July 11, 2008

Indiana Motorcycle Helmet Law Debated

The chicagotribune.com reported recently that more Indiana motorcycle deaths has caused a renewed debate over Indiana's lack of a mandatory motorcycle helmet law. According to the report, while Indiana does not have a mandatory motorcycle helmet law, 20 states currently do. The Indianapolis based Indiana Criminal Justice Institute states that since April of this year, at least 12 Indiana motorcycle crashes have resulted in deaths and motorcycle deaths have risen 80 percent in the last 10 years.

Click here to review the complete article from the chicagotribune.com.

July 10, 2008

Spencer County Car Accident Results in Death of Two Teens

Tristatehomepage.com reported Wednesday evening that two teens were killed in a motor vehicle accident U.S. Highway 231 just south of Gentryville Wednesday morning. The report explained that the two teens were lifeguards on their way to work when the accident occurred.

The teen driver was attempting to pass a motor vehicle on the left hand side of the highway when the car collided head on with a mini-van that was oncoming from the opposite direction. At the time of the accident, the teens' car was approaching a hill crest that made them unable to see the oncoming mini-van. At that location, the highway was marked as a "no passing" zone.

Click here to read the article at tristatehomepage.com.

July 8, 2008

Railroad Crossing Laws in Indiana

Under Indiana law, when a person driving a vehicle that is approaching a railroad crossing, that person must stop within fifty feet but not less than fifteen feet from the nearest track of railroad and may not proceed until safe to do so when: 1) a clearly visible electric or mechanical signal device gives warning of the immediate approach of a train, 2) a crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a train, 3) a railroad train approaching within one thousand five hundred (1,500) feet of a highway crossing emits an audible signal and because of speed or nearness to the crossing is an immediate hazard, and 4) an approaching train is plainly visible and is in hazardous proximity to the crossing. See IC 9-21-8-39.

Additionally, motor vehicle drivers have a duty under IC 9-21-5-4 to reduce their speed as necessary at railroad crossings in order to avoid colliding with people, vehicles, or other conveyances on or near the intersection.

July 8, 2008

Three Die at Railroad Crossing in Gary, Indiana

The ChicagoTribune.com has reported that three people were killed in a train/automobile collision early Monday evening in Gary, Indiana. The car was hit when the driver attempted to drive the car around crossing gates at the intersection, but was unable to do so in time to miss the oncoming CSX freight train. Upon impact, two of the individuals were ejected from the car. None of the indiviudals in the car were wearing safety belts at the time of the collision.

Click here to read about the accident on ChicagoTribune.com.

June 30, 2008

Indiana Laws on Stopped Police & Emergency Vehicles

Under Indiana law, when approaching a stationary authorized emergency vehicle that has its emergency lights activated, all motor vehicle drivers are required to proceed with "due caution" in yielding the right-of-way by changing into a lane not adjacent to that of the authorized emergency vehicle, "if on a highway having at least four (4) lanes with not less than two (2) lanes proceeding in the same direction as the approaching vehicle." See IC 9-21-8-35(b)(1). If a motor vehicle driver is unable to safely change lanes, Indiana law requires drivers to reduce the speed of their vehicle, while still maintaing a speed that is safe for the current road conditions. See IC 9-21-8-35(b)(2).

Please be careful and remember the law when encountering stopped emergency vehicles on Indiana roadways.

June 30, 2008

Indiana State Police Trooper Hit While Assisting Vehicle on I-465

Indystar.com has reported that Indiana State Police trooper Jeff Woodward was injured early Sunday morning while assisting a motorist changing a tire on southbound Interstate 465 near Rockville Road. Woodward had parked his patrol car, with its emergency lights activated, behind the car he was assisting when a driver rear-ended his patrol car. Upon impact, the patrol car was knocked into the car Woodward was assisting, which then struck him causing injuries to his back and legs.

According to Indystar.com, a young woman was cited in causing the accident for reckless driving, failure to yield to an emergency vehicle, speeding, having an unexpired plate, having no driver's license with her, and unsafe lane movement.

Under Indiana law, motor vehicle drivers are required by statute to change lanes or reduce their speed when approaching an emergency vehicle stopped with its emergency lights on.

Click here to read the article on Indystar.com.

June 16, 2008

Does Indiana's Seatbelt Statute Apply to Your SUV?

In Owen v. State, 796 N.E.2d 775 (Ind. Ct. App. 2003), the owner of Chervrolet Blazer was stopped by a police officer at a seatbelt checkpoint when the officer noticed the owner was not wearing his seatbelt. While the officer was in the process of issuing the owner a seatbelt ticket, the owner argued that his Blazer was registered as a truck and exempt from the seatbelt requirement pursuant to Indiana statute. Despite the owner's Blazer being registered as a truck, the trial court found it not to be a truck and affirmed the issuance of the ticket.

On appeal, the Indiana Court of Appeals noted that IC 9-19-10-2 states that drivers and front-seat passengers in "passenger motor vehicles" are required to keep their seatbelts fastened, and that IC 9-13-2-123 defines a "passenger motor vehicle" as "a motor vehicle designed for carrying passengers." The Indiana Court of Appeals noted, however, that Indiana statute excludes "truck, tractors, and recreational vehicles" as "passenger motor vehicles." Furthermore, the Indiana Court of Appeals stated a truck is defined as "a motor vehicle designed, used, or maintained primarily for the transportation of property" under IC 9-13-2-188.

In giving the applicable statutes their plain and ordinary meaning, the Indiana Court of Appeals held "the definition of 'truck' does not necessarily exclude SUVs, and if an SUV owner has paid the fee for a truck plate, then by law he drives a truck that is specifically excluded from the seatbelt law." Additionally, the Indiana Court of Appeals stated "[i]f an SUV owner does not have a truck plate, then by law he does not drive a truck but instead drives a passenger vehicle that is subject to the seatbelt law."

Applying its holding to the case at hand, the Indiana Court of Appeals reversed the trial court, stating the owner's Blazer was licensed as a truck. Therefore, Indiana's seatbelt statute did not apply.

June 11, 2008

Indiana Flood Conditions Continue to Create Roadway Hazards

As of this morning, the National Weather Service has listed 24 Indiana counties under a flood warning and Daviess county remains under a flash flood warning. Click here to view the National Weather Service's county-by-county warnings and advisories for the flood conditions in Indiana.

With forecasters calling for additional heavy rain throughout the rest of the week, it is important to remember that flood conditions and flash flood situations can create driving hazards, leading to serious injury or death. Flooded roadways are extremely dangerous to drive through and, if at all possible, need to be avoided. The conventional wisdom surrounding motor vehicles and flood conditions is that it only takes a foot of water to float a vehicle, six inches of water may reach the bottom of your vehicle causing operating problems and hydroplaning, and two feet of rushing water can cause your vehicle to be swept off of the roadway in the direction of the current.

Please be careful traveling on the roadways, as we continue to battle these flood conditions.

June 4, 2008

Indiana Bus Accident on Interstate 65

A Greyhound bus carrying 41 passengers crashed on Interstate 65 in northwest Indiana. According to the Chicago Tribune, 29 of the passengers required medical treatment. The bus was on its way from Chicago to Nashville Tennessee when it flipped on its passenger's side and came to rest near the median. It is unsure why the crash occurred, although witnesses said the bus appeared to be traveling at a high rate of speed and it is suspected that the driver may have fallen asleep.

May 13, 2008

Need to Know Info for Indiana Teen Drivers

For many high school students throughout Indiana, spring and summer are usually associated with prom, graduation ceremonies, and eventually three months of "freedom" during summer vacation. These events are sure to present teenagers across Indiana with the added responsibilty of driving longer distances with greater than normal passengers in their vehicles. While these were exciting times for all of us and continue to be for high school students, it is crucial that teenage drivers understand the dangers and pitfalls associated with inexperienced driving.

Studies completed by the National Highway Traffic Safety Administration ("NHTSA") showed that motor vehicle crashes are the leading cause of death for 15-year-olds to 20-year-olds. According to the NHTSA, in 2005, 3,467 15-year-old to 20-year-old drivers were fatally injured in motor vehicle accidents and 12.6% of all drivers involved in fatal crashes were in this age group. Research has also shown that a teenage driver's risk of being involved in a motor vehicle accident undoubtedly increases as the number of passengers in the vehicle increases.

Here are some things for young drivers to think about as they get behind the wheel this summer:

Limit your distractions and focus on your driving
o Try to only use your cell phone in emergency situations, and even though earpieces/headsets are preferable to hand-held cell phones, they still are a distraction when driving
o Remember that text messaging while driving creates even greater risk, requiring you to look away from the road for longer periods of time

Never drink and drive
o In 2005, NHTSA reports that 23% of drivers 15-years-old to 20-years-old who died in motor vehicle crashes had a blood alcohol concentration of 0.08 g/dl or higher
o After consuming alcohol teenage drivers are more likely to not wear seat belts leading to more fatal injuries

Know your driving ability level and only drive in situations where you feel comfortable
o For young drivers just starting out, busy interstates and heavily populated urban areas are not the best places to learn the ropes
o Build confidence and develop your driving skills in areas that are less congested and that you feel comfortable driving in

May 7, 2008

Know Your Indiana Motorcycle Statutes

Indiana law allows only 1 additional passenger on a motorcycle, in addition to the motorcycle driver. The passenger must be seated only on a firmly attached and regular seat designed for passenger use. See IC 9-21-10-1

Indiana law requires a motorcycle to have its headlamp illuminated at all times during operation. See IC 9-21-10-5

All drivers or passengers of a motorcycle under the age of 18 in Indiana must wear protective headgear meeting Indiana's minimum requirements, and must also wear protective glasses, goggles, or use a transparent face shield at all times while operating or riding on a motorcycle. See IC 9-21-10-9

May 6, 2008

May Declared Motorcycle Safety & Awareness Month in Tippecanoe County

With the warm weather months upon us, many of you have jumped at the chance to hit the open road on your motorcycle. While it is a great time of year to enjoy motorcycle riding, everyone must keep in mind the additional safety concerns that are associated with motorcycle use. With this in mind, Indiana Governor Mitch Daniels declared the month of May as Motorcycle Safety and Awareness Month in Tippecanoe County.

Motorcycles continue to rise in popularity as more and more motorcyclists can be spotted using the highways around Indiana. With the popularity of motorcycles seeming to be at an all-time high, now more than ever it is essential for people to be aware of motorcycle safety. The Indiana Department of Education reports an 80% chance of injury if a motorcycle is involved in a crash and that a crash involving a motorcycle with an automobile, the possibility of severe injury or death is 29 times higher for the motorcyclist compared to the driver of the automobile. The best ways to serious or fatal motorcycle accidents are: (1) responsible driving by both motorcycle drivers and automobile drivers, (2) making sure you use the necessary protective equipment, and (3) making sure you are properly trained and licensed to operate a motorcycle.

It is vital that automobile and motorcycle drivers are aware of one another on the roadways. One study showed that in two-thirds of multiple-vehicle accidents, the motorcyclist’s right-of-way was violated by the driver of the other vehicle. Most of the time these accidents are simply caused by the automobile driver’s failure to notice the motorcycle driver in traffic or failing to notice the motorcycle driver until it was too late to avoid a collision.

In most cases, automobile drivers do not see the motorcycle because it is small and less visible. However, there are many steps both automobile drivers and motorcycle drivers can take to prevent these types of accidents, including:

Automobile Drivers
o Always be searching for motorcycle drivers in traffic and pay particular attention to your blind spots and in heavy traffic
o When following a motorcycle give yourself a two-second cushion between the motorcycle and your car; increase the cushion in adverse weather conditions and at higher speeds
o Look for road conditions or hazards that a motorcycle driver might have to react to and anticipate their reactions in traffic (i.e. wet spots on the road)
o Pay special attention and look twice for motorcycles when turning left, since most crashes between motorcycles and cars occur at intersections where automobiles are turning left
o Properly use your turn signals and let motorcyclists know when you are changing lanes

Motorcycle Drivers
o Be as noticeable as possible
o Wear fluorescent clothing and/or clothing with reflective strips (wear bright yellow, orange or red jackets)
o Have a bright colored helmet
o Avoid having dark colors on your protective equipment and clothing
o Some experts suggest riding with your headlights on at all times
o Communicate with the other drivers on the road, making them aware of your lane changes
o Obey the speed limit and never drive impaired
o Be especially careful at intersections where the majority of motorcycle accidents occur

Arguably one of the most important pieces of equipment a person can wear is a full-face helmet. Using the proper motorcycle gear when you ride is a major factor in preventing injuries. Unfortunately, many motorcycle drivers today choose not to wear helmets because they are not “cool” or because they are uncomfortable. Motorcycle drivers wearing helmets show significantly fewer head and neck injuries after an accident. Sadly, less than 50% of fatally injured motorcyclists are reported wearing helmets. Under Indiana law, all persons riding or operating a motorcycle under the age of 18 are required to wear a helmet and protective goggles or face shields.

If possible, it is best to wear jackets, pants, gloves, and boots designed for motorcycle injury protection, preferably made of leather or cordura. Look for increased padding in the more commonly impacted during accidents, such as the knees, elbows, neck and chest. The more popular motorcycle jackets and pants have hard plastic in the highly impacted areas, which allows the driver to slide relatively easy on the pavement in the event of an accident.

Finally, it is very important that you are properly trained and licensed before you operate a motorcycle. Most motorcycle accidents involve drivers that are self-taught and have little or no formal training. Motorcycle training and experience is not only related to fewer accidents, but also to fewer injuries in the event of an accident. Be especially careful when operating a motorcycle that you are unfamiliar with, even if you are an experienced driver. The majority of motorcycle accidents occur with motorcycles that the driver had owned or operated less than 5 months.

October 11, 2007

Indiana's Strategic Highway Safety Plan

As required by federal law, in 2006 the Indiana Department of Transportation (“INDOT”), along with various stakeholders in highway safety, set forth a Strategic Highway Safety Plan (“SHSP”) serving as a guideline in making Indiana’s highways more safe. INDOT reports Indiana traffic accidents account for significant economic loss each year (estimated in excess of $4 billion) with a traffic accident occurring every 2 ½ minutes (fatality every 9 hours).

In alleviating this dilemma, Indiana’s SHSP highlights 13 areas of emphasis, within which Indiana’s greatest threats on the road are analyzed and “data-driven” strategies conveyed on how to best deal with these threats. Large trucking accidents are an area of emphasis within the SHSP, with 17% of Indiana’s 947 fatalities involving tractor-trailer and/or other large trucks in 2004. The SHSP has set forth the goal of reducing large trucking accidents 10% by 2008 (using 2004 as a baseline).

Click here to see Indiana's Strategic Highway Safety Plan.