If you have ever had a tire blow out on the 405 near the Sepulveda Pass, you know the feeling: traffic roaring past a few feet from your door at 70 miles per hour, with nothing between you and it but a painted white line. Before 2026, California law protected the tow truck that came to rescue you far more than it protected you.
That gap closed on January 1, 2026. Assembly Bill 390 amended Vehicle Code section 21809 — the "Move Over, Slow Down" law — to extend its protection to any stationary vehicle displaying flashing hazard lights or another warning device. Stranded motorists, drivers exchanging insurance information after a fender bender, delivery drivers stopped with flashers on, and good Samaritans are now inside the protected class. For anyone injured in a roadside crash in Los Angeles, that is often the most important fact in the liability analysis.
What This Guide Covers
- What AB 390 actually changed
- The new Vehicle Code 21809 text
- Why a $50 infraction can decide a six-figure claim
- The exceptions defendants rely on
- What if you didn't turn your hazards on?
- Where roadside crashes happen in Los Angeles
- Other parties who may be liable
- Evidence that wins roadside cases
- Deadlines you cannot miss
- Frequently asked questions
What AB 390 Actually Changed
California's original Move Over law required drivers approaching certain stationary vehicles to move over a lane or slow down. The protected categories were narrow:
- Authorized emergency vehicles displaying emergency lights (police, fire, ambulance)
- Stationary tow trucks displaying flashing amber warning lights
- Stationary marked highway maintenance vehicles displaying flashing amber warning lights
Notice who is missing: the ordinary person whose transmission just failed. Under the old statute, a driver who blew past a disabled car at full freeway speed, inches from the driver changing a tire, violated no specific Move Over duty at all.
AB 390 added a catch-all category: "any other stationary vehicle displaying flashing hazard lights or another warning device, including, but not limited to, cones, flares, or retroreflective devices." That language is deliberately broad. It covers:
- A disabled passenger car with its four-way flashers on
- Two drivers pulled over on the shoulder after a minor collision, hazards blinking
- A rideshare or delivery vehicle stopped with flashers and a cone set out
- A vehicle with no working electrical system, where the occupant set out flares or reflective triangles
That last example matters: the statute protects hazard lights or another warning device, so reflective triangles count when your electrical system is dead.
The Exact Text: Vehicle Code § 21809 as Amended
Here is the operative language:
(a) A person driving a vehicle on a highway approaching a stationary authorized emergency vehicle displaying emergency lights, a stationary tow truck displaying flashing amber warning lights, a stationary marked highway maintenance vehicle displaying flashing amber warning lights, or any other stationary vehicle displaying flashing hazard lights or another warning device, including, but not limited to, cones, flares, or retroreflective devices, shall approach with due caution and, before passing in a lane immediately adjacent to [that vehicle], absent other direction by a peace officer, proceed to do one of the following:
(1) Make a lane change into an available lane not immediately adjacent to [the stationary vehicle], with due regard for safety and traffic conditions, if practicable and not prohibited by law.
(2) If the maneuver described in paragraph (1) would be unsafe or impracticable, slow to a reasonable and prudent speed that is safe for existing weather, road, and vehicular or pedestrian traffic conditions.
(b) A violation of subdivision (a) is an infraction, punishable by a fine of not more than fifty dollars ($50).
— Cal. Veh. Code § 21809, as amended by AB 390 (2025–2026 Reg. Sess.), operative January 1, 2026.
The statute imposes a two-tier duty. Moving over is the default; slowing down is the fallback, permitted only when moving over would be unsafe or impracticable. A defense lawyer arguing "my client couldn't change lanes" still must show the driver slowed to a prudent speed.
The $50 fine is misleading. The criminal penalty for violating section 21809 is trivial. Its civil consequences are not. A traffic infraction that costs a driver fifty dollars can establish the central liability element of a claim worth hundreds of thousands. The fine and the civil case are two entirely different systems.
Why a $50 Infraction Can Decide a Six-Figure Claim
California recognizes negligence per se (Evid. Code § 669), which presumes negligence if four things are true:
- The person violated a statute, ordinance, or regulation;
- The violation proximately caused death or injury to person or property;
- The injury resulted from the kind of occurrence the law was designed to prevent; and
- The injured person was in the class of persons the law was intended to protect.
Before AB 390, a stranded motorist failed at element four: the old statute protected responders, tow operators, and Caltrans crews — not a person changing a tire.
After AB 390, that argument is over before it starts. If you were stationary beside a Los Angeles highway with hazards on and a driver neither changed lanes nor slowed to a prudent speed, all four elements line up: the presumption shifts and the defense must rebut it. Adjusters price claims on the probability of an adverse verdict, and a clean statutory violation is a materially worse risk than a contested negligence argument.
The Exceptions Defendants Rely On
Section 21809 has built-in limits, and defense counsel looks for them first. The duty does not apply when the stationary vehicle:
- Is not adjacent to the highway — a car pulled well off into a dirt turnout, parking area, or rest stop lot is generally outside the statute's reach.
- Is separated from the highway by a protective physical barrier — a K-rail, concrete median, or guardrail between you and the travel lanes removes the duty.
A third limit: the duty applies "absent other direction by a peace officer," so a driver following CHP traffic direction has not violated the statute.
Two points matter. An exception to section 21809 is not an exception to liability — every driver owes an independent duty of ordinary care. And "adjacent to the highway" is a factual question that scene photographs usually decide.
Hit While Stopped on the Side of the Road?
Roadside crashes produce severe injuries because the victim is often outside the vehicle with no protection at all. Find out what your claim is worth — the consultation is free and you owe nothing unless we recover for you.
Call (323) 372-1216 NowWhat If You Didn't Turn Your Hazards On?
This is the question injured clients ask most often. The answer is usually no.
California is a pure comparative fault state. Under Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, a plaintiff's own negligence reduces recovery in proportion to their share of responsibility; it does not eliminate it. Even a plaintiff found 80% at fault recovers 20% of their damages. Unlike many other states, there is no threshold beyond which you are cut off.
So if you were stopped without hazard lights and were struck, several things are true at once:
- You may lose the benefit of the section 21809 presumption, because the statute is triggered by a displayed warning device.
- The approaching driver still owed you an ordinary duty of reasonable care, including the duty to keep a proper lookout and control their vehicle.
- Your failure to display hazards becomes a comparative fault argument that reduces — not eliminates — your recovery.
- The percentage split is a jury question, informed by lighting, visibility, shoulder width, the defendant's speed, and whether the defendant was distracted or impaired.
Never let an adjuster convince you a mistake on your part ends your claim. It is an argument about percentages, and percentages are negotiable.
Where Roadside Crashes Happen in Los Angeles
Los Angeles County's geography of roadside danger is not random:
| Location type | Why it's dangerous |
|---|---|
| The 405 through the Sepulveda Pass | Narrow or intermittent shoulders, sustained grades that cause overheating and blowouts, high-speed volume with limited sight distance. |
| The 5 and 14 through Santa Clarita and the Grapevine | Long grades that strand overheated vehicles and cause truck brake failures, plus wind exposure. |
| The 10 and 110 interchange downtown | Left-side shoulders and short merge zones that leave a stopped vehicle on the fast side of traffic. |
| The 101 through Hollywood and Cahuenga Pass | Substandard shoulder widths from an older design, heavy late-night traffic, elevated impaired-driving risk. |
| Surface arterials: Sepulveda, Venice, Vermont, Figueroa | Delivery vehicles and rideshares stopping with hazards on beside travel lanes, plus poor lighting. |
Night and early-morning hours are disproportionately represented, as is the left shoulder — drivers instinctively pull left when a tire fails in a fast lane, the most exposed position on the road.
Other Parties Who May Be Liable
The driver who struck you is the obvious defendant, but roadside cases often involve more than one responsible party — frequently the difference between a policy-limits settlement and full compensation.
Commercial employers
If the striking vehicle was a delivery van, big rig, or rideshare driver on an active trip, the employer may be vicariously liable under respondeat superior — and commercial policies carry far higher limits. Commercial defendants also generate telematics, ELD logs, dispatch records, and dash cam footage.
Manufacturers and repair shops
If a defective tire, failed steering component, or negligent repair work stranded you, a product liability or negligence claim may run against the manufacturer or shop. Keep every invoice.
Government entities
Caltrans, the City, or the County may be responsible for a dangerous condition of public property — an inadequate shoulder, missing guardrail, failed lighting, or a pothole that caused the breakdown. These claims carry a much shorter deadline.
Tow operators
A tow company that responded without proper warning devices, or positioned its truck unsafely, may share liability.
Our Los Angeles car accident practice routinely handles multi-defendant roadside cases, and where the crash involves a hazardous condition on premises rather than a roadway, our premises liability team handles the overlap.
Evidence That Wins Roadside Cases
Roadside claims turn on facts that vanish fast. Preserve:
- Photos or video of your hazard lights actually illuminated. This is the single most valuable evidence in an AB 390 case, and almost nobody thinks to capture it.
- Photos of any cones, flares, or reflective triangles as you placed them.
- Wide shots showing shoulder width and the absence of a barrier. These defeat the two statutory exceptions.
- The CHP or LAPD report number, and whether the officer cited the other driver under section 21809.
- Independent witness names and numbers. Motorists who stop scatter within minutes.
- Dash camera footage and nearby commercial or traffic camera locations — that footage often overwrites within days, so a preservation letter must go out fast.
- Medical treatment from day one. Treatment gaps are the most common way adjusters devalue serious injuries.
Assume too that the insurer will review your social media, fitness tracker, and location history. Post nothing about the crash or your recovery while the claim is open.
Deadlines You Cannot Miss
| Claim type | Deadline |
|---|---|
| Personal injury against a private driver or company | 2 years from the date of injury (Code Civ. Proc. § 335.1) |
| Property damage only | 3 years (Code Civ. Proc. § 338) |
| Claim against a government entity (Caltrans, City, County) | 6 months to file a written government claim (Gov. Code § 911.2), then a short window to sue after denial |
| Wrongful death | 2 years from the date of death |
| Uninsured/underinsured motorist claim | Governed by your policy — often much shorter; notify your carrier immediately |
The six-month government claim deadline quietly destroys otherwise strong cases. If any part of your crash involves a dangerous roadway condition, a public vehicle, or an agency work zone, treat six months as your real deadline.
Frequently Asked Questions
What did AB 390 change about California's Move Over law?
Effective January 1, 2026, AB 390 amended Vehicle Code section 21809 so the Move Over, Slow Down duty applies to any stationary vehicle displaying flashing hazard lights or another warning device such as cones, flares, or retroreflective devices. Previously the duty was limited to authorized emergency vehicles, tow trucks, and marked highway maintenance vehicles.
Does the Move Over law apply if my car is disabled on the shoulder of a Los Angeles freeway?
Yes. Under the amended section 21809, if your disabled vehicle is stationary next to the highway and is displaying flashing hazard lights or a warning device like cones or flares, approaching drivers must change lanes away from you when practicable, or slow to a reasonable and prudent speed if a lane change would be unsafe.
Is a Move Over violation automatically the other driver's fault?
Not automatically, but it is powerful evidence. California recognizes negligence per se: when a driver violates a safety statute and that violation causes the type of harm the statute was designed to prevent to a person the statute was designed to protect, negligence is presumed and the defense must rebut it.
What if I did not turn on my hazard lights before I was hit?
You may still recover. California uses pure comparative fault, so your compensation is reduced by your percentage of responsibility rather than barred. Failing to display hazards may support a comparative fault argument, but the approaching driver still owes an ordinary duty of reasonable care.
Does the Move Over law apply if there is a barrier between my car and traffic?
No. Section 21809 expressly does not apply when the stationary vehicle is not adjacent to the highway or is separated from the highway by a protective physical barrier. You may still have an ordinary negligence claim.
How long do I have to file a roadside accident claim in California?
Generally two years from the date of injury for a personal injury claim. If a government entity such as Caltrans or the City of Los Angeles may be responsible, a written government claim is usually required within six months, so act quickly.
What should I do right after a roadside crash?
Get to a position of safety away from traffic first — behind a barrier or up an embankment, never between vehicles. Call 911. Get medical evaluation the same day, because adrenaline masks serious injuries. Photograph your hazard lights and warning devices before the scene is cleared. Then speak with a lawyer before giving any recorded statement to the other driver's insurer.
The Bottom Line
AB 390 closed a real gap. For years the Move Over statute treated a tow truck operator and a stranded commuter as different classes of person, even though both stood in exactly the same dangerous place. As of January 1, 2026, the statute protects everyone stopped beside a California highway with their hazards on.
If you were struck on the shoulder in Los Angeles, that change likely strengthens your claim — but only if the evidence is preserved before it disappears. Talk to someone before you talk to the other driver's adjuster. Contact InjuryAllies or call (323) 372-1216 for a free, no-obligation case review.