Move Over for Safety: Ontario’s Law and the Tragic Reminder on Highway?401

December 04, 2025, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

Earlier this week, Ontario experienced another heartbreaking tragedy  - a tow-truck operator was killed while assisting a stranded motorist on Highway 401. Despite flashing amber lights and safety protocols, he was struck by a passing vehicle that failed to slow down and move over, as required by law. The driver then left the scene and is the subject of an ongoing police search.

This incident underscores the life‑and‑death importance of Ontario’s Move Over Law. It also highlights the risks tow‑truck operators, emergency responders, and roadside maintenance workers face every day. Understanding and following the law is not just about avoiding fines; it’s about protecting the people who keep our roads safe.
Understanding Ontario’s Move Over Law

Under the Highway Traffic Act, all drivers must slow down and move over for stopped emergency vehicles, tow trucks, and highway maintenance vehicles displaying flashing lights. The rule also applies to vehicles approaching you with their lights activated.

The essential requirements are clear:

•     When passing a stopped vehicle: Reduce speed, move over one lane if it is safe and there are two or more lanes, and maintain a safe distance. On divided highways, drivers should shift to the outer lane, away from flashing lights.
•     When an emergency vehicle approaches: Pull over safely to the right and stop until it passes. On one‑way roads, move left if that is the only safe option.

Failure to comply can have serious consequences - up to a $490 fine, three demerit points, and escalating penalties, including larger fines or jail time for repeat offences. But beyond the penalties, the real consequence can be irreversible loss, as the Highway 401 tragedy demonstrates.

The Hidden Dangers for Tow-Truck Operators

Tow-Truck professionals often work within inches of live traffic. Despite flashing amber lights and reflective gear, they remain highly vulnerable, especially at night or in adverse weather. The recent fatality is not an isolated event; several tow‑truck operators across Ontario have been injured or killed in similar circumstances in recent years.

Drivers often underestimate stopping distances or fail to anticipate how quickly a highway lane can become a danger zone. Even brief inattention - a glance at a phone, a moment’s hesitation - can produce catastrophic outcomes.

Legal Ramifications After a Move-Over Collision

When collisions occur involving roadside workers, liability can be complex. Determining fault often involves reviewing police reports, dash-cam footage, witness statements, and electronic vehicle data. Civil claims may arise for wrongful death, negligence, or inadequate safety precautions.

Victim considerations:

•     Do preserve evidence immediately - photos of the scene, skid marks, and vehicle damage can be crucial.
•     Do contact an experienced personal injury lawyer, such as those at Deutschmann de Koning Personal Injury Law, before engaging with any insurer or providing statements.
•     Don’t accept early settlement offers before the full impact of injuries or loss is known.
•     Don’t assume the employer or insurance company will automatically handle long‑term compensation.

Experienced counsel ensures that families of accident victims receive fair and full recovery for medical expenses, lost income, and emotional distress.
Defence and Employer Responsibilities

For employers and insurers, preventing roadside collisions begins with proactive safety management: ensuring reflective signage, up‑to‑date safety training, and compliance with Ministry of Transportation standards.
Evidence, Privacy, and Transparency

Modern technology now plays an essential role in post‑collision investigations. Vehicle telemetry, road cameras, and GPS logs often provide accurate reconstructions of events. However, ethical handling of personal data remains vital.

Evidentiary guidance:

•     Do ensure recordings were obtained lawfully and the chain of custody is intact.
•     Do consult experts to verify technical data accuracy.
•     Don’t share footage or victim details publicly before investigations conclude.
•     Don’t delete digital evidence, even unintentionally—it can hinder both civil and criminal proceedings.

A skilled personal injury lawyer knows how to manage evidence strategically, safeguarding both the client’s case and privacy rights.

For victims and their families, pursuing a claim after a Move-Over Law breach can involve multiple parties—drivers, employers, insurers, and occasionally public authorities. Strategic litigation planning helps clarify accountability and maximize recovery.

A Call for Vigilance and Legal Support

The death of a tow‑truck operator on Highway 401 is a tragic reminder that safety laws exist for a reason. Every motorist has a moral and legal duty to protect those working roadside. One moment of attentiveness - slowing down and moving over - can save a life.

For families confronting injury or loss due to a driver’s failure to follow Ontario’s Move Over Law, Deutschmann de Koning Personal Injury Law offers the experience, compassion, and legal strength needed to pursue justice. Their team understands both the technical and human dimensions of these tragedies and stands ready to help Ontario families rebuild after roadside collisions.

If you or someone you know has been injured—or lost a loved one—because another driver failed to move over, reach out to Deutschmann de Koning today for trusted guidance and relentless advocacy.

About Deutschmann de Koning Law

Deutschmann de Koning Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann and Nick de Koning focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.ddinjurylaw.com or call us at 1-519-742-7774.