Roadside collision
Hit Beside a Stopped Vehicle? Do This Now
30-second answer
Get away from traffic if you can do so safely. Call 911 and get medical help. Do not return to the shoulder for photos. Ask someone in a safe place to record the vehicle, warning lights, lanes, and any barrier.
Legal information from Wildeboer Legal · Updated August 3, 2026
Do this now
- 1Reach a protected place if you can do so without crossing traffic or risking more harm.
- 2Call 911. Give the highway, direction, nearest exit, and whether anyone was struck outside a vehicle.
- 3Get medical care. Tell the provider how the impact happened and report your symptoms accurately.
- 4Ask a safe person to take original wide and close photos of the vehicles, warning lights, roadway, lanes, and barriers.
- 5Collect the incident number, tow location, witness contacts, driver details, and insurance information.
Avoid this
- Do not return to a dangerous shoulder, cross traffic lanes, or delay care to collect evidence.
- Do not stage warning devices, switch on lights afterward to recreate the scene, or edit original files.
Save these
- Original photos and videos
- Hazard lights, cones, flares, or reflectors shown in the scene
- Wide views of lanes, shoulder, ramps, signs, and any protective barrier
- 911, CHP, police, fire, ambulance, tow, and incident numbers
- Witness names and contact information
- Tow, repair, roadside-assistance, and dispatch records
- Medical records, bills, and symptom notes
- Insurance messages, claim numbers, and requested forms
Common questions
Does California’s Move Over law apply?
It may apply when a driver approaches a stationary vehicle adjacent to a highway that displayed hazard lights or another warning device. The rule covers a driver who would pass in the lane immediately next to that vehicle. It does not apply if the vehicle was not adjacent to the highway or a protective physical barrier separated it from the highway.
Did the other driver have to change lanes?
Not always. Unless a peace officer directs otherwise, the driver must move into an available nonadjacent lane when that move is lawful, practicable, and safe. If moving over is unsafe or impracticable, the driver must slow to a reasonable and prudent speed for the conditions.
Do hazard lights or a ticket prove who is liable?
No. Warning lights, a citation, or no citation may be evidence, but none automatically decides civil liability. Driver conduct, roadway conditions, causation, comparative fault, and injuries still require proof.
What if I was outside the stopped vehicle?
Get to safety and seek medical care first. Preserve where you were, why you were outside, where the vehicles were, and what warnings were displayed, but only when that can be done safely.
Want more detail?
Read the full explanation
Hit While Stopped? California's 2026 Move Over LawOfficial resources
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