Scott's Law in Illinois: What Changed in 2026, and What It Means If You're Hit on the Shoulder

Illinois expanded Scott's Law in 2026. For years, the law only protected emergency and service vehicles that were fully stopped. As of June 1, 2026, it also covers those vehicles while they're actively working the road—rolling maintenance, striping, pothole crews—and it extends protection to the workers and any pedestrians caught up in a roadside emergency. If you were hit while pulled onto the shoulder after your own crash, though, the more important statute usually isn't Scott's Law at all—it's a separate, less-known Illinois rule built specifically for that situation, and almost nothing written about the 2026 change mentions it.

Quick Answer

What is Scott's Law? Illinois' "Move Over" law. Drivers must change lanes—or slow down if they can't—for authorized emergency and service vehicles showing flashing lights.

What changed in 2026? The law used to apply only to vehicles that were stopped. It now also covers those same vehicles while they're moving and actively working, plus emergency workers and pedestrians directly involved in a roadside emergency.

I was hit while stopped on the shoulder after my own accident—does Scott's Law cover me? Probably not directly. A separate Illinois statute, built for exactly that situation, likely applies instead.

Does any of this help my injury claim? It can. In Illinois, a driver's violation of a safety statute is treated as evidence of negligence in a civil case.

How long do I have to sue? Generally two years. One year if a government vehicle or entity is involved.

What is Scott's Law, and why does it exist?

Scott's Law is named for Lieutenant Scott Gillen of the Chicago Fire Department. On December 23, 2000, Lt. Gillen was helping at a crash scene on the Dan Ryan Expressway when he was struck and killed by an intoxicated driver who never moved over. Illinois passed the law that carries his name the following year.

At its core, Scott's Law requires a driver approaching an authorized emergency or service vehicle showing flashing lights to move into a lane that isn't next to it—or, if that's not safe or possible, to slow down and proceed with caution. It covers police, fire, ambulance, tow trucks, and highway maintenance vehicles working with lights activated.

The penalties are serious by design. A first violation carries a fine of at least $250; a second is at least $750. A violation that causes property damage is a Class A misdemeanor and carries a license suspension of 90 days to a year. One that causes injury can mean a suspension of 180 days to two years—and a violation that causes injury or death is prosecuted as a felony.

What changed under the 2026 expansion?

Two things.

First, "stopped" is no longer the whole story. For most of Scott's Law's history, the protection kicked in only when the emergency or service vehicle was parked—stationary, lights flashing, off to the side. As of June 1, 2026, the law also covers those same vehicles while they're moving and actively working: a highway crew filling potholes as it creeps along the shoulder, a truck striping a lane, a utility crew doing rolling repairs. A driver can no longer assume the duty to move over disappears just because the truck ahead is inching forward instead of parked.

Second, the people are protected, not just the vehicles. The expansion extends Scott's Law's protection to emergency workers actually engaged in work on the highway, and to any pedestrian directly involved in the roadside emergency itself—not only the vehicle they arrived in.

I wasn't hit by an emergency vehicle—I was hit while pulled over after my own crash. Does any of this protect me?

This is the question that actually brings most people to a page like this, and it's the one the "new law" coverage skips entirely.

If your own car was the one stopped on the shoulder—hazards on, waiting for police or a tow after a fender-bender—Scott's Law generally isn't the statute doing the work for you. Scott's Law is written around authorized emergency and service vehicles. Your disabled sedan isn't one.

Illinois has a separate rule for that: 625 ILCS 5/11-907.5, "Approaching disabled vehicles." On a highway with at least four lanes—at least two of them running in your direction—a driver approaching a disabled vehicle with its hazard lights on has to either move into a lane that isn't next to it, or, if that's not safe or possible, slow down and maintain a safe speed. It's a real, enforceable duty. It's also a petty offense, which is a lighter charge than Scott's Law carries—worth knowing if you're wondering why the driver who hit you isn't facing a felony.

The practical difference matters. On an expressway like the Dan Ryan, the Kennedy, or I-88 with multiple lanes each direction, this statute applies. On a two-lane road with one lane in each direction, it may not—there's no "other lane" to move into. That doesn't mean a driver who plows into a car with its hazards on gets a pass; ordinary negligence law still asks whether they were driving with reasonable care. It means the specific statutory duty is narrower than most people assume, and it's not the one making headlines this year.

Does a Scott's Law (or 11-907.5) violation help my injury claim?

Often, yes—and this is where the traffic-ticket story turns into a personal-injury one.

Illinois courts treat the violation of a safety statute as prima facie evidence of negligence in a civil case. That principle traces to the Illinois Supreme Court's decision in Kalata v. Anheuser-Busch Cos., 144 Ill. 2d 425 (1991): when a statute is designed to protect people like you, from the kind of harm that happened to you, breaking it counts as evidence the driver was negligent. It isn't automatically game over for the other driver—they can still try to show they acted reasonably under the circumstances—but it shifts real weight onto their side of the case.

That's on top of, not instead of, your ordinary claim. Whether the driver who hit you violated Scott's Law, 11-907.5, or just drove carelessly, the traffic citation (or lack of one) is one piece of evidence among several. Police reports, dashcam and traffic camera footage, and witness accounts of whether the driver had room to move over all matter just as much.

What should I do if you're hit while stopped on the shoulder?

Get safe first. If you can move off the roadway entirely, do it. Roadside crashes are dangerous precisely because a second impact can happen fast.
Call 911 and get a police report. An officer's account of lane configuration, hazard lights, and positioning becomes central evidence later.
Photograph everything before it's moved—both vehicles, the lane markings, how many lanes were available, whether hazards were on, the skid marks if any.
Get contact and insurance information from every driver involved, including anyone who stopped to help.
Ask about traffic camera footage right away. Expressway and municipal camera systems often overwrite footage within days. A written preservation request sent early is one of the most valuable things you can do.
Get medical care, even if you feel shaken but not obviously hurt. Impact injuries from a secondary roadside collision are often worse than they first seem.

How long do I have to file a claim?

Generally two years from the date of the crash for a personal injury claim in Illinois.

That window shortens to one year if a local government body is involved—a city vehicle, a municipal work crew, or certain other public entities. If the vehicle that was "actively working" the road when you were hit belonged to a city, county, or other government body, don't wait to find out which clock applies.

Frequently Asked Questions

What is Illinois' Scott's Law? Scott's Law, 625 ILCS 5/11-907(c), requires drivers approaching an authorized emergency or service vehicle showing flashing lights to change lanes away from it, or slow down and use caution if changing lanes isn't safe. It's named for Chicago Fire Lieutenant Scott Gillen, who was killed on the Dan Ryan Expressway in 2000 by a driver who didn't move over.

What changed with Scott's Law in 2026? The law's protection used to apply only when the emergency or service vehicle was stopped. As of June 1, 2026, it also applies while those vehicles are moving and actively working the road, and it extends protection to emergency workers and pedestrians directly involved in the roadside emergency, not just their vehicles.

I was hit while pulled over after my own accident. Is that covered by Scott's Law? Usually not directly—Scott's Law is written for authorized emergency and service vehicles, not an ordinary disabled car. A different statute, 625 ILCS 5/11-907.5, covers approaching a disabled vehicle with hazard lights on, though it's written more narrowly (it applies on highways with at least two lanes running in your direction) and carries a lighter penalty than Scott's Law.

Does it matter for my injury claim if the other driver got a Scott's Law ticket? It can help. Illinois treats a driver's violation of a safety statute as evidence of negligence in a civil case, under the Illinois Supreme Court's decision in Kalata v. Anheuser-Busch. A citation isn't the whole case, but it's real weight on your side.

The law behind this

Scott's Law ("Move Over" law) — duty to change lanes or slow down for an authorized emergency/service vehicle showing flashing lights; penalties — 625 ILCS 5/11-907(c).
Approaching a disabled vehicle with hazard lights on a multi-lane highway — separate, narrower duty; petty offense — 625 ILCS 5/11-907.5.
Violation of a safety statute as evidence of negligence in a civil case — Kalata v. Anheuser-Busch Cos., 144 Ill. 2d 425 (1991).
Two-year deadline for a personal injury claim — 735 ILCS 5/13-202. One year against a local public entity — 745 ILCS 10/8-101(a).

If you were hurt in a roadside crash—your own or someone else's—the statute that actually applies to your situation isn't always the one making the news. We sort that out for a living. Learn more about our car accident practice , or request a free consultation .

Lauren Rozich is a Chicago personal injury attorney with 17 years of experience helping injured Illinois residents get fair compensation. If you have questions about your case, [we offer a free consultation](/free-consultation/).