Content reviewed by:
Alex Shulman
When a driver breaks New York’s Move Over Law and hits someone stopped on the roadside, that violation can serve as strong proof the driver was negligent. It doesn’t decide the whole case on its own. The violation still has to be linked to the crash, and the other side may argue it had a valid excuse or that you share some blame.
Below, Shulman & Hill Injury Lawyers explain how New York’s Move Over Law affects accident claims, from what the statute requires to how a violation can change the fault picture. Contact our car accident lawyers in New York if you need legal help after a crash.
What Vehicle and Traffic Law Section 1144-a Requires
Section 1144-a requires drivers to use due care to avoid hitting vehicles stopped on the shoulder or roadway. It covers four groups of stopped vehicles:
- Police, fire, and ambulance vehicles showing red, white, or blue emergency lights
- Hazard vehicles, such as tow trucks and highway crews, showing amber lights
- Snow plows and other vehicles showing green or blue lights
- Any other stopped, parked, or standing vehicle on a parkway or controlled-access highway
On parkways and controlled-access highways, due care includes moving out of the lane next to the stopped vehicle. That lane change still has to be safe and legal. When a driver can’t move over, slowing down and staying alert is still part of using due care.
The fourth group was added in an expansion that took effect on March 27, 2024. Before that date, a driver passing an ordinary car with a flat tire had no duty under this law to move over.
How the Move Over Law Affects Accident Claims in New York
Under state law, breaking a traffic statute without a valid excuse is generally treated as negligence in itself. Courts call this negligence per se. If a driver failed to move over and struck a stopped vehicle, you may not need to prove separately that the driver was careless.
You still need to show that the violation caused the crash and your injuries. A driver who failed to move over a mile earlier, for example, didn’t cause a crash that happened somewhere else. Shulman & Hill builds the link between the violation, the impact, and your medical records.
The driver may also try to excuse the violation. A sudden emergency, heavy traffic in the next lane, or a stopped vehicle hidden by a curve might be raised as reasons a lane change wasn’t possible. Those excuses still don’t remove the duty to slow down and take care.
Who May Be Responsible When a Driver Fails to Move Over
The passing driver is the usual target in these claims, but others may share the blame. A trucking company or delivery business may be liable when its employee caused the crash on the job. The registered owner can also answer for a permitted driver’s mistakes.
Insurers sometimes argue that the person on the shoulder was partly at fault. They may point to a car stopped too close to traffic, no hazard lights, or a driver standing in the lane. Shulman & Hill tests those arguments and helps victims get the compensation they need.
How a Violation Changes Fault Determination
In Move Over Law accident claims in New York, a violation often shifts much of the blame to the passing driver. It doesn’t always shift all of it. Under the state’s pure comparative fault rule, each person’s share of blame is weighed, and your award is reduced by your share.
Several factors can affect how fault gets divided:
- Whether the stopped vehicle had its hazard or emergency lights on
- How far onto the shoulder the stopped vehicle was parked
- Whether the passing driver had room and time to change lanes
- Weather, lighting, and how far ahead the stopped vehicle could be seen
- Whether a third vehicle pushed another car into the stopped one
Even if you share some fault, you can still recover. A person found 20% at fault would generally receive 80% of their damages. Shulman & Hill works to keep your share of the blame as low as the evidence allows.
Evidence That Supports a Move Over Claim
Dashcam and traffic camera footage can show whether the passing driver changed lanes or slowed down. Photos of the scene can show the width of the shoulder, the position of the stopped vehicle, and the lights it was showing. Many crashes on major highways are also recorded by police or tow operators.
Witness statements, the police report, and any ticket issued under Section 1144-a help fill in the rest. A ticket isn’t required for a civil claim, but it can help. Vehicle data from the passing car may also show its speed and whether it braked.
Shulman & Hill’s in-house investigators move fast to collect this proof. Footage from cameras on highways and businesses is often erased within days.
No-Fault Rules Still Apply
A move-over violation doesn’t change how the state’s no-fault system works. Your own policy still covers early treatment costs and a portion of missed income, regardless of who was to blame. You generally must file the no-fault application within 30 days.
Pain-and-suffering damages against the passing driver require clearing the serious injury threshold. That’s a separate question from fault, and it depends on medical proof. A clear violation helps prove fault but doesn’t prove a serious injury, so Shulman & Hill builds both parts of the claim side by side.
Talk to Shulman & Hill About Your Roadside Crash
New York’s Move Over Law can make accident claims stronger for anyone hit while stopped on the shoulder. Proving the violation, linking it to your injuries, and pushing back on shared-fault arguments all take quick action and solid evidence.
Shulman & Hill has recovered over $1 billion for clients since 2013, and you pay no fee unless we win. Call us today for a free roadside crash consultation and learn how the law may support your claim.