Earlier this week, an Indiana State Trooper was injured when he was struck by a passing vehicle as he was responding to the scene of an accident. According to one local news source, the original accident occurred around 6:00 in the evening on Interstate 80 eastbound, near the Interstate 65 exit.
Evidently, the Trooper was on the scene of the accident, parked in the left-most lane of travel. His vehicle, while it was blocking the lane, had on its emergency lights indicating that drivers should not occupy the lane. The Trooper was the first on the scene and was waiting for back-up as well as a tow-truck operator.
At some point, a few minutes after the initial crash, a 2009 Hummer crashed into the rear of the Trooper’s patrol car. Both the Trooper as well as one of the men involved in the original accident were taken to the hospital with serious injuries. Both men are expected to make full recoveries. Reports indicate that there were wet road conditions at the time of the accident.
Indiana’s Move Over Law
A few years back, states across the country started to enact what have become known as “Move Over Laws,” requiring motorists who are approaching stationary emergency vehicles on the highway to move over at least one lane in order to prevent an accident.
In Indiana, the Move Over law is as follows:
Any driver who approaches an emergency vehicle with flashing lights activated, a maintenance vehicle, or a recovery vehicle (such as a tow truck), must either:
- Proceed with due caution and move over into a non-adjacent lane if there are two or more lanes going in the same direction at that point on the highway; or
- Slow down to at least 10 miles per hour under the posted speed limit if moving over is not safe or possible.
Failing to do so can result in a citation being issued or in civil liability to anyone injured as a result of the driver’s failure to follow the law.
Recovering After a Roadside Accident
While the purpose of Indiana’s Move Over law is to protect police, fire, and other emergency workers, the law may be used by others injured in an accident resulting from a driver’s failure to move over as well. For example, in the accident discussed above, the man involved in the original accident was also injured in the subsequent accident involving the Hummer driver’s failure to move over. It may be that the accident victim can use this theory in a civil trial in order to help him establish that the Hummer’s driver was negligent in causing his injuries.
Have You Been Involved in an Indiana Highway Accident?
If you or a loved one has recently been involved in any kind of Indiana highway accident, you may be entitled to monetary compensation to help you recover the costs associated with being involved in the accident. To learn more about how Indiana law may allow you to recover for your injuries, call 888-765-7411 to set up a free consultation with a knowledgeable and experienced Indiana personal injury attorney.
10-Year-Old Girl Killed in Miami County Car Accident; Alcohol Suspected, Indiana Injury Lawyer Blog, October 19, 2015
Fog Blamed in Northwest Indiana Fatal Accident, Indiana Injury Lawyer Blog, October 19, 2015