Utah's Move-Over Law: Hit on the Roadside by a Driver Who Didn't Slow Down or Change Lanes
General information, not legal advice. Read the full disclaimer.
Short answer: Utah Code § 41-6a-904 requires a driver approaching a stationary authorized emergency vehicle displaying flashing red, red-and-white, or red-and-blue lights, a stationary tow truck or highway maintenance vehicle displaying flashing amber lights, or a stationary vehicle with its hazard lights on (not parked in an apparent legal parking area) to reduce speed, provide as much space as practical, and, if traveling in an adjacent lane, change to a non-adjacent lane when practical and safe. A violation is an infraction, and a person convicted must attend a four-hour live classroom defensive driving course. If a driver ignored the law and hit you or your vehicle, the violation can be strong evidence of negligence.
Who this guide is for
People hurt in roadside crashes: tow operators, highway workers, first responders, and motorists on the shoulder — and their families.
What the law requires
Under the version of § 41-6a-904 effective May 3, 2023 (confirm current text), drivers must:
| Situation | Required action |
|---|---|
| Approaching an emergency vehicle with audible or visual signals (moving) | Yield, move as close as possible to the right edge, clear of any intersection, stop and stay stopped until it passes |
| Approaching a stationary emergency vehicle with flashing red, red/white, or red/blue lights | Slow down, provide as much space as practical, and if in an adjacent lane and practical, change lanes away from it |
| Approaching a stationary tow truck or highway maintenance vehicle with flashing amber lights | Same duties |
| Approaching a stationary vehicle adjacent to the highway with hazard lights flashing (not in an apparent legal parking area) | Same duties |
| Traveling in an HOV lane | If practical and safe, move out of the HOV lane to a lane not adjacent to the stationary vehicle |
Other rules in the section: drivers may not follow an emergency vehicle using signals within 500 feet, pass a moving one, or stop within 500 feet of a fire apparatus responding to an alarm. The law doesn't relieve operators of emergency vehicles, tow trucks, or maintenance vehicles of the duty to drive with regard for everyone's safety.
Penalties
A violation is an infraction. The violator must attend a four-hour live classroom defensive driving course, and the Driver License Division suspends the license for 90 days if the person violates certain subsections and fails to complete the course within 90 days of sentencing or pleading guilty; the suspension is shortened once a certificate is provided.
How the law helps an injury claim
- Evidence of negligence. A driver's failure to slow down or change lanes, when it was practical and safe to do so, helps show a breach of the duty of care. A citation or conviction can be part of the evidence, though the rules about admitting traffic citations in a civil case have their own limits.
- Fault allocation. Utah's comparative fault rules still apply: if the injured person's own conduct contributed (for example, standing in a traffic lane unnecessarily), fault is divided by percentage. See Utah's Comparative Fault Rule.
- The "practical" language. The lane-change duty applies "if practical and with due regard to safety and traffic conditions." A defendant may argue a lane change wasn't safe, but the slow-down and space duties still apply.
Workers hurt on the roadside
If you were hurt while working — a tow operator, road crew member, or first responder — you may have both a workers' compensation claim against your employer and a third-party claim against the negligent driver. See Utah Workers' Compensation: Third-Party Claims. Government employees may have claims involving the Governmental Immunity Act if a government vehicle was at fault. See Utah Government Vehicle Accident Claims.
If you were stopped for a breakdown
Drivers must also treat stopped vehicles with hazard lights as a hazard to approach cautiously. If a passing driver struck your disabled vehicle, your own PIP and, if the other driver was at fault and you meet the threshold, a liability claim may apply. See Utah's PIP Coverage Explained and Utah's Tort Threshold.
What to do after a roadside crash
- Get to safety and call 911.
- Document the scene: photos of the stationary vehicle's lights, lane positions, and skid marks; dash cam footage if any.
- Get witness names.
- Request the crash report. See How to Request a Utah Accident Report.
- Seek medical care and keep records.
Frequently asked questions
Does the move-over law apply to a regular stopped car?
It applies to a stationary vehicle adjacent to a highway with hazard lights illuminated that isn't in an apparent legal parking area.
Do I have to change lanes?
Only if practical and safe; you must still slow down and give as much space as practical.
Is it a crime in Utah to violate the move-over law?
It's an infraction, plus a required defensive driving course.
Does a ticket prove I can win a civil case?
Not automatically, but the violation is evidence of negligence.