Missouri Move Over Law FAQ: What Drivers Have to Do, and What Happens When a Roadside Worker Gets Hit

Short answer: Missouri’s Move Over law, RSMo 304.022, says that when you approach a stopped vehicle showing red, red-and-blue, amber, or amber-and-white lights, you must change into a lane that isn’t next to it if you’re on a road with at least two lanes going your direction and it’s safe. If changing lanes would be unsafe or impossible, you must slow down to a safe speed. A violation is a class A misdemeanor. If a driver hits a tow operator or other roadside worker, that worker usually has a workers’ comp claim through their employer and may also have a separate claim against the driver.

This week, November 2 through 6, is Crash Responder Safety Week. The Federal Highway Administration started commemorating it in 2016, and this year’s theme is about as plain as it gets: “Slow Down, Move Over. Lives are on the Line!”

Here’s why it matters. Every crash creates a second danger zone: the shoulder. Troopers, firefighters, paramedics, highway crews and tow operators end up standing a few feet from traffic, sometimes with their backs to it, cleaning up somebody else’s bad day. And the people from the first crash are often standing right there with them.

So let’s go through Missouri’s Move Over law the way people actually ask about it.

What does Missouri’s Move Over law require?

The rule is in subsection 2 of RSMo 304.022. When you approach a stationary vehicle displaying lighted red or red and blue lights, or lighted amber or amber and white lights, you’ve got two duties, and the road decides which one applies:

• Move over. On a roadway with at least four lanes, with at least two going your direction, you proceed with caution and change into a lane that isn’t adjacent to the stopped vehicle, if you can do it safely.
• Slow down. If changing lanes would be unsafe or impossible, you proceed with due caution and reduce your speed, keeping a safe speed for road conditions.

Slowing down isn’t the default option when the left lane is wide open. It’s the backup for when you can’t safely get over. And “safe speed” means safe for what’s in front of you: a tow operator’s legs sticking out from behind a car, a trooper at a driver’s window, a paramedic loading a stretcher.

A separate part of the same statute covers emergency vehicles coming up behind you with a siren or lights. Then you pull as far right as you can, stop, and stay there until they pass (RSMo 304.022.1).

Does it cover tow trucks and roadside workers?

Yes. The stationary-vehicle rule is written around the lights, not the job title. Red and red-and-blue lights cover police, fire and EMS. Amber and amber-and-white lights are what you’ll usually see on tow trucks and highway and utility trucks.

The statute’s list of emergency vehicles also expressly includes “any wrecker, or tow truck or a vehicle owned and operated by a public utility or public service corporation while performing emergency service” (RSMo 304.022.4).

Missouri has a second set of laws for “active emergency zones,” RSMo 304.890 through 304.894. Those statutes define “emergency responder” to include law enforcement officers, firefighters, first responders, emergency medical workers and tow truck operators responding to an emergency on a highway.

What are the penalties?

• Violating RSMo 304.022 is a class A misdemeanor (304.022.7).
• Passing another vehicle inside an active emergency zone is a class C misdemeanor (RSMo 304.892).
• Inside an active emergency zone, speeding 15 mph or more over the limit, passing, ignoring a flagger or traffic control devices, and a few other acts can be “endangerment of an emergency responder.” If nobody’s hurt, the fine is up to $1,000 plus 4 points (RSMo 304.894).
• If a responder is injured or killed, it becomes aggravated endangerment: a fine of up to $5,000 when a responder is injured and $10,000 when one is killed, plus 12 points, on top of any other penalty.

Tickets and points don’t pay anybody’s medical bills, though. That’s a civil claim, and it’s a different animal.

What’s a secondary crash, and why does it matter?

A secondary crash is one that happens because of an earlier incident. A car spins out, traffic stacks up, and somebody who isn’t paying attention plows into the back of the line. Or a tow operator is hooking up a disabled car and a passing driver drifts onto the shoulder.

It’s the reason responders work so hard to clear a scene. The Crash Responder Safety Week page from the National Operations Center of Excellence describes responders working “to safely and quickly clear crashes as well as other traffic incidents that could otherwise result in a secondary crash.”

Legally, secondary crashes get messy fast. You can have two at-fault drivers, two insurance companies and two sets of injuries stacked on top of each other. Who caused what? That’s the fight. If you were in the first crash and then got hit again standing on the shoulder, don’t assume one insurance policy covers all of it. Fault can be split among the people who caused the harm, and sorting that out takes evidence from both crashes. We dig into that in our post on multi-vehicle crash liability in Missouri.

Hurt while working the roadside: workers’ comp plus a third-party claim

This is the part most injured tow operators and roadside workers don’t hear about soon enough.

If you’re hurt on the job in Missouri, your employer’s workers’ compensation coverage pays benefits whether or not anyone was negligent. That’s the trade in RSMo 287.120: the employer is liable “irrespective of negligence,” and in exchange, comp is generally your exclusive remedy against your employer.

But the driver who hit you isn’t your employer. When a third person is liable for your injury, Missouri law recognizes that claim too. RSMo 287.150 lays out what happens when an injured worker recovers from a third person: the employer has a subrogation interest, so it gets repaid from the recovery for what comp paid, after paying its proportionate share of the cost of getting that recovery, including a reasonable attorney fee.

Why does the second claim matter? Because comp has limits. It doesn’t pay for pain and suffering. A claim against the driver can.

A few things that come up over and over in these cases:

• The truck’s camera. If the tow truck or a responder vehicle had a dash cam, save that footage before it records over.
• The light bar. Were the amber lights on? Photos and video answer that, and it’s the first question the driver’s insurer will ask.
• The ticket. Whether the driver was cited under RSMo 304.022 or 304.894 matters. But a ticket isn’t the whole case, and no ticket doesn’t mean no case.
• The driver’s phone. If they were looking down when they came up on the lights, the records can show it.
• Coordination with comp. Your employer or its comp insurer has a stake in the third-party recovery under 287.150. Handle the two claims together so one doesn’t quietly eat the other.

Hit in a construction or utility work zone rather than at a crash scene? That’s a related but different situation, and we covered it in our post on Missouri work zone injury claims. For the comp side itself, see our workers’ compensation page.

How long do you have?

A claim against the driver generally falls under Missouri’s five-year statute of limitations for personal injury, RSMo 516.120. Wrongful death claims generally have three years under RSMo 537.100. Workers’ comp has its own deadlines and procedures that run separately.

Don’t let the long civil deadline fool you. Dash cam footage and phone records don’t sit around waiting for you.

Next time you see amber lights on the shoulder, get over. If you can’t, slow way down. That’s somebody’s mom or dad out there hooking up a car in the dark.

Frequently Asked Questions

What does Missouri’s Move Over law require?

Under RSMo 304.022.2, when approaching a stationary vehicle displaying lighted red, red and blue, amber, or amber and white lights, drivers on a road with at least two lanes in their direction must change into a lane not adjacent to the stopped vehicle if it’s safe. If changing lanes would be unsafe or impossible, drivers must slow down and keep a safe speed for road conditions.

Does Missouri’s Move Over law apply to tow trucks?

Yes. The rule applies to stationary vehicles showing amber or amber and white lights, not just red or red and blue. RSMo 304.022.4 also lists wreckers and tow trucks among emergency vehicles, and RSMo 304.890 defines emergency responders to include tow truck operators responding to an emergency on a highway.

What is the penalty for violating Missouri’s Move Over law?

A violation of RSMo 304.022 is a class A misdemeanor. Separate active emergency zone laws add fines and points, including up to $1,000 and 4 points for endangerment of an emergency responder, and higher fines plus 12 points when a responder is injured or killed (RSMo 304.894).

Can an injured tow operator sue the driver who hit them if they’re getting workers’ comp?

Generally, yes. Workers’ comp is the exclusive remedy against the employer under RSMo 287.120, but a negligent driver is a third party. RSMo 287.150 addresses recoveries from third persons, including the employer’s subrogation interest.

Does workers’ comp get paid back from a settlement with the driver?

Usually the employer or its insurer has a subrogation interest under RSMo 287.150. The statute requires the employer to pay a proportionate share of the expenses of the recovery, including a reasonable attorney fee, before the balance is apportioned.

What is a secondary crash?

A secondary crash is a crash caused by an earlier incident, such as a driver hitting stopped traffic, a disabled vehicle, or responders at an earlier crash scene. Clearing incident scenes safely and quickly is meant to reduce that risk.

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A lawyer’s reputation speaks volumes about their ability to handle cases effectively. Whether you need legal representation for a personal injury claim, a car accident, a truck or tow-truck accident, a pedestrian accident, a catastrophic injury, or a wrongful death, choosing an attorney with a proven track record is essential.

Before Tyson Mutrux became one of Missouri’s most effective personal injury lawyers, he served in the U.S. Army as a Non-Commissioned Officer. He graduated with distinction from the Non-Commissioned Officers Academy and received the Army Commendation Medal for exceptional service.

The military taught him discipline, precision, and the importance of planning three moves ahead. Those same principles guide his approach to every case today.

Over the years, he has earned notable recognition, including:

• Selected for Super Lawyers (2024 – 2026).
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• Best Car Accident Lawyer in Columbia, Expertise.com (2023).
• The Nation’s Top One Percent of Attorneys, National Association of Distinguished Counsel (2015).
• Top 100 and Top 40 Under 40, The National Trial Lawyers (2014).
• Superb (10/10) Rating, Avvo (2012).
• U.S. Army Commendation Medal.

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Hurt in a Roadside or Move Over Crash? Talk to a Missouri Lawyer

If you were a roadside worker struck by a passing driver, or you were injured in a crash near a stopped vehicle, you may have more than one way to recover, and the clocks on those claims run separately. Mutrux Firm Injury Lawyers can coordinate a workers’ compensation claim and a third-party claim against the at-fault driver so the two work together, not against each other. We offer a free, no obligation case review, and you pay nothing unless we win. Contact us or call (888) 550-4026 today, and let us protect your right to full compensation.