Protect Roadside Heroes—Know WV’s Updated “Move Over” Law 

Roadside workers, first responders, and stranded families deserve to be safe when they are on the side of the road. West Virginia’s updated ‘Move Over’ law is a clear set of rules you must follow when you see hazard lights, warning beacons, flares, or a reflective triangle.

If a driver ignored those duties and you or someone who is close to you was hurt, you may have questions about evidence, insurance, and timelines. A motor vehicle accident attorney could offer a consultation if you would like guidance on your options.

What Changed and When Did it Go Into Effect?

The Legislature revised W. Va. Code § 17C-14-9a to cover any stationary vehicle displaying emergency signals, not only police or fire scenes. The amendment requires a lane change away from the scene when safe. If a lane change is unsafe or impossible, you must slow significantly while passing. Local outlets and statewide public media reported the update and effective date of July 11, 2025.

The Speed Caps If You Cannot Move Over

If a driver cannot merge, the statute and current summaries describe clear speed limits while you pass the scene: no more than 15 mph on non-divided roads and no more than 25 mph on divided highways, with due caution. These caps apply while a motorist passes the stopped vehicle and any responders nearby.

When you see warning signals, you should:

• Move over one full lane away from the stopped vehicle when it is safe to do so
• Slow down to the statutory reduced speed limit if merging is unsafe or impossible, and proceed with caution
• Expect people on foot and equipment near the shoulder, and be prepared to stop

These requirements apply when you see emergency flashers, alternating red, blue, or amber lights, flares, reflective triangles, or similar warnings.

Why This Update Matters

Violations of the new “Move Over” law are classified as misdemeanors and may result in fines, possible confinement, and driver’s license consequences, with enhanced penalties when a crash causes injury or death. The expanded rule reduces confusion by applying protective steps to any properly signaled roadside stop, which improves safety for public workers and families waiting for help.

If you were hurt because someone did not follow this updated law, you should document the scene, including the presence of any cones, flares, lighting, and any warning devices. Save medical records, bills, and photographs of visible injuries. Ask nearby businesses for camera footage. Our attorneys could evaluate fault, identify all insurance sources, and protect your timeline.

Talk With a Lawyer About West Virginia’s new “Moved Over” Law

If a driver failed to move over or slow down while you were on the side of the road with flashing lights or other signals, we can review your options and explain the next steps in plain language. Our law firm could send preservation letters, request video, and handle insurer communications while you focus on treatment.

Call Jan Dils Attorneys at Law to schedule a free consultation. We could assess your case under West Virginia’s updated “Move Over” law, confirm how the 2025 changes apply, and outline a plan for compensation.