CHP, which handles freeway crashes
- Get checked out medically, even if you feel okay. Adrenaline hides injuries
- Photograph your hazard lights, flares, triangles, or cones
- Capture the scene: lane markings, skid marks, debris, and where each vehicle ended up
- Get witness names and numbers, including other stopped drivers or tow operators
- Keep your tow receipt and any roadside assistance records, which show when and where you stopped
What California’s Move Over Law Requires in 2026
Quick take: Drivers approaching any stopped vehicle with hazard lights or warning devices must move over a lane when it is safe or slow down to a safe speed if they cannot. Before 2026, the rule mainly covered emergency, tow, and highway maintenance vehicles.
The change came from AB 390, which amended Vehicle Code section 21809. The California DMV lists it among the laws that took effect January 1, 2026.
Here is who the law now protects:
- Everyday drivers stopped with a breakdown, flat tire, or after a minor crash
- Rideshare and delivery drivers pulled over with hazards on
- Tow, Caltrans, and maintenance crews, who were already covered
- Anyone using warning devices, like flares or reflective triangles
What drivers must do:
- Move over to a lane not next to the stopped vehicle, if it is safe
- Slow down to a reasonable and safe speed if moving over is not possible
Your hazards were blinking. The law told them to move over. They didn’t.
How the Move-Over Law Helps Prove Fault
Quick take: When a driver breaks a safety law and causes the kind of harm that law was meant to prevent, California presumes that driver was negligent. If someone ignored the move-over rule and hit you, that violation can be strong evidence of fault.
This legal rule is called “negligence per se.” It sounds technical, but the idea is simple: breaking a safety law is treated as proof of carelessness unless the driver can explain it away. California puts this in Evidence Code section 669, and juries hear it through the state’s official civil jury instructions.
To use it, you generally need to show:
- The driver violated the move-over law
- That violation caused your injuries
- You were the kind of person the law was meant to protect, which, as a stopped driver, you are
The other side may still argue you share some blame, for example, by claiming you stopped somewhere unsafe. California’s comparative fault rules let you recover even if you were partly at fault, though your share reduces your compensation.
Why Inland Empire Freeways Are So Dangerous for Stopped Drivers
Quick take: California has led the nation in deaths of people outside stopped vehicles in several recent years. Inland Empire freeways combine high speeds, heavy truck traffic, and long stretches of open road, which makes shoulder crashes especially dangerous.
The numbers behind AB 390 are sobering. According to the Assembly Transportation Committee’s analysis of the bill:
- About 500 Californians were killed while outside disabled vehicles from 2013 to 2023
- California ranked first in the nation for these deaths in 2017, 2018, 2020, and 2021
- 221 Californians died in 2022 in crashes involving stopped or disabled vehicles
The Inland Empire is a major contributor to this issue. Here is why local freeways are so risky:
- Truck corridors. The I-10, I-15, and SR-60 carry huge volumes of freight to and from warehouses in Ontario, Fontana, and Moreno Valley
- High speeds. Long, straight stretches encourage fast driving
- The Cajon Pass. Steep grades on the I-15 lead to overheating and breakdowns
- Night and early morning traffic. Fatigue and low visibility make stopped cars harder to see
Giving a stopped driver space on the shoulder is no longer a courtesy. It is the law.
Truck Hit You on the Shoulder? Extra Rules Apply
Quick take: If a commercial truck hit you, the trucking company may share responsibility along with the driver. Federal safety rules, driver logs, and the truck’s onboard data can all help prove what happened, and trucking companies usually carry much higher insurance limits.
Truck crashes on the shoulder are often catastrophic because of the sheer size and speed difference. They also involve more parties and more evidence:
- The trucking company may be liable for its driver’s conduct or for poor training, scheduling, or maintenance
- Driver hours records can show whether fatigue played a role
- Electronic data from the truck may show speed, braking, and lane position
- Higher insurance limits. Federal rules require many interstate carriers to carry at least $750,000 in liability coverage under 49 CFR 387.9
This evidence can disappear quickly if no one asks for it. Our truck accident lawyers know how to demand that insurers preserve it.
Insurance Tactics After a Shoulder Crash
Quick take: Insurers will try to blame you for stopping, question whether your hazards were on, or push a quick, low settlement. Knowing their playbook helps you avoid giving them the ammunition they want.
Adjusters work for the insurance company, not for you. Watch for these moves:
- “You shouldn’t have stopped there.” The law expects drivers to move over for stopped cars, not to avoid them only when convenient
- “Your hazards weren’t on.” This is why photos and witness statements matter
- The recorded statement. Your words can be twisted. You do not have to give one to the other driver’s insurer
- The fast, low offer. Early checks often come before you know the full extent of your injuries
- Delay. Some insurers drag things out, hoping you will give up or miss a deadline
Deadlines and Documents to Gather
Quick take: In most cases, you have two years to file a personal injury lawsuit in California. If a road defect or Caltrans issue played a role, you may have only six months to file a government claim. Start gathering records now.
Deadlines to know:
- Two years for most injury lawsuits under Code of Civil Procedure section 335.1
- Six months to file a claim against a government agency under Government Code section 911.2, such as for a dangerous shoulder design or missing signage
Documents to gather:
- CHP report number and the officer’s name
- Medical records and bills, including ER and follow-up visits
- Tow and repair records
- Photos and videos from the scene
- Proof of lost wages, like pay stubs or a letter from your employer
The Bottom Line
The 2026 expansion of the move-over law gives stopped drivers something they did not have before: a clear rule that the other driver was supposed to give them space. If someone ignored that rule and hurt you, you have a strong starting point for your claim.
Whether your crash happened on the I-10 in Ontario, the I-15 near Fontana, or the 210 through Rancho Cucamonga, our car accident team knows these freeways and how to hold careless drivers accountable.
Been in an accident or hurt on the job? You don’t have to navigate insurance companies alone. Oracle Law Firm fights to get you the compensation, control, and clarity you deserve.
Get a Free Consultation or call 888.597.4099.
Disclaimer: This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and past results do not guarantee future outcomes. For advice about your situation, speak with a licensed California attorney.
Frequently Asked Questions
What does California’s move-over law require in 2026?
Under AB 390, drivers approaching any stationary vehicle with hazard lights or warning devices must either move over a lane when it is safe to do so or slow to a reasonable and safe speed if they cannot move over. Before 2026, the rule mainly applied to emergency, tow, and highway maintenance vehicles.
Can I get compensation if I was hit while stopped on the shoulder?
Often, yes. If the other driver failed to move over or slow down, that violation can create a presumption of negligence under California law. The insurer may argue you share some blame, but California’s comparative fault rules still allow recovery reduced by your share of fault.
Who is liable if a truck hit my car on the freeway shoulder?
The truck driver and the trucking company may both be responsible. Trucking companies can be liable for their drivers’ conduct and for problems like poor training or unsafe schedules. Many interstate carriers also carry higher insurance limits than ordinary drivers.
What should I do after a freeway shoulder accident in the Inland Empire?
Get to safety, call 911 so the CHP can respond, and get medical care. Photograph your hazard lights, warning devices, and the scene, and collect witness information. Avoid giving a recorded statement to the other driver’s insurer before speaking with a lawyer.
How long do I have to file a claim after a shoulder crash in California?
Most personal injury lawsuits must be filed within two years of the injury. If a government agency like Caltrans shares responsibility, you may need to file a formal claim within six months. Talking to an attorney early helps protect both deadlines.
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