What Virginia’s Move Over Law Means for Drivers — and Why It Matters After a Crash

Virginia’s Move Over Law has been on the books for years, but its importance is thrown into sharp relief every time a roadside worker, first responder, or stranded motorist is struck by a passing vehicle. With highway crash scenes, disabled vehicles, and emergency response activity a daily reality on Hampton Roads’ interstates and major roads, understanding what the law requires — and what happens when it is violated — matters for every driver in the region.

What Virginia’s Move Over Law Requires

Virginia Code § 46.2-861.1 requires drivers approaching certain stationary vehicles displaying qualifying warning lights to take additional precautions. On a highway with at least four lanes, including at least two lanes traveling in the driver’s direction, motorists must move into a lane not adjacent to the stationary vehicle when doing so is reasonable and safe. If changing lanes would be unreasonable or unsafe, drivers must proceed with due caution and maintain a safe speed for highway conditions. The law applies to several categories of stationary vehicles displaying specified warning lights or signals, including certain emergency, law enforcement, highway service, maintenance, and roadside vehicles.

The penalties for violating Virginia’s Move Over Law depend on the type of stationary vehicle involved. Certain violations constitute reckless driving, while others are punishable as traffic infractions. If a violation results in injury or death, the court may also suspend the driver’s privilege to operate a motor vehicle for up to two years.

Why Move Over Crashes Happen

Crashes near stopped emergency vehicles, highway workers, tow trucks, and disabled vehicles can occur under many different circumstances. Drivers may encounter lane closures, reduced roadway space, emergency lighting, stopped vehicles, workers outside their vehicles, and changing traffic patterns. Following Virginia’s Move Over requirements gives additional space to people working or stopped near active traffic.

When a collision occurs near a roadside scene, investigators may examine vehicle movements, speed, visibility, warning lights, witness statements, available video footage, and other evidence to determine what happened. Whether a driver violated Virginia’s Move Over Law will depend on the specific circumstances surrounding the incident.

Legal Consequences of a Move Over Violation That Causes Injury

A violation of Virginia’s Move Over Law may become relevant when determining responsibility for a crash. Whether a driver may be held civilly liable for injuries or a death will depend on the circumstances of the collision, the evidence establishing how it occurred, and whether the driver’s conduct contributed to the resulting harm.

If a roadside worker or first responder is killed in a collision and evidence establishes that another driver’s negligence contributed to the death, surviving family members may have legal options through a wrongful death claim. When someone is injured or killed while performing their job, workers’ compensation laws may also become relevant. Depending on the circumstances, a third-party claim against another driver may be available in addition to workers’ compensation benefits.

Virginia’s contributory negligence rule can also affect claims arising from roadside crashes. The actions of everyone involved and the specific circumstances surrounding the collision may become relevant when determining responsibility and evaluating an injured person’s legal options.

If you or a loved one was injured by a driver who failed to move over near an active crash or roadside scene anywhere in Virginia Beach, Norfolk, Chesapeake, Hampton, Suffolk, Portsmouth, Newport News, or across Hampton Roads, Breit Law is here to help. With more than 47 years of trial experience, William Breit has fought for injured Virginians and their families throughout Hampton Roads. Contact us today.

Map of the Hampton Roads region in Virginia, where the Move Over Law applies to qualifying roadside vehicles displaying warning lights.