Traffic Law Update
California’s 2026 Move Over Law: Who Is Liable for a Roadside Crash Under AB 390?
Effective January 1, 2026, AB 390 amended Vehicle Code § 21809 so the “Move Over, Slow Down” duty protects any stationary vehicle displaying flashing hazard lights or a warning device — cones, flares, or retroreflective triangles — not just police cars, tow trucks, and Caltrans vehicles. Stranded motorists on the 405, 101, and 10 are now inside the protected class, which means a $50 infraction can trigger negligence per se under Evidence Code § 669. Learn the two statutory exceptions defendants rely on, how pure comparative fault applies if your hazards were off, which employers and agencies can be named, and the six-month government claim deadline.
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