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West Virginia’s Move Over, Slow Down or Face Jail Law Expanded

Woman stranded on side of rural West Virginia road in vehicle.

Move Over, Slow Down Law Now Protects All Stopped Vehicles With Hazard Lights On

CHARLESTON, WV – West Virginia has taken another important step to make its roads safer for everyone. Starting July 11, 2025, the state’s expanded Slow Down, Move Over Law now requires drivers to slow down and, when possible, move over for any stopped vehicle using hazard lights or warning signals—not just for emergency responders and tow trucks.

This update follows alarming data showing that 1,874 people nationwide were fatally struck while outside their disabled vehicles between 2017 and 2021. By expanding the law, West Virginia joins a growing number of states working to prevent these tragic roadside auto accidents and protect not only first responders and road crews but also everyday motorists stranded with car trouble.

What WV’s Expanded Move Over Law Says

Under the updated West Virginia Move Over Law, drivers must do the following when approaching a stationary vehicle that is flashing its lights or hazards:

  • Slow down and move into a lane not adjacent to the stationary vehicle (if possible) when on a highway with two or more lanes going both directions.
  • If changing lanes would be impossible or unsafe, slow down significantly when approaching any stopped vehicle displaying flashing hazard lights, flares, or warning signals.
    • The law specifically requires drivers to reduce speed to 15 mph or below on an undivided highway or street and to reduce speed to 25mph on any divided highway depending on the road conditions. 

Do you think it’s realistic for West Virginia to ask drivers to slow down to 25 mph on an interstate highway when passing a stopped vehicle on the side of the road with hazard lights on if they can’t change lanes?

The WV Slow Down, Move Over Law Now Covers:

  • First responders (police, fire, EMS)
  • Tow truck operators
  • Road maintenance and utility crews
  • Disabled or stranded motorists using hazard lights or warning signals

Penalties for Violating the Law

Drivers who fail to comply may face:

  • A fine of up to $500
  • Up to 60 days in jail

If a driver violates this West Virginia law and causes a car or truck accident resulting in property damage but no personal injuries, their driver’s license shall be suspended for 90 days. If a driver violates this law and causes a crash that results in personal injuries, their driver’s license shall be suspended for six months. 

Additional Penalties for Violating WV’s Slow Down Move Over Law When Driving Under the influence  

If a driver violates the Slow Down Move Over Law while driving under the influence, they must be fined at least $1,000 and up to $5,000, or sentenced to jail for six months or less, or both. 

Why This Expansion of the Law Matters

Being stranded on the shoulder is dangerous. Many roadside fatalities and wrongful death crashes occur when drivers fail to slow down or move over for stopped vehicles. For example, the deadly hit and run accident on the West Virginia Turnpike involving a commercial box truck driver may have been avoided if the truck driver followed the Move Over, Slow Down law. By closing this gap in protection, West Virginia is helping reduce the risk to motorists, good Samaritans, and maintenance workers who find themselves in harm’s way.

Tips for Staying Safe if Your Vehicle Breaks Down

Even with West Virginia’s expanded Slow Down, Move Over Law, roadside emergencies can still be dangerous. If your car breaks down or you need to stop on the shoulder, following these steps can help keep you and others safe until help arrives:

  1. Pull as far off the road as safely possible.
    Move your vehicle completely onto the shoulder or a flat area away from traffic. If you can reach an exit or rest area, it’s safer to stop there.
  2. Turn on your hazard lights immediately.
    This alerts approaching drivers to slow down and gives them time to move over, as now required by law.
  3. Stay inside your vehicle if it’s unsafe to exit.
    Unless you’re in danger from fire, smoke, or another hazard, it’s often safer to remain buckled inside your car with your hazard lights on and doors locked.
  4. Call for roadside assistance right away.
    Contact 911 if you’re in immediate danger or if your vehicle is stopped in a travel lane. Otherwise, call your roadside assistance provider or a tow company.
  5. Use flares, cones, or reflective triangles if you have them.
    Place them a few feet behind your vehicle to increase visibility—especially at night or in low-visibility conditions.
  6. Be cautious when accepting help.
    If a stranger offers assistance, it’s safest to keep your doors locked and speak through a cracked window while you confirm that help is legitimate.

A Shared Responsibility

Every driver plays a role in keeping West Virginia’s roads safe. The expanded Slow Down, Move Over Law reminds us to be alert, patient, and respectful when we see hazard lights ahead. Whether you’re helping someone else or waiting for help yourself, small actions—like slowing down or moving over—can save lives.

Free Consultation From an Experienced West Virginia Personal Injury Lawyer

Charleston, WV car accident lawyer Brooks West in a suit and tie.

At West Law Firm, we hope this article helps keep you and your family safe while traveling on West Virginia’s roads. Our mission is to support and advocate for motorists and families when the unexpected happens. The expansion of West Virginia’s Slow Down, Move Over law reflects a critical shift in roadside safety—recognizing that disabled or stranded vehicles with hazard lights are now protected just like first-responders and maintenance crews.

If you or a loved one were hurt because a driver failed to slow down or move over, you don’t have to face the aftermath alone. Our team is here to stand up for your rights, navigate the legal process, and help you seek the compensation you deserve.

For a Free Consultation, call 304-343-9378 (WEST) today. There’s No Fee unless and until you win. Our main office is located a few blocks from the Charleston Capitol and has free parking. We serve all of West Virginia, including Beckley, Huntington, Parkersburg, Summersville, and Logan. We will come to you if it’s more convenient for you. 

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