Maryland’s Move Over Law: Liability When Roadside Workers or Stopped Motorists Get Hit

A trooper writing a ticket on the shoulder of I-95. A tow operator hooking up a disabled SUV on the Beltway. A family changing a flat on Route 50 with the hazards blinking. Each of them is standing a few feet from traffic moving at highway speed, trusting that approaching drivers will give them room. For our Maryland personal injury attorneys, many of whom serve first responders and their families, the question of what happens when that trust is broken comes up far too often.

What the Law Actually Requires

Maryland’s Move Over Law is found in Section 21-405(e) of the Transportation Article. It began in 2010 as protection for emergency vehicles, later expanded to tow trucks and service vehicles, and since October 1, 2022, it has covered any stopped, standing, or parked vehicle displaying hazard lights, road flares, traffic cones, or other caution signals.

The statute gives drivers two options. They must move into a lane that is not adjacent to the stopped vehicle if they can do so safely. If they cannot, they must slow to a reasonable and prudent speed for the conditions. According to the Maryland State Police, a violation carries a $110 fine and one point, rising to $150 and three points if it contributes to a crash, and $750 when someone is seriously injured or killed.

Turning a Traffic Violation Into a Civil Claim

A citation alone does not win an injury case. In Maryland, breaking a safety statute is evidence of negligence rather than automatic proof of it, so the injured person still has to connect the violation to the harm. The most contested issues tend to be:

• Whether moving over was actually “safe and possible,” since drivers often claim traffic boxed them in and then fail to explain why they did not slow down instead.
• Whether the warning signals were on and visible, which makes dashcam, bodycam, and tow truck camera footage critical.
• The speed of the striking vehicle, often reconstructed from event data recorders and damage patterns.
• Whether the injured person contributed to the crash, because Maryland’s contributory negligence rule can bar recovery entirely if a stranded motorist is found even slightly at fault.
• Available insurance, including the at-fault driver’s policy and the victim’s own uninsured and underinsured motorist coverage.

For first responders, there are usually two tracks. Workers’ compensation covers medical care and lost wages regardless of fault. A separate third-party claim against the driver who failed to move over can recover damages that workers’ compensation never pays, such as pain and suffering.

When the Shoulder Becomes the Scene

These cases move fast. Video gets overwritten, vehicles get repaired, and witnesses scatter. If you or someone you love was struck while working a roadside call or waiting for help beside a disabled vehicle, Berman | Sobin | Gross LLP can step in to preserve the evidence and coordinate any workers’ compensation benefits with a claim against the driver.

Call our Maryland personal injury lawyers to schedule a consultation and find out where your case stands.

Sourc:mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gtr&section=21-405&enactments=false