Hit while stopped on the shoulder or at a crash scene in Las Vegas: what does Nevada's move-over law mean for your claim?

Last updated November 9, 2026.

Usually the driver who hit you is at fault. Nevada's move-over law requires drivers approaching a "traffic incident" to slow down, proceed with caution, be prepared to stop and, if possible, move over (NRS 484B.607(1)). A stalled vehicle, a crash scene, debris on the road and "a person who is out of his or her vehicle attending to a repair of the vehicle" all count (NRS 484B.607(3)). The duty applies unless a police officer directs otherwise. If you were stopped because of a breakdown or an earlier crash and someone drove into you, that driver broke a rule written for your situation. In a Las Vegas car accident claim, the other side's main argument will be about where and how you stopped.

These crashes are often serious, because the person hit may be standing outside the car or sitting in a vehicle that cannot move out of the way. This page covers who the law protects, the arguments insurers make, who pays, and what to do after a second crash at the scene of a first one.

How does a claim work after you are hit while stopped, step by step?

Get help and report it. Call 911 for an emergency. NDOT's Freeway Service Patrol page also lists *NHP (*647) for reporting crashes and stranded or disabled motorists to the Highway Patrol. Our page on which agency handles your Las Vegas crash and how to get the report explains who takes the report.
Document why you were stopped. A flat tire, an engine failure, an earlier crash or debris. Photos of the problem, your hazard lights and your position on the road matter.
Identify the driver who hit you and that driver's insurer. The other driver must stop, give information and render reasonable assistance (NRS 484E.010, 484E.030).
The insurer looks at the move-over rule. Did its driver slow down, proceed with caution, prepare to stop and move over if possible (NRS 484B.607(1))? A violation is a misdemeanor (NRS 484B.607(2)) and strong evidence of fault.
The insurer looks at your stop. Were you in a travel lane, and could your car have been moved? After a property-damage-only crash, a driver whose car is creating a hazard or obstructing traffic and can be moved safely must move it out of the travel lanes (NRS 484E.020(1)(b)).
Fault is compared. Your recovery is reduced by your share and barred only if your share is greater than that of the defendants combined (NRS 41.141).
The deadlines run. An injury lawsuit generally must be filed within 2 years, and a property claim within 3 years (NRS 11.190(4)(e), (3)(c)).

What does Nevada's move-over law cover?

You were...	Is it a "traffic incident"?	Source
Stalled on the shoulder or in a lane	Yes, "a stalled vehicle"	NRS 484B.607(3)(j)
Outside your car changing a tire or fixing it	Yes, "a person who is out of his or her vehicle attending to a repair of the vehicle"	NRS 484B.607(3)(l)
Stopped at the scene of an earlier crash	Yes, "a crash scene"	NRS 484B.607(3)(i)
Stopped because of something in the road	Yes, "debris on the roadway"	NRS 484B.607(3)(k)
Stopped or slow with flashing amber warning lights	Yes, for any vehicle using lights that meet the equipment rules	NRS 484B.607(3)(h)
Being helped by police, a tow car, an NDOT or contractor vehicle, or a utility truck with its lights on	Yes; each is listed	NRS 484B.607(3)(a) to (g)
Any other hazard on or near the road that endangers traffic or the people dealing with it	Yes, under the general definition	NRS 484B.607(3)

The duties on the approaching driver are the same in every row: slow to a speed that is reasonable and proper under the basic speed rule, proceed with caution, be prepared to stop, and if possible use a lane not adjacent to the incident, unless road, traffic or weather conditions make that unsafe or impossible (NRS 484B.607(1); 484B.600(1)). When an emergency vehicle with flashing lights is moving or preparing to move, including arriving at or leaving a crash scene, drivers must also slow down, proceed with caution, be prepared to stop and, if it is moving in their direction, not drive beside it or pass it (NRS 484B.267(2)).

What does NDOT's Freeway Service Patrol do?

NDOT's Freeway Service Patrol runs in the Las Vegas and Reno/Sparks areas to clear stalled vehicles, debris and minor crashes from the more heavily traveled sections of its urban freeways during peak travel periods. According to NDOT, its vehicles carry flashing lights, traffic control equipment and arrow boards, and some can tow a disabled vehicle out of the travel lanes to the nearest secure location. NDOT says the patrol "is not available on-call" but stops along its regular route, and directs drivers to 911 for emergencies or *NHP (*647) for crashes and stranded motorists.

Two points matter for a claim. A patrol vehicle stopped behind you with qualifying warning lights on can itself be a listed traffic incident (NRS 484B.607(3)(d), (h)), which adds to the duty on approaching drivers. And NDOT's page notes that the patrol's operator is not authorized to contact its sponsor insurer on a motorist's behalf "or assist in insurance claims," so the claim is yours to open with the insurers involved.

What will the other driver's insurer argue?

"Your car was in a travel lane." If the car could be moved safely after a property-only crash, NRS 484E.020(1)(b) required moving it. If it could not move, or someone was hurt, this argument weakens; the duty to stop at an injury crash also says the stop should not obstruct traffic "more than is necessary" (NRS 484E.010(2)).
"You had no lights on." Hazard lights, flares and the time of day are facts the insurer will ask about. They do not erase the approaching driver's duty, but they can affect the split.
"I couldn't change lanes." The statute requires a lane change only "if possible," but the duties to slow down, proceed with caution and be prepared to stop apply regardless (NRS 484B.607(1)).
"Traffic stopped suddenly." A driver who hits a car stopped at a crash scene may also have broken the following-distance rule (NRS 484B.127(1)) and the basic speed rule (NRS 484B.600(1)).

Who pays?

The striking driver's liability insurer, at least $25,000 per person and $50,000 per crash for injuries (NRS 485.185(1)). See what Nevada's 25/50/20 minimum pays.
Your underinsured or uninsured motorist coverage if that driver's limits are too low or there was no insurance (NRS 687B.145(2); NRS 690B.020). If the driver fled after hitting you, see what to do after a hit-and-run in Las Vegas.
The driver who caused the first crash, if you were stopped because of that crash, may share responsibility for the chain of events. Each defendant generally pays only its own share when comparative negligence is raised (NRS 41.141(4)).
Workers' compensation, if you were working, such as a tow operator or roadside technician; see a work crash, workers' comp and a claim against the driver.

What changes the answer

You were outside the car. The coverage questions are much like those for a person on foot; our page on being hit by a car while walking in Las Vegas explains them.
A truck hit you. A commercial carrier can bring federal safety rules and its own insurance requirements into the claim; see who investigates a truck crash on a Las Vegas freeway.
The approaching driver was impaired or on a phone. Impairment can support punitive damages (NRS 42.010), and phone use is its own violation (NRS 484B.165(1)).
Debris caused the first stop. The person or company that let it fall may also be responsible; see who is responsible when cargo falls off a truck.
The crash was in a work zone. Certain traffic violations carry a double penalty in a work zone (NRS 484B.130); see truck crashes in a Las Vegas work zone.

For example: a flat tire on the 215

Imagine a driver named Bettina. Her tire blows on the 215 Beltway at night. She pulls fully onto the right shoulder, turns on her hazard lights and calls for help. A pickup drifts onto the shoulder and strikes the back of her car while she waits inside. Everything here is hypothetical.

The trooper's report notes the hazard lights, the position of the car and the pickup driver's statement that he "didn't see her." Bettina's car was a stalled vehicle under NRS 484B.607(3)(j). The pickup driver had to slow down, proceed with caution, be prepared to stop and move left if possible. The insurer briefly suggests Bettina should have gotten out and stood away from the car. The pickup driver's duties under NRS 484B.607(1) applied either way, and the report shows he never slowed or moved over.

Bettina's neck and shoulder injuries need months of care. The pickup driver carries the minimum $25,000 per person (NRS 485.185(1)(a)), so after that policy pays she opens an underinsured motorist claim with her own insurer, reading its notice and consent terms first.

Common mistakes after being hit while stopped

Not photographing your position. Where your car was, whether lights were on and whether it could move are the facts the insurer will fight over.
Leaving a drivable car in a lane after a minor crash. NRS 484E.020(1)(b) requires moving it out of the travel lanes when it can be moved safely and no one is hurt.
Assuming the first crash's driver is the only one responsible. A second driver who ignored the move-over duty is separately responsible.
Waiting on a patrol to "handle" the claim. Roadside help is not claim help; open your claims yourself.
Giving a recorded statement right away. Read whether you have to give a recorded statement first.

What to do this week

Get medical care, and tell the provider you were hit while stopped.
Request the police report, or note the event number until it is ready.
Save photos of the original problem (tire, debris, earlier crash) and your car's position.
Write down whether your hazard lights were on and when you stopped.
Open a claim with the striking driver's insurer and notify your own.
If you were working, report the injury to your employer.
Mark the 2-year injury and 3-year property deadlines (NRS 11.190).

Frequently asked questions

Does Nevada's move-over law apply to ordinary stalled cars, or only police cars?

It applies to both. The definition of "traffic incident" lists emergency vehicles, tow cars and road crews, and also "a stalled vehicle," "a crash scene," "debris on the roadway" and a person out of the vehicle repairing it (NRS 484B.607(3)).

Is breaking the move-over law a crime?

Yes, a misdemeanor (NRS 484B.607(2)). In the injury claim, the violation is evidence of fault, and the jury still sets each party's percentage if the case goes to trial (NRS 41.141(2)(b)).

Can I be blamed for stopping where I did?

Possibly, if your car could have been moved safely out of the lanes after a property-only crash (NRS 484E.020(1)(b)) or you stopped somewhere unsafe without reason. Your recovery is reduced by your share, not barred, unless your share is greater than the defendants' combined share (NRS 41.141).

Who pays if I was hit while standing outside my car?

The driver who hit you, through that driver's insurance, and possibly your own uninsured or underinsured motorist coverage. Our page on claiming your own underinsured motorist coverage explains how that works.

Will the Freeway Service Patrol come if I call?

NDOT says the patrol is not available on call; it stops along its regular route. For emergencies dial 911, and to report a crash or a stranded motorist dial *NHP (*647).

If you were hit while stopped on a Las Vegas road and the other driver's insurer is blaming where you stopped, attorney Maysoun Fletcher can review the report and the photos with you. Call 702-333-6339 for a free consultation; the phones are answered 24/7.