Indiana and Illinois in the newly released AHAS Fatal Accident Danger Ratings
Respected highway safety researchers at the Advocates for Highway and Auto Safety (AHAS) have just released their “17th Annual Roadmap of State Highway Safety Laws” (“Roadmap Report”). As a public service, the nonprofit advocacy organization is sharing their 2020 Report analyzing traffic fatalities in this country.
2020 AHAS Roadmap Report
In their annual Roadmap Report, AHAS studies not only (1) the dangers of motor vehicle accident deaths in each state, but also (2) compares the states in order to rank those with the highest risk of a fatal traffic accident.
In the report, AHAS began with sixteen (16) specific laws considered to be the “most effective” for protecting individuals from suffering severe bodily injuries or death in a collision or crash. These included statutory requirements for things like seat belts and helmets. States were evaluated by looking at their current statutes and laws, to determine how proactive the state has been in passing safety legislation.
This year, twelve states received “red” rankings: Arizona, Florida, Missouri, Montana, Nebraska, Nevada, New Hampshire, Ohio, South Dakota, Vermont, Virginia, and Wyoming. These 12 states are considered the most dangerous places to drive according to the AHAS Roadmap Report.
For those of us in Indiana and Illinois, this is somewhat good news — unless we have loved ones who travel through nearby Ohio. However, Illinois and Indiana did not rank among the seven states deemed to have the best safety rankings. Neither state is considered among the safest states in the AHAS analysis.
Both Illinois and Indiana received “yellow” scores. Each state is found to have specific areas that expose drivers and passengers, as well as pedestrians and bicyclists, to a high risk of dying in a fatal motor vehicle accident.
Fatal Motor Vehicle Accidents are a Major Public Health Epidemic
The safety group reminds everyone that today the national transportation system faces a “major public health epidemic” due to the unacceptably high number of fatal motor vehicle crashes that happen each year. Roadway Report, page 5.
From the Roadway Report, using the latest data available (2018):
- Automobile crashes remain a leading cause of death for Americans;
- Almost half (47%) of passenger vehicle occupants who perished were unrestrained (no seat belt);
- Almost 14% of the total crash fatalities are deaths of motorcyclists;
- Approximately 12% of the total crash fatalities are deaths of young drivers (age 15 – 20);
- Drunk driving and distracted driving remain serious and rising causes of traffic deaths.
2020 AHAS Roadmap: Illinois’ Report Card
More people perished in motor vehicle accidents in Illinois than in Indiana. In 2018, AHAS reports 1031 people died in Illinois crashes while Indiana saw 858 traffic deaths during the same year. The highest dangers facing Illinois according to the study involve:
- Motorcyclists
- Child Passengers
- Teen Drivers
AHAS recommends new highway safety laws be passed in Illinois that involve: (1) an all-rider motorcycle helmet law; (2) a booster seat law; (3) driver’s license restrictions for young drivers that include (a) minimum age of 16 for a learner’s permit; (b) stronger nighttime driving restrictions; (c) stronger passenger restrictions; and (d) minimum age of 18 for an unrestricted driver’s license.
2020 AHAS Roadmap: Indiana’s Report Card
While Hoosiers can take some comfort in a lower fatality statistic than neighboring Illinois (858: 1031), there are still significant dangers facing anyone on or near the roads of Indiana. The highest dangers facing Indiana according to the study involve:
- Motorcyclists
- Infant Passengers
- Child Passengers
- Teen Drivers
- Drunk Drivers
AHAS recommends new highway safety laws be passed in Indiana that involve: (1) an all-rider motorcycle helmet law; (2) mandatory rear-facing for all passengers under the age of 2 years; (3) a booster seat law; (4) driver’s license restrictions for young drivers that include (a) minimum age of 16 for a learner’s permit; (b) stronger nighttime driving restrictions; and (c) minimum age of 18 for an unrestricted driver’s license; and (5) ignition interlocks for all drunk driving offenders.
Lack of Safety Legislation and Victims of Fatal Crashes in Illinois and Indiana
The AHAS considers its recommended traffic safety laws as being “commonsense” with their passage having already been shown to have saved lives in states where the legislation has been enacted. Roadmap Report, p. 1.
Nevertheless, we all drive and ride (and walk and bike) without the recommendations made for Illinois and Indiana. Until these laws are passed, how does the lack of AHAS’s proposed motorcycle helmet laws, or limits on teen driver licenses, or mandating booster seats, impact Indiana and Illinois?
First of all, the report research confirms that roads are safer if their suggested laws are implemented. Small children have been shown to be safer if strapped into a booster seat and less likely to perish if there is a serious accident, for instance. These safety laws are designed to promote public safety.
In our next post, we will delve into the various high risk categories identified in the Roadmap Report for Indiana and Illinois.
However, there is another issue. What about if there is a fatal motor vehicle accident before these safety laws are passed? Does the absence of this legislation impact the personal injury or wrongful death claims that can be advanced as justice for the victims?
Determining Duty of Care after a Fatal Accident
In any accident, factual investigations must be made to determine the cause of the crash. If that cause corresponds to a violation of someone’s (or some entity’s) duty of care, then the breach of duty can form the basis of a legal claim.
Having laws in place helps victims define that duty of care. For example, if there is a law against driving drunk and there is a fatal crash, then proof that a driver was illegally intoxicated at the time of the accident will support the victim’s claims for justice. If there is proof that a bar or club over-served that drunk driver, then there may be an action against that business entity, too (depending upon the circumstances and the specific state laws involved). See, e.g., Drunk Driving Accident: Who’s Legally Liable? Answer is Different for Indiana and Illinois and Liable for Drunk Driving Accidents in Indiana and Illinois: Social Party Hosts, Bars, Restaurants.
Duties can be defined by state law. However, in both Indiana and Illinois there are also established common law duties that exist for all drivers, as well as others who may be involved in causing a deadly accident.
The lack of the AHAS proposed “commonsense” state laws does not dim current state laws’ strength in protecting victims and their loved ones in the pursuit of justice after a tragic fatality. Passage of these safety laws will however help to prevent future deaths and the need for claims to be pursued in their aftermath. Please be careful out there!
