Farmer, Cline & Campbell Personal Injury Lawyers | September 4, 2025 | West Virginia Law
West Virginia has expanded its “move over” rule to protect more people on the roadside. Previously, drivers were required to move over only for emergency vehicles. As of July 2025, the law now covers any stationary vehicle that’s clearly signaling an emergency—think hazard flashers, warning lights, flares, or a reflective triangle. If you see those cues, you have legal duties to slow down and, when safe, change lanes.
What Changed—and Why It Matters
The updated statute recognizes that roadway danger isn’t limited to police and fire scenes. Disabled cars, delivery vans, tow trucks, utility vehicles, and good Samaritans changing a tire can all be at risk when traffic flies by at highway speeds.
The law’s new coverage is triggered when the stopped vehicle shows alternating red/blue or amber warning lights, emergency flashers/hazard lights, flares, or a retroreflective warning sign. In short, if you can tell someone needs help or is stopped for a roadside issue, you must take care.
Your Two Core Duties When You See a Stopped, Signaling Vehicle
The moment you spot a stationary vehicle showing hazard flashers, warning lights, flares, or a reflective triangle, your response boils down to two simple duties:
- Change Lanes When You Can (Multi-Lane Roads): If you’re on a highway with at least four lanes and two or more in your direction, you must proceed with due caution, move over to a lane not adjacent to the stopped vehicle when it’s safe, and reduce speed to a safe level for conditions.
- Slow Down When a Lane Change Isn’t Safe or Possible: If you can’t move over—due to traffic, weather, or road layout—you still have to proceed with due caution and slow down significantly.
If the signals are on, move over when you can; if you can’t, slow to the statutory maximums (or lower for conditions) and pass with caution.
Two-Lane vs. Multi-Lane Roads: How to Comply
How you comply depends on the roadway: on multi-lane divided highways, the law prioritizes a safe lane change to create a buffer; on two-lane or nondivided roads, it shifts the duty to a significant slow-down and extra space.
- Multi-Lane Highways: The first choice is to change lanes away from the stopped vehicle. If you can’t safely merge, drop to 25 mph and continue with caution.
- Two-Lane/Nondivided Roads: If you can’t “move over” into an extra lane, the rule becomes slow way down—15 mph max—and pass only when it’s safe, giving as much lateral space as the lane allows.
No matter the setting, the goal is the same—protect people on the shoulder—so if merging isn’t safe, slow even more and pass with heightened caution.
What Triggers Your Duty to Move Over or Slow Down?
Look for any of the following from a stationary vehicle:
- Alternating red, red-and-white, blue, or red-and-blue lights (emergency responders).
- Amber or yellow warning lights (service, utility, tow, or other roadside assistance).
- Emergency flashers/hazard lights (private passenger vehicles).
- Flares or a retroreflective warning sign/triangle (disabled vehicle markers).
If you see these, treat the scene like an active emergency—change lanes if you can, and always slow down.
Penalties Are Significant—and Escalate with Harm
Violating the move over rule is a misdemeanor. A conviction can mean up to a $500 fine, up to 60 days in jail, or both. If your violation causes property damage, your license is suspended for 90 days; if it injures someone, suspension is six months; and if it causes a death, your license is suspended for two years—in addition to criminal penalties.
There’s also a special enhancement: if you violate the move over law while also committing DUI, you face extra penalties—an additional $1,000 to $5,000 fine and up to six months in jail, on top of the DUI and move over consequences.
Practical Tips to Stay Compliant (and Keep People Safe)
Turn these simple habits into muscle memory so you’re always compliant with the law—and keeping everyone on the shoulder safer:
- Scan ahead for flashing lights or hazard markers—especially after hills and around curves.
- Signal early and check mirrors/blind spots so surrounding drivers understand you’re moving over.
- If traffic won’t let you merge, brake smoothly and drop to the statutory max (or lower if conditions warrant).
- At night or in bad weather, create extra space—visibility and stopping distances worsen quickly.
- Don’t rubberneck. Keep your eyes on the road; a quick, safe pass protects roadside workers and prevents secondary crashes.
When in doubt, slow down more, give extra space, and pass promptly—those small choices prevent crashes, protect roadside workers, and keep you on the right side of the law.
Contact Farmer, Cline & Campbell Personal Injury Lawyers for a Free Consultation
If you were hurt because a driver failed to move over or slow down, you don’t have to navigate the aftermath alone. Farmer, Cline & Campbell Personal Injury Lawyers can explain your rights under West Virginia’s updated law, preserve crucial evidence, and handle the insurance company while you focus on healing.
Your first consultation is free, and we’ll give you clear, practical guidance about your options and next steps. For more information, please contact an experienced car accident lawyer at Farmer, Cline & Campbell Personal Injury Lawyers, to schedule a free initial consultation today. We have convenient locations in Charleston, Beckley, Morgantown, WV.
Farmer, Cline & Campbell Personal Injury Lawyers – Charleston
746 Myrtle Rd
Charleston, WV 25314
(304) 346-5990
Farmer, Cline & Campbell Personal Injury Lawyers – Beckley
101 N Kanawha St, Suite 101
Beckley, WV 25801
(304) 252-5990
Farmer, Cline & Campbell Personal Injury Lawyers – Morgantown
453 Suncrest Towne Centre Drive, Suite 300
Morgantown, WV 26505
(304) 225-5990
