Being stranded on the shoulder of a busy highway like the I-25 or C-470 is a terrifying experience. Whether you are a first responder attending a scene or a motorist changing a flat tire, you are incredibly vulnerable to passing traffic. Colorado’s “Move Over” law was enacted specifically to create a buffer of safety for these “highway heroes” and everyday citizens alike. At Lampert & Walsh, LLC, we see firsthand the devastation caused when drivers ignore these rules. When a motorist fails to move over or slow down, and a collision occurs, the legal path to recovery often hinges on specific statutory violations that can significantly simplify a victim’s personal injury claim.
Understanding CRS 42-4-705: The Legal Requirement
State traffic laws commonly require drivers approaching a stationary vehicle with flashing lights to take specific precautions, such as slowing down or changing lanes when safe to do so, to protect emergency responders and stranded motorists. Originally designed for police, fire, and EMS, the law has been expanded to protect a much broader “class” of people on the roadside.
The law currently applies to:
- Emergency Vehicles: Police, fire trucks, and ambulances.
- Service Vehicles: Tow trucks, utility service vehicles, and maintenance crews.
- Passenger Vehicles: Any stationary vehicle displaying hazard lights.
What the Law Requires of Drivers?
If you are approaching a stationary vehicle with flashing lights on a highway with at least two adjacent lanes:
- Move Over: You must move at least one lane away from the stationary vehicle if it is safe to do so.
- Slow Down: If moving over is not possible or safe, you must reduce your speed to a “safe” level.
As of the latest updates, “safe speed” is legally defined as:
- Below 45 MPH Zone: Slow down to 25 MPH or less.
- 45 MPH or Higher Zone: Reduce speed by at least 20 MPH below the posted limit.
Roadside Accident Liability and Negligence Per Se
In a typical personal injury case, the victim must painstakingly prove that the other driver was “negligent” by failing to act as a reasonable person. However, Colorado Move Over law accidents often fall under the doctrine of negligence per se Colorado.
Negligence per se occurs when a driver violates a safety statute designed to protect a specific group of people from a specific type of harm. Because CRS 42-4-705 is a safety statute intended to prevent roadside collisions, a driver who is cited for failing to move over is often presumed negligent as a matter of law.
The Impact on Your Personal Injury Claim
Using negligence per se can be a “shortcut” for your legal team. Instead of debating whether the driver was “careless,” we focus on the fact that they broke the law. To win using this doctrine, we must show:
- The defendant violated the statute (e.g., they didn’t move over).
- The violation caused the accident.
- You are the type of person in the law that was meant to protect (a roadside worker or motorist).
- The accident was the type of harm the law was meant to prevent.
The Human Cost: Roadside Statistics in Colorado
Roadside safety remains a critical issue in the state. According to Colorado Department of Transportation (CDOT), traffic fatalities in Colorado reached 701 in 2025. While work zone deaths saw a decrease due to increased enforcement, the risk to individuals outside of their vehicles, such as those changing a tire or waiting for a tow, remains high.
The Colorado State Patrol reports that in 2024 alone, 46 emergency responders were struck and killed on U.S. roadways. In Colorado, failure to yield to stationary vehicles is not just a minor infraction; if it results in bodily injury, it is a Class 1 misdemeanor, and if it results in death, it can be prosecuted as a Class 6 felony.
Colorado Roadside Accident Data Overview
| Category | Typical Annual Impact / Status | Legal Consequence of Violation |
|---|---|---|
| Emergency Responders Hit | Significant upward trend nationally | Class 1 Misdemeanor (if injury) |
| Primary Crash Cause | Speeding/Failure to Move Over | Negligence Per Se applies |
| Most Dangerous Times | Nighttime and Inclement Weather | Enhanced “Careless Driving” charges |
| Vulnerable Groups | Tow operators, police, stranded motorists | Protected under CRS 42-4-705 |
Proving Your Case After a Roadside Crash
Building a successful claim for a roadside auto accident requires immediate action to preserve evidence. Unlike a standard intersection collision, the evidence on a highway shoulder can disappear quickly as lanes are cleared.
At Lampert & Walsh, LLC, we look for specific “smoking gun” evidence:
- Officer Citations: If the trooper at the scene issued a ticket specifically for a Move Over violation, it becomes the cornerstone of a negligence per se argument.
- Dashcam and Bodycam: We frequently subpoena footage from police cruisers or tow trucks that were present at the time of the strike.
- Electronic Logs: For commercial truck accidents, we examine the “black box” data to see if the driver even attempted to slow down or change lanes.
Common Defenses Used by Insurance Companies
Even when a law is clearly violated, insurance adjusters often try to shift blame to the victim. Common tactics include:
- “It wasn’t safe to move over”: They may argue heavy traffic prevented a lane change. (However, the law still requires slowing down significantly in this scenario).
- “Lights weren’t visible”: They may claim the stationary vehicle’s hazards or emergency lights were not functioning or obscured.
- Comparative Fault: They might argue the stranded motorist was parked too far into the travel lane.
In Colorado, we use a “modified comparative negligence” system. As long as you are less than 50% at fault, you can still recover damages. Our job is to prove the move-over violation was the primary cause of the harm.
Protecting Your Rights After a Move Over Law Violation in Colorado
Colorado’s Move Over Law is a vital shield for anyone forced to stop on the side of our busy roadways. When drivers ignore the flashing lights of an emergency vehicle or a stranded car, they aren’t just being rude; they are breaking a law designed to save lives. If you or a loved one has been a victim of a roadside accident, the path to justice is often paved by proving this statutory violation. At Lampert & Walsh, LLC, we understand the nuances of CRS 42-4-705 and how to leverage it to secure the compensation you deserve. Don’t let an insurance company tell you that a roadside crash was “just an accident.” To protect your rights and explore your legal options, please contact us today for a comprehensive consultation.
Frequently Asked Questions (FAQs)
Does the Move Over Law apply to regular cars, or just police and tow trucks?
Since 2023, the law has applied to all stationary vehicles with flashing hazard lights. This means if you are on the shoulder with your hazards on, passing drivers are legally required to move over or slow down for you.
What happens if there is too much traffic for the driver to move over?
If a driver cannot safely change lanes due to traffic or road conditions, they must slow down to a “safe speed.” On highways with a limit of 45+ MPH, they must drop their speed by at least 20 MPH below the limit.
How does a Move Over violation help my injury lawsuit?
It allows your attorney to use the doctrine of negligence per se. This means the court can presume the driver was negligent because they broke a specific safety law, making it easier to hold them liable for your medical bills and pain and suffering.
What are the criminal penalties for hitting someone in a move-over zone?
If a driver violates CRS 42-4-705 and causes bodily injury, it is a Class 1 misdemeanor, which can carry jail time and heavy fines. If the accident is fatal, the driver can face a Class 6 felony charge.
Can I sue the driver if I was a passenger in the stationary vehicle?
Yes. All occupants of the stationary vehicle, as well as anyone standing nearby (like a mechanic or first responder), are protected. You can pursue a claim for medical expenses, lost wages, and emotional distress.
