Delaware's Move Over Law: What Happens if Someone Breaks It?
Every driver has seen a vehicle pulled over on the side of the road and instinctively eased off the gas. In Delaware, that instinct isn't enough. The law requires a specific response — and the consequences for ignoring it have recently become significantly more serious.
Every driver has seen a vehicle pulled over on the side of the road and instinctively eased off the gas. In Delaware, that instinct is not enough. The law requires a specific response, and the consequences for ignoring it have recently become significantly more serious.
If you were hit by a driver who failed to move over, this guide explains exactly what Delaware requires, what happens when drivers break it, and what your options are if you were injured as a result.
What Does Delaware's Move Over Law Actually Require?
Under Delaware law, any driver approaching a stationary vehicle on the side of the road is required to take one of two actions:
Move Over
Change lanes into one that is not next to the stopped vehicle.
Slow Down Significantly
Reduce your speed to a safe speed. On roads posted 50 mph or higher:
The Law Now Covers More Than Emergency Vehicles
The law applies to any vehicle stopped on the side of the road displaying flashing lights, hazard lights, flares, or warning signs. In addition to emergency vehicles and tow trucks, you must also move over for stranded civilian vehicles. If any of those signals are visible, the requirement applies.
What Are the Penalties for Violating the Move Over Law in Delaware?
Delaware recently strengthened its Move Over Law, significantly increasing the consequences for drivers who fail to comply. Here is what the law now carries:
How Does a Move Over Violation Affect a Personal Injury Claim?
When a driver violates Delaware's Move Over Law and causes an accident, that violation becomes direct evidence of negligence in your personal injury claim. They broke a specific law designed to protect people in exactly that situation, and that fact is on record.
Modified Comparative Negligence and Move Over Violations
Delaware follows a Modified Comparative Negligence rule, which means you can recover compensation as long as your share of fault is below 51%. A documented Move Over violation shifts the at-fault percentage significantly in your favor, making it harder for the other driver's insurance company to argue that you were equally or more responsible for the crash.
If the violation resulted in a criminal charge or conviction, that record can further strengthen your civil case. The stronger the evidence of the other driver's legal violation, the more difficult it becomes for the insurance company to minimize what they owe you.
Hit by a Driver Who Failed to Move Over?
The violation is on record. Let us make sure it is used to its full potential in your case.
What to Do if You Are Hit by a Driver Who Failed to Move Over
The steps you take immediately after an accident directly affect your ability to demonstrate the violation and protect your claim. Here is what to do:
- Call the Police Immediately A police report is essential. Make sure the officer notes the location, the presence of any stopped vehicle with lights or hazard signals activated, and whether the at-fault driver failed to move over or slow down.
- Document the Scene Photograph the stopped vehicle, its flashing lights or hazard signals, the lane positions of both vehicles, and any visible damage. Do this before anything is moved.
- Note Any Witnesses Other drivers or anyone else who observed the crash can provide independent accounts of what happened. Get their contact information before they leave the scene.
- Check for Camera Footage Stopped vehicles, nearby businesses, and traffic cameras may have captured the incident. Your attorney can request this footage before it is deleted. A working dash cam can be a vital tool used to increase the value of your case.
- Seek Medical Attention Immediately Get evaluated within 24 hours even if you feel fine. Documentation of your injuries tied directly to the date of the crash is critical for your claim.
- Contact an Attorney A Move Over violation is a strong foundation for a personal injury claim, but only if the evidence is properly preserved and presented. An attorney can make sure nothing is missed from the start.
Why The Inkell Firm Is the Right Choice After a Move Over Accident
A Move Over violation is one of the clearest cases of documented negligence on the road. The law was broken, the evidence exists, and your claim deserves to fully reflect that.
The Inkell Firm has spent years on both sides of personal injury claims. We know how insurance companies respond when a traffic violation is on record and how to make sure that violation is used to its full potential in your case. From securing dashcam footage to acquiring law enforcement records, we move fast to preserve the evidence that matters most.
If you were hit by a driver who failed to move over in Delaware, contact The Inkell Firm today for a free consultation and let us build a strong case for you. Don't you deserve that?
Frequently Asked Questions
Does the Move Over Law apply on two-lane roads in Delaware?
Yes, but the requirement is different. On a two-lane road where changing lanes would put you in the path of oncoming traffic, moving over is not always possible. In that case, Delaware law requires you to slow down to a safe speed while passing the stopped vehicle. The obligation to respond to flashing lights or hazard signals applies regardless of the road type or size.
What if the stopped vehicle's lights were not flashing at the time of the accident?
If no lights, hazards, flares, or warning signs were visible, the Move Over Law may not have been legally in force at that moment. However, the driver is still required to drive at a safe and reasonable speed for the road conditions and weather. The presence of any stopped vehicle on the side of the road still demands caution from any approaching driver.
What if the driver claims they did not see the lights or hazard signals?
Just because they say it does not make it true. Saying they did not see the signals does not eliminate their liability. Delaware law places the responsibility on every driver to be alert to any vehicle displaying lights, hazards, flares, or warning signs on the side of the road. Physical evidence, dashcam footage, and witness accounts can all contradict that claim.
Does the Move Over Law apply to construction zones in Delaware?
Since the 2023 expansion of the Move Over Law, it now applies to any vehicle displaying flashing lights, hazard lights, flares, or warning signs, which can even include construction vehicles. That said, construction zones have their own separate rules, and violations of the construction zone rules carry enhanced penalties under Delaware law. An attorney can advise you on which set of rules applies to your situation and what the next steps are for your case.
The Law Was Broken. The Evidence Exists.
A confidential conversation with The Inkell Firm carries no obligation. We move fast to secure dashcam footage, pull law enforcement records, and use the violation to its full potential in your case.