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March is Brain Awareness Month: Do You Know Your Risk for TBI?

February 26th, 2015 by admin

When most folk discuss accidents — from on the job work falls, to car crashes, to getting hurt while playing sports, most of the talk involves what happened at the time and who was to blame for the accident. In lawyer’s language, that is the “liability” part of any injury claim or accident case. And that’s important — you cannot find justice for an injury victim without determining fault and assessing liability.

However, the bigger question for those who have been accident victims, as well as their families and their loved ones, is the aftermath of that accident. How badly was the accident victim hurt and how long till he or she recovers? What is needed in the form of care and therapy and drugs and rehab? What needs of the family need to be met (from loss of support and companionship to practical things, like how can the mortgage get paid)?  This is the “damages” part of their injury claim and accident case.

 

You and your loved ones may be at a much higher risk of Brain Injury than you realize.

Which means that when a group of organizations works to bring greater public awareness to the severe and serious needs of those who have suffered head trauma, concussion, and traumatic brain injuries after an accident, it’s a good thing. Families need to know that there is help for them both short-term and long-term, and in no type of accident injury is this more important than when the person has suffered an injury to their brain.

March 2015 is Brain Awareness Month

Every year, the Brain Injury Association of America (BIAA) captains a national public awareness campaign for those who have suffered brain injuries, and the BIAA has made the month of March as “Brain Injury Awareness Month.

This year’s theme for March 2015 as Brain Injury Awareness Month is “Not Alone”.

In its Not Alone Campaign, the BIAA is working not only to make the public more aware of brain injuries — how they happen, what can be done for folk who suffer brain injuries — but also to help victims and their families by working to lessen the stigma that many brain injury victims suffer after their accident.

A stigma that is so serious, that combined with the burden of recovery and comprised life style, leads far too many TBI victims to consider suicide as an option.  See, “Do College Athletes Have Higher Risk of Suicide Because of Sports Concussions? Yes..”

One of the organizations working with BIAA in bringing greater awareness of the impact of brain injury upon Americans is the National Child Traumatic Stress Network (NCTSN).

Every year, around 2,400,000 people suffer a traumatic brain injury (TBI) in this country, and this is especially tragic in the life-altering impact these brain injuries have upon children and young adults.

The NCTSN has compiled a long list of online resources for those want to learn about brain injuries as well as how to help TBI victims and their families.

Our law firm has represented many people who have tragically suffered severe and life-changing head injuries in all kinds of accidents. These traumatic brain injuries need long term help and those responsible for these accidents should take responsibility for things like future physical therapy needs, future psychological needs, and future care needs for both the victim and their families.

It’s important for people to know about the very real dangers of injuries to the brain which can happen in all sorts of ways, from sporting accidents like those that have happened to football players in school sports as well as car crashes where victims are suddenly injured in their head, neck, and spine.

Do you know the symptoms of brain injury?  Read “Concussion Warning Symptoms — Watch Out for These Signs of Brain Injury” for how sneaky these serious injuries can be.

Let’s all support March 2015 as Brain Injury Awareness Month.

Safety Groups Push Feds to Require Big Rigs to Have Auto-Brake Safety Devices

February 24th, 2015 by admin

Anyone who drives the Borman Expressway here in Indiana knows all too well how terrifying it can be to look in your rear-view mirror and see a hugh big rig semi truck barrelling down the road right behind you.

What if the truck driver doesn’t slow down? What if you have to brake suddenly?

Borman Expressway, and other interstates in our neck of the woods, are notorious for having road traffic where big tractor trailer trucks, heavy semis, and 18-wheeler big rigs share the lanes with family sedans and SUVs, pickups, minivans, and motorcycles.

 

If there is a semi-truck crash, all too often people are seriously hurt or killed in the accident. Big rig semi truck accidents are usually fatal for at least one of the people involved in the crash.

So, when not one but FOUR national safety advocacy groups joined together this month to urge the federal government to create a new legal requirement for these big commercial trucks (e.g., those weighing 10,000+ lbs.), it sure looks like lots of safety experts may have a good idea for keeping us all a bit safer on the roads with these monster machines.

Together, the Advocates for Highway and Auto Safety, the Center for Auto Safety, Road Safe America, and the Truck Safety Coalition have formally requested that the National Highway Traffic Safety Administration (NHTSA) mandate that any truck driving American roads with a minimum weight of 10,000 pounds have a new electronic safety alert gizmo installed on the truck.

Read Their February 2015 Petition for Rulemaking Here.

What would this safety gizmo do?

Well, for one thing these four expert organizations suggest that thousands of big rig semi truck crashes could be prevented each year if these devices are installed on the heavy commercial trucks. Lots of lives will be saved if these devices are put on commercial trucks according to their studies.

How? The safety device would do this by first warning the truck driver that there is stopped or stalled traffic ahead of him in the truck’s path and if the truck driver didn’t respond to that warning fast enough, the gizmo would AUTOMATICALLY BRAKE that truck so that a collision could be avoided. Cost is minimal: it’s estimated that installing these safety devices would cost less than $300/truck.

Sound familiar? It should.  Similar safety devices are already in place and being sold as components to several luxury sedans for sale now here in the United States.

The F-CAM System

Officially, the new gizmo is called a “forward collision avoidance and mitigation braking system” or “F-CAM system” and it works by using a combination of radar and sensors.

The F-CAM system, when alerted about danger in front of the truck, first alerts the truck driver that the truck is getting too close to another vehicle traveling in the lane in front of the truck. Maybe that vehicle is moving, but it’s moving slowly. Maybe it’s come to a full stop.

The truck driver gets a chance to apply the brakes. (Or maybe change lanes.)

If the F-CAM system alerts that a crash is imminent because the driver has not solved the problem, then the “Collision Mitigation Braking system” or CMB system automatically takes control of the truck’s brakes to slow the big rig semi truck down. Hopefully, this prevents an accident. However, if a crash does happen, then the system will have (hopefully) lessened its severity by slowing down the heavy machine before impact.

Construction Zones are High Risk for Rear-End Truck Collisions

The goal here really is to fight against rear-end collisions where a big rig semi truck slams into another vehicle, a type of accident where people are likely to be seriously injured or killed in the impact. These rear-end collisions are most likely to happen in construction areas, where construction forces traffic to bottleneck into a single lane or where construction workers are flagging traffic to slow or stop suddenly to accommodate construction work.

According to these safety advocates, in a five year period (2003-2008), 300 people died each year from rear-end wrecks involving big commercial trucks and there were 32,000 rear-end crashes involving these heavy commercial vehicles hitting smaller cars and trucks on a yearly average.

John Lannen, Executive Director of the Truck Safety Coalition commented:

“In work zone areas and when traffic is significantly slowed or at a complete stop, cars are particularly vulnerable to being rear ended by large trucks. Trucks are overrepresented in fatal highway crashes, and they are even more so in fatal work zone crashes. This is why it is imperative that F-CAM technology is required safety equipment in large trucks.”

What Will Happen? The NTHSA Must Act

Right now, this is a campaign instituted by safety groups to get these automatic brake systems for big rig semi trucks to be a federal law requirement. The process of petitioning the federal agency to create a new federal rule for commercial trucks has begun.

Whether or not the federal government will move forward with action based upon the petition is an open question. If the NHTSA agrees to do so, then we still have a long time before the rules-making process is completed and any trucking company has to worry about actually installing these gizmos on their fleet of big rig semi trucks.

So, for now, it’s just as dangerous to be driving in front of a heavy commercial truck on Borman Expressway as it ever was. Be careful out there.

Construction Workers: The Most Dangerous Job Today

February 19th, 2015 by admin

Working construction is hard work, especially in Indiana and Illinois where construction workers have to deal with severe weather conditions so much of the time. Earning a living as a construction worker is to be respected and commended: many of these workers are professional craftsman, tradesman, and artisans. Often, construction workers dedicate their lives and careers to the building trades, and it’s not uncommon to see family members over several generations working construction as a tradition.

Construction Is Very Dangerous Work

According to federal government studies, working construction is the most dangerous kind of work you can do in America. One in five worker fatalities (20%) are people dying while working on the job doing construction.

The main reason that construction workers die on the job is from FALLS. Over a third of construction worker deaths are from injuries sustained in a fall on a construction job site.

Taken together with another three types of injuries, falls make up the “Fatal Four” causes of construction worker fatalities. Those three are:

STRUCK BY AN OBJECT

These are deaths that result from being hit by falling objects as the construction worker is on the job and is hit by things like tools or building materials fall on the worker, or when during the course of doing their work, objects fly out and hit the worker.

ELECTROCUTIONS

Death by electrocution happens when a worker is exposed to a fatal level of electricity or electrical energy.

CAUGHT-IN/BETWEEN

Caught in/between dangers involve risks like: cave-ins; limbs pulled into machinery; body hit by cranes and other construction equipment; body parts caught and hurt in equipment & fixed objects.

According to the Occupational Safety and Health Administration (OSHA), over half of all construction worker deaths are caused by the FATAL FOUR.

 

Federal Regulations to Try and Stop Construction Site Injuries

Recognizing that construction work is so dangerous, there have been many federal and state laws and regulations passed to try and force construction companies and site managers to keep construction workers safe on the job.

Still, construction workers are faced with dangerous conditions and high risk work environments every day in our country.  All too often because construction companies are negligent or decide to put profits over people, construction workers die while working on the job — despite all these legal protections being in place.

These include the following regulations, which were the Top 10 OSHA Regulations that were violated and cited in 2014:

  • Fall protection, construction (29 CFR 1926.501)
  • Hazard communication standard, general industry (29 CFR 1910.1200)
  • Scaffolding, general requirements, construction (29 CFR 1926.451)
  • Respiratory protection, general industry (29 CFR 1910.134)
  • Powered industrial trucks, general industry (29 CFR 1910.178)
  • Control of hazardous energy (lockout/tagout), general industry (29 CFR 1910.147)
  • Ladders, construction (29 CFR 1926.1053)
  • Electrical, wiring methods, components and equipment, general industry (29 CFR 1910.305)
  • Machinery and Machine Guarding, general requirements (29 CFR 1910.212)
  • Electrical systems design, general requirements, general industry (29 CFR 1910.303)

CONSTRUCTION WORKERS’ REMEDY UNDER STATE AND FEDERAL LAW

Construction workers who are hurt or killed on the job are protected by both federal and state law regarding their injuries. State workers compensation laws may help injured construction workers. Wrongful death statutes can help families of those who have been killed on the job in a construction site accident. Additional laws may provide help and justice, as well, including personal injury laws and product liability statutes.

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For more information, visit the Kenneth J. Allen Law Group web site resource pages for Work-Related Injuries.

Now, The Car Recall Fixes Don’t Work – Feds Recall the Recalls

February 17th, 2015 by admin

There have been more recalls of cars being driven by trusting souls on American roads in the past year than ever before, and that’s shocking. According to the National Highway Traffic Safety Administration, over TWICE as many vehicles were recalled last year than in the previous record-breaking year of 2004, when 30,800,000 vehicles were recalled for product problems.

Fortune Magazine calls 2014 “the year of the recall.”

This is bad for all of us. Recalls in 2014 did not involve new cars fresh off the assembly line that needed a fix, for the most part. The great majority of recalls last year involved cars, trucks, SUVs, and minivans that had been on the road for awhile. Some, as long as 10 years.

These vehicles may well have been involved in car crashes and traffic accidents where the recall problem was the real reason that the accident occurred, but fault was found to lie with one of the drivers. These drivers may need to revisit those assessments of liability and determine if they now have a claim against the car maker for what has happened to them.

See for example, the driver now seeking damages after being falsely accused of felony criminal liability in an accident where someone died as a result of the recall defect.

Additionally, in accidents happening now and in the future, the possibility that the fault for the crash lies with an inherent product defect involved in one of these recalls also has to be considered.  

It Gets Worse: Now, Recalls Aren’t Enough

This week, things got even more serious. The federal government announced that some recalls — impacting over 2,000,000 vehicles on U.S. roads — did not work. Now, they are RECALLING THE RECALLS.

That’s right. Scary, isn’t it?

Over two million Acura, Dodge, Jeep, Honda, Pontiac, and Toyota vehicles are being recalled because their airbags may suddenly deploy. This is dangerous! It’s also something that was supposed to be fixed in the car manufacturers’ original recalls.

From NHTSA:

“This is unfortunately a complicated issue for consumers, who may have to return to their dealer more than once,” said NHTSA Administrator Mark Rosekind. “But this is an urgent safety issue, and all consumers with vehicles covered by the previous recalls should have that remedy installed. Even though it’s a temporary solution until the new remedy is available, they and their families will be safer if they take the time to learn if their vehicle is covered and follow their manufacturers’ instructions. A hassle is much better than a family tragedy.”

To check to see if your vehicle is involved here, call NHTSA’s Safety Hotline ((888) 327-4236).

 

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For more information, visit the Kenneth J. Allen Law Group web site resource pages for Car Accident Injuries.

Is Your Teenager Wearing a Seat Belt While in the Car? Are You? New 2015 CDC Warnings Released

February 12th, 2015 by admin

Statistics show that traffic accidents and motor vehicle crashes kill more Americans than any other cause of death from the time that the person is born through the first 30 years of their life.

Car crashes are the main reason people between the ages of 1 and 54 die in this country.

It’s shocking to think that auto accidents are the main reason for infants, children, and particularly young adults to lose their lives in this country — and for many, these deaths could have been prevented in thy had been protected in the crash with car seats, booster seats, and seat belts.

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2015 CDC Seat Belt Facts

Last month, the Centers for Disease Control and Prevention (CDC) released new “fact sheets” and other research summaries regarding motor vehicle accident fatalities and how to fight against deaths in car accidents.

From the CDC we know:

  • 94% of the people riding in vehicles today, in both Indiana and Illinois, are wearing safety belts — and a significant number, 6%, are NOT. (This is a lot better than Ohio, for example, where only 82% are wearing seat belts.)
  • Over 2,200,000 people had to get treatment in an emergency room after being injured in an auto accident during the year 2012 alone.
  • Motor vehicle crashes are considered a major public health problem in this country.
  • Teenagers die from bodily injuries sustained in traffic accidents than from anything else.
  • Over half (55%) of those who were age 13 – 20 years of age who died in a traffic accident were NOT wearing a seat belt at the time of the crash.
  • Teenagers are less likely to wear seat belts than older adults and men are less likely to wear safety belts than women.
  • Wearing a safety belt cuts the chance of death in an auto accident by 50%.
  • Air bags are not an alternative to wearing a seat belt; they provide additional protection to the person wearing a safety belt.

If you or a loved one have been seriously injured or killed in a traffic accident, then it’s important to learn the reasons for this tragic life event — and if someone failed to insure that your child or teenager was buckled up before hitting the road, then you need to know about it as well as your legal avenues for justice when negligence has caused such severe harm.

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For more information, visit the Kenneth J. Allen Law Group web site resource pages for Car Accident Injuries.

Drug Use Behind the Wheel: 25% Driving Under Influence of Pot or Other Drugs

February 10th, 2015 by admin

The Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) has released a new study regarding how many drivers are driving on our roadways while under the influence of drugs (as opposed to those driving drunk or under the influence of alcohol).

In a survey done across the country, where volunteers agree to be tested by researchers by a number of roadside “voluntary for research study up ahead” signs, anonymous drivers were tested by agency researchers.  This was done as part of the National Roadside Survey, something that has been done by the federal government 5 times in the past half-century.

The NHTSA has discovered that more and more drivers are getting behind the wheel after taking prescription drugs or smoking pot. The NHTSA Roadside Survey of Alcohol and Drug Use by Drivers reports that in 2014, almost 1 in 4 drivers tested POSITIVE for at least one drug that could impact the ability of the driver to safely operate a motor vehicle.

In data gathered during their study done during 2013–2014, 20% of the weekend nighttime drivers turned up positive for drugs. Of the drugs found, the most common was THC, the intoxicant found in marijuana. As for drivers under the influence of marijuana, the number rose 50%.

From NHTSA Administrator Mark Rosekind, “…the latest Roadside Survey raises significant questions about drug use and highway safety. The rising prevalence of marijuana and other drugs is a challenge to everyone who is dedicated to saving lives and reducing crashes.”

How dangerous is the marijuana-influenced driver? Very.

According to the National Institute of Drug Abuse:

“Accident-involved drivers with THC in their blood, particularly higher levels, are three to seven times more likely to be responsible for the accident than drivers who had not used drugs or alcohol. The risk associated with marijuana in combination with alcohol appears to be greater than that for either drug by itself.”

What does this mean for drivers in Indiana and Illinois?

For those involved in car accidents or crashes involving big rigs, semis, minivans, or other motor vehicles, it’s important to know if the driver responsible for your accident and your injuries was under the influence of drugs, particularly marijuana, at the time of the crash. This may be more difficult to prove with admissible evidence than someone driving while drunk on alcohol because it is not as easy to test drivers at the scene of the accident for marijuana as it is for BAC (blood alcohol content).

While technologies are being advanced for use by local law enforcement, things like Breathalizers are not available for police to test drivers for pot after an accident has occurred.

Knowing that there is a 20% chance that the driver in your accident may have been under the influence of marijuana means that there is much higher likelihood that marijuana or other drugs may have been a factor in causing the crash. It’s a factor to be investigated in your accident, something that may not have been the case just a few years ago.

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For more information, visit the Kenneth J. Allen Law Group web site resource pages for  Motor Vehicle Accidents and Crash Injuries.

 

New Study: Almost 50% Drop in Car Accident Deaths

February 5th, 2015 by admin

According to a new study released by the Insurance Institute for Highway Safety, there has been a significant decrease in deaths caused by car accidents in the United States in the past 3 years. The IIHS tested around 3 dozen different types of cars on the American road today.

Their research shows a 41% drop in the number of traffic accident fatalities in this country.

That’s a huge percentage change — the number of traffic accident deaths cut almost in half. Which is great news, right?

More good news. The IIHS study revealed that several car models were so safe that not one death could be attributed to an accident involving one of these cars. NINE different models of automobile were found to be free of any recorded fatality:

Read the IIHS Status Report with all their research details.

Of course, the report also includes car models with the highest recorded number of fatalities.

The number one car on that list? A Kia Rio.

 

The Kia Rio was number one in Highest Rate of Driver Deaths in the IIHS Study.

NFL Claims 36% Drop in Concussions: Can Heads-Free Tackle Protect Your Kid?

February 3rd, 2015 by admin

Recently, Mike Ditka was quoted as saying that he would not let his son play football today. Would you?

The latest news from the National Football League (NFL) seems to be very good: according to their stats, the NFL saw 36% LESS concussion injuries in the 2010 – 2013 playing seasons. What’s the reason for such a big drop in concussion brain injuries? The explanation that is being reported is that the 2010 rules change, governing how pro football players are to tackle during NFL football games, has resulted in this positive change.

Read the 2014 Report here.

Is the Answer to Football Concussion Danger as Simple as Different Tackle Method?

According to the pro league, NFL coaches have implemented a new procedure where players are not to tackle each other with helmet-against-helmet force. Instead, they are to tackle with the head up, so there isn’t a slamming force directly against the two player’s helmets.

Additionally, extra pads are being used during practices.

Result? According the NFL, the rate of concussion brain injury in 2014 was half that of 2012.

 

Tackle Changes in College, High School, and Children’s Football

Assuming that this research is accurate, then it’s very good news for those athletes and their families who are playing professional football. Question is: are these changes being implemented in tackles being done on college football fields, and during games and practices in high school games and other kids’ football practices?

There are changes being made. USA Football includes “heads up football” as part of its plan to make football safer for youth and high school football. The NCAA is also moving forward with concussion-targeted safety procedures, such as increased use of padding.

Watch the USA Football Video on Heads Up Football here:

 

The Question Remains: Is Football Risk of Concussion Injury Too High for You or Your Child?

If you or a loved one has been hurt while playing football, then you may have a legal claim for damages based upon injuries that have been suffered or which will likely manifest in the future due to concussion and brain injury. Personal injury laws are in place to assist you and your family to seek justice in these cases.

Deadly Black Lung Disease Returns to Threaten Illinois and Indiana Coal Miners

January 29th, 2015 by admin

No one has to get black lung disease, also known as “miner’s asthma” or pneumoconiosis.  The truth is Black Lung Disease is a terrible, painful, serious and deadly disease that is totally preventable.  And it’s back, in a big way.

Black Lung Disease is a workers’ disease, an occupational hazard, for those men and women who work in America’s coal mines. In the Coal Mine Act, federal law recognized “black lung” as the tell-tale symptom of this occupational disease, and it has been commonly known as Black Lung Disease for decades.

There have been steadfast gains in wiping out Black Lung Disease. In 1969, Congress ordered that Black Lung Disease be targeted and ended as a danger and work hazard in United States Coal Mines. (See, Title IV of the Coal Mine Act.)  State and national efforts have worked to meet this goal, although it is reported that around 1500 people  still continued to die each year from the disease, caused by breathing in coal dust while working in the coal mines over the years.

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Indiana Coal Miners and Illinois Coal Mines: Growing Danger of Black Lung Disease

When most people think of American coal mines, they likely think of the Appalachian states’ miners made famous by songs like Loretta Lynn’s “Coal Miner’s Daughter,” or Elmore Leonard’s hit TV series “Justified”. However, southern Indiana and most of the state of Illinois also have their share of coal mines and workers in the Indiana and Illinois coal mines are at risk of Black Lung Disease just as their fellow coal miners are in Kentucky, and West Virginia.

In fact, 90% of United States underground coal reserves are found in 10 states, with Illinois being number two (78 tons) and Indiana coming in at number 10 (10 tons). Montana has the most coal reserves (120 tons) and the remaining 40 states combined have a total of 51 tons (or 10% of total U.S. coal reserves).

Black Lung Disease Has Returned to Threaten US Coal Miners

Despite decades of work at eradicating Black Lung Disease, recent reports from the CDC’s National Institute for Occupational Safety and Health (NIOSH) are that Black Lung Disease is returning with diagnoses reaching the highest number in 40 plus years. Specifically, “progressive massive fibrosis” (PMF) is on the rampage amidst our American coal mining workers. PMF is one form of Black Lung Disease, and it is one of its more horrific and deadly versions.

The NIOSH research was done in three states, testing their coal miners for symptoms of Black Lung Disease. It did not include testing of coal miners in Indiana or Illinois. However, coal miners are just as endangered here as they are in the coal mines of neighboring states.

Doctors studying this issue are reporting that today, not only is Black Lung Disease returning in a big way, it has evolved into deadlier versions. Another scary fact: now, it is young coal miners that are coming down with Black Lung Disease, much more than their older co-workers.

This TOTALLY PREVENTABLE OCCUPATIONAL DISEASE may well be infecting and slowly killing Indiana coal miners and workers in Illinois coal mines right now.

Coal Mine Owners and Operators: Why Has Black Lung Disease Returned???

Coal miners should get themselves tested for Black Lung Disease and start treatment as soon as possible to fight against this terrible and horrific illness. Meanwhile, there is a big question to be asked of owners and operators of U.S. Coal Mines: why is this disease returning now? Have costs been cut yet again by companies to maximize profits while putting workers at risk of injury or death?

Is this yet another example of profits over people? There are laws against that, of course. This is one of the core reasons that personal injury laws and wrongful death statutes exist.

Bicycle Accidents in Indiana Target of New Proposed Laws

January 27th, 2015 by admin

According to the National Highway Traffic Safety Administration (NHTSA), over 726 cyclists died and another 49,000 were seriously injured in accidents where the cyclist was hit in a motor vehicle traffic accident in 2012.   While not a huge number statistically, the fact that most bicycle accidents involving motor vehicles cause serious injury to those riding the cycle mean that these accidents are serious dangers and of particular concern, given that children and young adults (like college students) are often those who are sharing roads with cars and trucks while riding their bikes.

It’s a situation worthy of legislative concern.  In fact, there are two new laws being proposed by Indiana lawmakers this year that are targeting the dangers to people riding bicycles of serious injury and death in bicycle traffic accidents. Both would work to increase criminal laws for drivers who share the roads with bicyclists.

 

 

New Indiana Laws to Fight Against Serious Traffic – Bicycle Accidents

Each proposal would make it a Class C misdemeanor for a driver of a car, truck, SUV, minivan, or other motor vehicle to overtake a bicycle rider or bicyclist without keeping a minimum of THREE FEET between their vehicle and the bicycle when overtaking the bike and not waiting to return to their original lane until they were a safe distance from the bicycle.

What does this mean? If someone is convicted of a Class C misdemeanor in Indiana, they can be jailed for two months and fined $500.00. This is not law, yet — but it’s a good step toward helping keep people riding bikes safe on Indiana roads.

To track these new proposed bike safety laws:

Senate Bill 36

Citations Affected: IC 9-13-2-14; IC 9-21-8-5.

Synopsis:

Vehicle clearance when overtaking a bicycle. Provides that it is a Class C infraction for a person driving a vehicle overtaking a bicycle to not allow at least three feet of clearance between the vehicle and the bicycle and not return to the original lane until the vehicle is safely clear of the bicycle.

Effective: July 1, 2015.

House Bill 1233

Citations Affected: IC 9-13-2-14; IC 9-21-8-5.

Synopsis:

Vehicle clearance when overtaking bicycle. Provides that it is a Class C infraction for the operator of a vehicle overtaking a bicycle to not: (1) allow at least three feet of clearance between the vehicle and the bicycle; and (2) return to the original lane until the vehicle is safely clear of the bicycle. Revises the definition of “bicycle” for purposes of the motor vehicle code.

Effective: July 1, 2015