Failing to Move to the Side of the Road When

Failing to move to the side of the road when you hear an ambulance coming up behind you is.

A) careless and possibility negligent if someone is hurt because of your failure.
B) an example of intentional infliction of emotional distress
C) privileged behavior if you could not hear the siren because you are wearing ipod ear pods.
D) is legally permissible because it is a failure to act rather than an act.