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Pending Trucking Legislation Before 2021 Indiana Statehouse and the Danger of Fatal Truck Crashes with Faster, Heavier Rigs on our Roads

Three different pieces of legislation are currently before the 2021 Indiana Statehouse that will change the way that big rigs, semi-trucks, tractor-trailers, and 18 wheelers operate on Hoosier roadways should they become law.  If passed, Indiana will see faster and heavier rigs rumbling along the “Crossroads of America.” 

Heavier rigs and higher speeds for large commercial trucks may result in a higher risk of fatal truck crashes in the State of Indiana.

2021: Proposed Indiana Legislation for 70 MPH Semi-Truck Speed Limit

Speed – especially excessive speed – is often a contributing cause to a fatal truck crash here in Indiana and Illinois.  Having a collision involving the large size of a commercial motor vehicle with its enormous weight (especially when carrying full load) at a high rate of speed can result in horrific impacts with a devastating loss of life. 

For more on speeding as a factor in traffic fatalities, see:  Speeding and Serious or Fatal Semi-Truck Crashes in Illinois or Indiana and Speeding Kills: Driving Over the Speed Limit Still Causes Too Many Fatal Crashes in Indiana and Illinois.

Indiana State Representative Michael Aylesworth has introduced new legislation that would change the state speed limits for large vehicles traveling on the roads of the State of Indiana.  Curiously, it seeks to make Hoosiers safer on the roads by allowing big rigs and tractor-trailers to move at a higher rate of speed than currently allowed by state law.

Currently, in the State of Indiana the maximum speed for any commercial motor vehicle (other than a bus) with at least 26,000 pounds gross weight is 65 miles per hour.  Under proposed  HB 1029, IC 9-21-5-2 would be amended to change the maximum speed limit for these heavy trucks to 70 mph as long as the big rig or semi-truck is being driven on a highway that is:

(1) on the national system of interstate and defense highways located outside an urbanized area with a population of at least 50,000; or

(2) the responsibility of the Indiana finance authority.

How would increasing the speed limit for these large trucks help make our roads safer?  From a truck driver’s point of view, forcing the large truck to drive slower than the smaller vehicles surrounding him on the highway may create its own set of risks.  Professional drivers consider “split speeds” to be dangerous and allowing the trucker the ability to drive alongside other traffic at the same rate of speed to be a safer alternative.   

Read, “Indiana Bill Would Do Away with Speed Limit Differential,” written by Keith Goble and published by Landline on January 5, 2021.

2021: Proposed Legislation to Allow Heavier Trucks on Indiana Roads

Two pieces of legislation are before the Hoosier statehouse that will allow large commercial trucks to carry more cargo and freight as they rumble alongside other vehicles on Indiana roadways.  These two bills seek to allow (1) overweight truck permits and (2) overweight divisible loads.

Concerned truck drivers point out that allowing for heavier weights and bigger loads on trucks means more profit for those moving cargo – but whether or not this translates into safer driving conditions for the trucker and those who share the roads with him or her is another matter.

Fatal truck crashes can result from shifting loads while the truck is being driven.  Heavy loads on a big rig, semi-truck, tractor-trailer, or 18-wheeler can also challenge the most experienced of professional drivers to keep control of the rig, particularly in difficult weather conditions like Indiana winters.

For more, read: Big Rig Crashes In the News; The Dangers of Semis On Our Roads and Different Types of Fatal Semi-Truck Accidents and Tractor-Trailer Crashes.

1] HB 1190:  Overweight Truck Permits

Introduced by State Representatives Jim Pressel and Edmond Soliday, HB 1190 will allow the Indiana Department of Transportation (InDOT) to issue an overweight permit for transporting overweight vehicles and loads carrying resources on certain highways within Indiana’s state highway system.

The truck permit will be issued if: (1) rail transportation is not an option for transporting the resources; (2) other transportation options that do not include travel using a permit have been exhausted; and (3) as a result of the lack of transportation options for this resource, supply chain interruptions or supply dock backlogs exist.

These new Overweight Truck Permits will be given to vehicles with a total equivalent single axle load calculation equal to or less than 2.40 equivalent single axle load credit.  These new Overweight Truck Permits will be issued on a monthly basis and there is no statutory limit on the number of these new permits that can be issued by InDOT.  However, if the total equivalent single axle load calculation is more than 2.40 equivalent single axle load credit, InDOT may issue not more than 9,500 permits per month or 114,000 permits annually.

2] SB40:  Overweight Divisible Loads

Introduced by State Senator Jon Ford, SB40 will consider an “overweight divisible load” to include a tractor-semitrailer and any truck load with a gross vehicle weight between 80,000 pounds and 120,000 pounds if it is hauling certain commodities, has a certain maximum equivalent single-axle load, and is granted a permit for transporting overweight divisible loads.

 Right now, Indiana law allows commercial trucks to haul certain types of cargo only within certain weight limits.  Loads of agricultural commodities are limited to 97,000 pounds when moved from harvest to their first destination, for example.  

This new law would allow Indiana big rigs to carry up to 120,000 pounds of this type of cargo. 

Under SB40, the rigs must have a total equivalent single-axle load calculation that is equal to or less than 2.8 equivalent single-axle load.  Again, an InDOT permit will have to be issued for transport of these overweight divisible loads. 

Justice in the Aftermath of Fatal Truck Crashes in Indiana

Our part of the country has a much larger amount of commercial truck traffic since Indiana provides a national transportation hub which serves our country as it moves needed supplies and cargo from coast to coast.  In the “Crossroads of America,” Hoosiers are accustomed to driving alongside all sorts of big rigs, semi-trucks, tractor-trailers, and 18-wheelers on popular trucking routes like the Borman Expressway.

The risks of these huge vehicles being involved in a serious traffic collision is already high, simply because of their tremendous weight and size. The likelihood of severe or deadly bodily injuries for the truck driver as well as the truck’s occupants and those drivers and passengers in the other vehicles is exacerbated with any increase in speed or rise in load weight.  

For those victims of a tragic semi-truck crash in the State of Indiana, there are avenues for justice provided by state law through claims based upon negligence, product liability, wrongful death, and workers’ compensation causes of action.  Both the accident victims and their loved ones may be able to obtain damages from those responsible for the crash.

For more on fatal truck crashes, read:

Pushing drivers to move heavier loads at faster rates in these turbulent times is a serious concern for those involved in helping accident victims and advocating for safety.  Please be careful out there! 

Contact Us

If you or a loved one has been seriously injured or killed due to the wrongful acts of another, then you may have a legal claim for damages as well as the right to justice against the wrongdoer and you are welcomed to contact the Northwest Indiana and Chicagoland personal injury lawyers at Allen Law Group to schedule a free initial legal consultation.

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