Indiana Injury Lawyer Blog

During the last state legislative session, Indiana lawmakers made a significant change to the already existing "Move Over" law effecting Indiana motorists all throughout the state. The "Move Over" law originally just required Indiana motorists to move over to a non-adjacent lane for stopped emergency vehicles, highway maintenance vehicles and wreckers on multi-lane highways when the designated vehicles were displaying emergency lights, and if that action could not be completed safely then the motorist was required to slow their vehicle as they passed the emergency lights. Under the recent change, Indiana motorists are required to slow their speed down to at least 10 miles per hour under the posted speed limit if they are unable to move their car to a non-adjacent lane to the emergency lights.

Indiana lawmakers have also enacted a new "Move It" law (currently in effect) which requires a person involved in a crash to move the vehicle out of the traveled portion of the roadway, if possible. This new law has faced some criticism for the reason that some believe it is not wise for those involved in a motor vehicle accident to attempt to move their cars, and may end up endangering others in the process.

IndyStar.com reported that 21-year-old Nikki Labolle (Lebanon, Boone County, Indiana) was killed in a motor vehicle crash occurring in the early morning hours on Saturday. The crash happened at the intersection of Indiana 32 and County Road 900 East. IndyStar.com reports that the driver of the car, Joshua McCraw, failed to stop at a stop sign causing his motor vehicle to impact the bedroom of a nearby house, injuring its residents Bill and Joanne Shoemaker.

For more information and updates on this story visit IndyStar.com.

If someone in Indiana is involved in a car accident, they should call the police as soon as possible so the police can gather information about the parties and how the car accident occurred. In Indiana, accident victims are required to call the police in the event of a car accident. If the police are unable to come to the scene, law enforcement officials should give the accident victims instructions on how to proceed.

The Boone County Sheriff's office has been spreading the word about recent speed limit changes on portions of I-65 in Boone County. A major road construction project is set to begin on I-65 between Indianapolis and Lebanon. A third lane will be added on the stretch of I-65 from I-865 to Exit 138 in Lebanon, Boone County. Also, the bridge at SR 267 will be replaced and the ramps at SR 334 will be improved.

The speed limit for the stretch of interstate where construction is set to begin has already been lowered to 55 miles per hour and additional speed reductions will go into place once construction begins. Patrols will be enhanced in this area with state and local law enforcement officers concerned with the safety of those at the worksite, as well as the motorists on I-65.

Continue reading "I-65 Speed Limit Change in Boone County " »

On Wednesday, U.S. Transportation Secretary Ray LaHood announced a federal ban on drivers of commercial vehicles, including buses and semi-trailer trucks, from text-messaging while driving. Click here to read an article on the ban posted at www.washingtonpost.com.

This ban comes in the wake of a recent study by the Virginia Tech Transportation Institute, which found texting truckers to be 23 times more likely to be involved in a crash or near crash. Distracted driving has become a concern of Congress, and many view this ban as a first step in passing more laws and bans to eliminate or reduce cellphone use among drivers.

Continue reading "Federal Ban on Bus Drivers & Truckers Text-Messaging While Driving " »

Whitetail deer season is underway here in Indiana and motorists are being cautioned to stay on the lookout for deer crossing Indiana roadways. There are several factors contributing to the rise of deer/motor vehicle accidents in these fall months: opening of deer season, deer mating season and a reduction in habitat due to fall harvest.

Indiana is one of the top states in the U.S. for the number of deer/motor vehicle collisions annually. Deer collisions can cause significant property damage and serious personal injury. Indiana drivers are cautioned to stay alert and be on the lookout for deer crossing Indiana roadways.

Be sure you are sufficiently covered through your insurance policy in the event of a deer collision. Collision coverage in your insurance policy generally does not cover deer collisions. Look to see if any provision within your automobile insurance policy covers deer collisions and determine if you are adequately covered.

WSBT.com is reporting four Pierceton, Indiana teenagers were injured in a three car accident occurring in Kosciusko County Tuesday morning. Early reports indicate a van driven by a 17-year-old turned off of a county road onto Indiana 14 in front of two vehicles causing the accident. The collision caused at least two of the vehicles, including the van, to flip and eject some of its occupants.

The driver of the van, 17-year-old Jarrod Lewis was airlifted from the scene of the accident. Two passengers riding in the van he was driving, 16-year-old Charles Shepherd and 15-year-old Austin Striggle, were in critical and serious condition following the accident.

Click here to read more on the accident reported by WSBT.com.

Those of us who have lived in Indiana, or other locations throughout the Midwest, for any number of years are aware that the fall months of September, October and November constitute peak harvest season for grain farmers across Indiana. In order to access their fields, farmers often times must make use of Indiana roadways with their agricultural machinery. Agricultural machinery such as combines and tillage equipment are several times larger than normal cars, SUVs and pickup trucks. Consequently, they take up a greater portion of rural Indiana roadways, which can be more narrow compared to other roadways to begin with.

This lack of space can create challenges for all drivers, but with caution and awareness Indiana motor vehicle operators can safely share the roadway with our state's grain farmers. The Chicago Tribune recently reported that the Indiana State Police are urging drivers to stay alert for slow moving machinery and should be prepared to make immediate stops when quickly coming upon agricultural machinery in the roadway. The article also advises drivers to stay patient and to make certain the agricultural machinery you are attempting to pass is not making, or about to make, a left hand turn.

Click here to read the Chicago Tribune article "Indiana Motorists Urged to Watch for Farm Machinery."

WLFI.com reported that a Cass County truck driver's semi-trailer was struck by a train when his it stalled while crossing the railroads tracks. Fortunately, several nearby onlookers came to the man's rescue after he was ejected from the truck and found buried under debris from the collision. Watch the video to hear from those coming to the man's aid.

A common question by those who have been injured due to an unsafe roadway condition is whether they can bring a claim against a governmental entity for failure to maintain the roadway properly? In some cases an injury victim will be allowed to proceed with a claim against a governmental entity for failing to exercise reasonable care in keeping the roadway reasonably safe.

The Indiana Supreme Court held that a governmental entity has a common law duty to exercise reasonable care and diligence to keep its streets and sidewalks in a reasonably safe condition for travel. Catt vs. Board of Comm'rs of Knox County, 779 N.E.2d 1 (Ind. 2002).

Continue reading "Defective/Unsafe Roadway Conditions - Do I Have a Claim for My Injury?" »

The recent multiple vehicle, snowstorm accidents on I-69 near Indianapolis that resulted in two deaths and numerous injuries were a somber reminder for one of our clients. The headline story for the Sunday edition of the Indianapolis Star on Feb.15, describing the accounts, closecalls and ironies of some of the 34 drivers and victims involved in the Feb. 3 catastrophic pileup, was even harder to absorb.

On Feb. 14, 2006, Kevin Minglin was returning home from work on southbound I-69 just south of mile marker 8 when he was struck head-on by an oncoming vehicle. The other vehicle had lost control and crossed the center median. Because of recent heavy snow, the center median was packed up to and over the guardrail, permitting the car to "fly" over the guardrail and into the windshield of the Minglin car. Numerous vehicles were involved, and Kevin was killed instantly, leaving behing his wife and 2 teenage girls.

Over the past 2 years, the Minglin women have been forced to move on with their lives, but Kevin remains in their thoughts daily. Although our firm was able to help them secure a settlement with the insurance company that has made them financially secure, their lives have been filled with events that are constant reminders of their loss.

This past Sunday's story moved us to consider again the "what-ifs" that might have prevented Kevin Minglin's death. What if he had left work at his normal time, instead of helping "one more account" to make the customer happy? What if he hadn't called home on his cell phone moments before the collision--would he have been in a different lane or gone a little faster, and been out of harm's way? What if he hadn't slowed to let a car pass him moments before? If the snow hadn't been packed in the median, would the other car have collided with the guardrail instead of going over it?

Snow and speed killed Kevin Minglin, too. He was just in the wrong place at the wrong time. But his family's faith has allowed them to accept that it couldn't have been avoided.

An Indianapolis fourth grader at Spring Mill Elementary school was killed last week after being struck by a bus. The child, Christopher Beltz, was hit after he was dropped off a bus and then reportedly ran into the path of another. Indianapolis police are currently investigating the incident.

As a father of two elementary school aged children, reports like this hit very close to home. Last year, I published an article regarding school bus safety which seems particularly relevant given last week's tragedy. Below is the article which contains useful information for kids, parents and motorists.

Continue reading "Indianapolis Fourth Grader Killed After Being Hit By Bus" »

A southern Indiana bicycle rider who suffered serious injuries as a result of being hit by a motorist received some justice this week when the motorist plead guilty to attempted murder. The conviction arose out of a July 27, 2006 incident in New Washington Indiana when Justin Keith Simpson attempted to run over and kill the bicyclist Eric May. While May fortunately survived the crash, he reportedly suffered a head injury, and severe lacerations to his leg which may result in amputation.

According to the Clark County Prosecutor Jeremy Mull, the court has discretion as to Simpson's sentence, but the minimum recommended sentence for class A felonies in Indiana is 20 years in prison. The sentencing hearing is set for March 2, 2009.

In addition to the criminal prosecution, Simpson could face a civil lawsuit for injuries suffered by May in the bicycle/car accident. Under Indiana law, crime victims can sue the criminal for injuries they sustain, including damages for medical expenses, lost wages, pain, suffering and the loss of the enjoyment of life. While victims can sue criminals for damages, collecting damages for injuries arising out of criminal acts can prove difficult as most car insurance policies do not cover damages which their insured intentionally caused.

Most people have heard of punitive damages in accident and injury cases, but these damages are often misunderstood. Under Indiana law, personal injury victims can generally seek two types of damages. The first and most common type of damages sought are known as compensatory damages. The second and rarely obtained type of damages are punitive damages. The two types of damages are different in that they are used to accomplish different ends.

Continue reading "Punitive Damages-what are they?" »

The Anderson Herald Bulletin reported that a Muncie man was killed while driving on Interstate 69 in Madison County, Indiana Friday morning January 30, 2009. According to the report, a semi truck hauling car batteries was travelling on I-69 from from Mattoon Illinois when it lost control and crossed into the median. The trailer then became detached from the truck and proceeded into the oncoming lane, striking and killing the oncoming motorist from Muncie. For more information on the accident, visit the Herald Bulliten online at http://www.theheraldbulletin.com/local/local_story_030174240.html

When Indiana car accident victims file claims for their injuries, most people assume that the lawsuit will be filed against the negligent driver's insurance company. This is not the case. Under Indiana law, when an injury victim files a lawsuit against a negligent driver, the suit will be filed against the negligent driver, not his insurance company.

Continue reading "Are Indiana car accident cases filed agianst the insurance company?" »

The Associated Press recently reported that a push for change in Georgia's seat belt law has intensified as state lawmakers consider the safety concerns under the current law and the potential increased highway funds if a new law was enacted. Georgia's current seat belt law does not require adults to wear their seat belts while opeating or riding in a pick-up truck. The article explains that pressure to make the law tougher has come under the lure of receiving $4 million in federal highway funds if the law was changed and avoiding "an estimated $62 million each year in accident-related expenses such as medical costs."

Under Indiana law, adults that are front-seat passengers and drivers in pick-up trucks and SUVs that are registered as trucks are not required to wear their seat belts. See Owen v. State, 796 N.E.2d 775 (Ind. Ct. App. 2003); IC 9-13-2-123; IC 9-13-2-188; 9-19-10-2.

Indiana car and motorcycle accident victims often want to know where their case will be filed if a settlement is not reached with the other driver's insurance company. Most motor vehicle accident cases are filed in state courts. The few cases filed in federal courts either involve a federal law which has been allegedly violated or the parties are from different states and the case value exceeds $75,000.

When cases are filed in state court, as the majority are, each state has different rules regarding what county the case can be filed in. In Indiana, the Indiana Trial Rules, adopted by the Indiana Supreme Court, sets forth what counties are the appropriate venue, or location, for cases to be filed. While the rules have several subparts and exceptions always exist, Indiana accident victims must generally file their cases in either the county where the accident occurred or the county where the defendant lives. The decision of which county to choose, if they are different, is left to the injury victim and his attorney filing the case.

The Lebanon Indiana Auxiliary Fire Department and other surrounding area departments, are having a fundraising breakfast on Saturday January 17 to help raise proceeds for Jamestown Indiana firefighter Fred Long. Firefighter Long is currently in adult critical care at Methodist Hospital in Indianapolis Indiana recovering from injures he received after being struck by a semi-tractor trailer while assisting on an accident scene on Interstate 74 in Boone County. Because Mr. Long has numerous injuries and will require ongoing medical care, the fundraiser is being help to provide assistance to Mr. Long and his family. The breakfast event is being held at Trinity Lutheran Church in Lebanon Indiana from 7-10 a.m. and the cost of the breakfast is $6.00 per person. Trinity Lutheran will also match any profits up to $1000.00. Donations can also be made at the State Bank of Lizton

A firefighter from Jamestown Indiana was seriously injured while responding to an accident scene on Interstate 74 in Boone County Indiana. The accident occurred on December 26, 2008 when a semi truck ran over the emergency response firefighter while he was at the scene of two accidents on I-74. The firefighter was reportedly pinned under the truck for approximately 30 minutes before being rescued and taken to Methodist Hospital in Indianapolis.

As Indiana drivers gear up for the winter months ahead, it is important all drivers keep in mind the additional challenges winter driving in Indiana can present. In the winter months, Indiana roadways can turn from bad to worse in a short amount of time. Strong winds, significant temperature changes in short periods of time, and snow or other forms of mixed precipitation are all contributing factors.

When the necessary conditions are present, Indiana drivers should be on the lookout for black ice. Black ice is dangerous because it is clear and from a drivers vantage point, it appears the same color as the roadway surface on which it lies. Black ice is created by freezing rain or other forms of precipitation occurring around the freezing temperature. Bridges and overpasses are prone for black ice for the reason that while the temperature of other roadway surfaces may be above freezing with no ice, bridges and overpasses are susceptible to cold air above and below its surface, resulting in colder surface temperatures and the formation of black ice.

If you realize or suspect that you are driving on black ice this winter, remember the following tips:
1. Refrain from giving the car more gas, with the ultimate goal being to slow the speed of the vehicle;
2. It is best not to slam on the brakes, but instead tap the brakes lightly;
3. If your vehicle begins to skid or slid in one direction or another, turn your wheel in the direction of the skid; and
4. Always remember to wear your seatbelt.

By now, many people across Indiana have sadly learned of the heartbreaking school bus accident that occurred last Friday on U.S. 24 west of Logansport, that claimed the lives of four young special-needs students. At the time of the accident, the Twin Lakes School Corporation bus was in route from Logansport to Monticello after the school day had ended.

Wndu.com reported that the accident was caused after an eastbound dump truck on U.S. 24 quickly swerved into the westbound lane to avoid colliding with a moped making a left-hand turn into a driveway. As the dump truck swerved into the westbound lane, it collided with the school bus, sending it over on its side and into the eastbound lane. The school bus was then struck in its hood by a second dump truck following in the eastbound lane.

Mopeds and moter scooters have become increasingly popular in the last year due to our country's current fuel crisis and the rising gas prices that have resulted. Many mopeds and motor scooters gain over 100 miles per gallon of fuel, which makes them an attractive alternative to driving SUVs and four-door sedans. However, being that they are physically smaller means of transportation, mopeds and motor scooters provide additional safety concerns on our roadways. In most cases, mopeds and scooters are smaller than motorcycles and do not have the loud exhaust that alerts automobile and truck drivers to the presence of a motorcycle. As mopeds and motor scooters become a more and more familar sight on our roadways, it is necessary that all drivers take extra precautions in sharing the roadway and preventing accidents.

Each year, thousands of people across the United States will suffer injury or death from their involvement in a semi-trailer trucking accident. One of the main causes of these accidents continues to be driver fatigue. Financial and other incentives prompt semi-trailer truck drivers to take on longer hauls for more hours at a time.

The Federal Motor Carrier Safety Administration ("FMCSA") has in place driver-related regulations that limit the maximum driving time for drivers of property-carrying vehicles (including, but not limited to semi-trailer drivers). The FMCSA has also promulgated regulations that require drivers of commercial motor vehicles, such as semi-trailers, to record their hours spent driving in order to ensure compliance with the maximum driving time limits.

Nevertheless, fatigue continues to be a major problem in causing semi-trailer trucking accidents. In an effort to reduce these accidents, the National Transportation Safety Board ("NTSB") has recently encouraged government officials to pass laws mandating alarm systems to be used in alerting truck drivers of their fatigue. A recent article posted on www.nationalsafetycommission.com details several options the NTSB offers to curb fatigue related trucking accidents.

These include: 1.) supporting development research and implementation of dashboard-mounted cameras that track a driver's eye and eyelid movements, alerting them when it senses fatigue; 2.) technology that warns of collisions and automatically engages the trucks braking system; 3.) technology that senses when a truck is veering from its lane and deploys a light or alarm signal to the driver; 4.) stricter oversight by the FMCSA in making commerical trucking companies comply with regulations; and 5.) further implementation of rumble strips on the edge of highways and interstates that have proven very effective in preventing trucking accidents.

The Post-tribune.com has reported that Monday afternoon two trucking accidents occurred on Interstate 65 near the Roselawn, Indiana interstate exit. Both accidents combined to injure 4 people total, which included leaving a 38-year-old mother and her 4-year-old son critically injured, and also caused traffic to be backed up on Interstate 65 for hours.

Initially, a semitrailer rear-ended the motor vehicle carrying a mother and her son, who were slow moving due to construction work on the interstate. The semitrailer pushed the family's car into a guard rail, ultimately pinning it between the rail and the semi, while hitting two other motor vehicles in the process.

Indiana State Police blocked off the roadway as rescue and emergency teams dealt with the first accident scene. As traffic built up, a second semitrailer jacknifed at a location further south of the initial Interstate 65 accident scene, which resulted in a second closure. Indiana State Police closed Interstate 65 for more than 4 hours dealing with the two accidents.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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

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.

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.