CHAPTER NINE SELECTED INDIANA LAWS

CHAPTER NINE SELECTED INDIANA LAWS Child Safety Restraint Laws Motorcycle Helmet Laws Indiana Speed Limit Laws Indiana Safety Belt Laws Safety Belt Laws by State Indiana s Comparative Negligence Law Indiana s Point System

WHO IS COVERED? CHILD SAFETY RESTRAINT LAW S S TAT E MUST BE IN CHILD RESTRAINT A D U LT SAFETY B E LT PERMISSIBLE MAXIMUM FINE 1ST OFFENSE A l a b a m a 3 yrs. and younger 4 through 5 yrs. $ 10 A l a s k a 3 yrs. and younger 4 through 15 yrs. $ 50 1 A r i z o n a 4 yrs. and younger not permissible $ 50 A r k a n s a s 5 yrs. and younger and less than 60 lbs. 6 yrs. through 14 yrs. or 60+ lbs. $ 100 C a l i f o r n i a younger than 1 yr. or less than 20 lbs. or in a rear-facing restraint system 6 through 15 yrs. or 60+lbs. $ 100 1 in rear seat only if front passenger air bag is active. 5 yrs. and younger or less than 60 lbs. in a rear seat 2 (rear seat requirements eff.1/1/05) 3 C o l o r a d o younger than 1 yr. and less than 20 lbs. in a rear-facing infant seat 6 through 15 yrs. and 55" or more 5 $ 50 1 through 3 yrs. and 20-40 lbs. in a forward-facing child safety seat 4 through 5 yrs. and less than 55" in a booster seat 2,4 C o n n e c t i c u t 3 yrs. and younger and less than 40 lbs. 4 through 15 yrs. or 40+ lbs. $ 60 5 D e l a w a r e 6 yrs. and younger and less than 60 lbs. 6 7 through 15 yrs. or 60+ lbs. 6 $ 25 District of Columbia 7 yrs. and younger 8 through 15 yrs. $ 75 1 F l o r i d a 3 yrs. and younger 4 through 5 yrs. $ 60 1 G e o rg i a 5 yrs. and younger and 57 or less 2 (eff. 7/1/04) more than 57 $ 50 1 (5 yrs. and younger must be in rear seat if available) H a w a i i 3 yrs. and younger not permissible $ 100 5 I d a h o 3 yrs. and younger and less than 40 lbs. not permissible $ 100 I l l i n o i s 7 yrs. and younger 2 8 through 15 yrs. $ 50 I n d i a n a 7 yrs. and younger when driver holds an Indiana license 2,7 ( e ff. 7/1/05) 8 through 15 yrs. $ 25 1 I o w a younger than 1 yr. and less than 20 lbs. in a rear-facing child seat; 6 through 10 yrs. (eff. 7/1/04) $ 10 1 through 5 yrs. (eff. 7/1/04) K a n s a s 3 yrs. and younger 4 through 13 yrs. $ 20 K e n t u c k y 40 in. or less not permissible $ 50 L o u i s i a n a younger than 1 yr. or less than 20 lbs. in a child safety seat 6 through 12 yrs. or greater than 60 lbs. $ 50 1 through 3 yrs. or 20-39 lbs. in a forward-facing child safety seat 4 through 5 yrs. or 40-60 lbs. in a child booster seat (eff. 1/1/04) M a i n e less than 40 lbs. in a child safety seat; 40-80 lbs. and less than 8 yrs. 8 yrs. through 17 yrs. or less than 18 yrs. $ 500 in a safety system that elevates the child so that an adult seatbelt fits properly and more than 4'7" ( 11 yrs. and younger and less than 100 lbs. must be in rear seat if available) M a r y l a n d 5 yrs. and younger or 40 lbs. or less 8 6 yrs. and more than 40 lbs. through 15 yrs. $ 25 M a s s a c h u s e t t s 4 yrs. and younger or 40 lbs. and less 5 through 11 yrs. $ 25 M i c h i g a n 3 yrs. and younger not permissible $ 10 M i n n e s o t a 3 yrs. and younger not permissible $ 50 M i s s i s s i p p i 3 yrs. and younger not permissible $ 25 M i s s o u r i 3 yrs. and younger not permissible $ 25 M o n t a n a younger than 6 yrs. and less than 60 lbs. not permissible $ 100 N e b r a s k a 5 yrs. and younger 6 through 17 yrs. 4 $ 25 1 N e v a d a 5 yrs. and younger and 60 lbs. or less (eff. 6/1/04) not permissible $ 100 New Hampshire 5 yrs. and younger and less than 55" (eff. 1/1/04) 6 through 17 yrs. or less than 18 yrs. $ 25 and more than 55" (eff. 1/1/04) New Jersey 7 yrs. and younger and less than 80 lbs. seated in rear seat if available not permissible $ 25 New Mexico younger than 1 yr. in a rear-facing infant seat, seated 5 through 17 yrs. $ 25 in the rear seat if available; 1 through 4 yrs. or less than 40 lbs. New Yo r k 3 yrs. and younger in all seats 4 through 15 yrs. $ 100 1 North Carolina 4 yrs. and younger and less than 40 lbs. 6 5 through 15 yrs. $ 25 1 North Dakota 3 yrs. and younger 4 through 17 yrs. n o n e 1 O h i o 3 yrs. and younger or less than 40 lbs. not permissible $ 100 1 O k l a h o m a 5 yrs. and younger 2 6 through 12 yrs. $ 10 O r e g o n 3 yrs. and younger and 40 lbs. or less in a child safety seat; 6 through 15 yrs. and 60+ lbs. $ 75 4 through 5 yrs. or 40-60 lbs. in a safety system that elevates the child so that an adult seatbelt fits properly P e n n s y l v a n i a 7 yrs. and younger 4 not permissible $ 100 Rhode Island 6 yrs. and younger and less than 54" and less than 80 lbs. 6 yrs. and younger and 54+" and 80+ lbs. $ 50 children 6 yrs. and younger must be in rear seat if available South Carolina younger than 1 yr. or less than 20 lbs. in a rear-facing infant seat; 1 through 5 yrs. and 80+ lbs. OR any child $ 25 1 through 5 yrs. and 20-39 lbs. in a forward-facing child safety seat; 5 yrs. and younger if the child's knees bend 1 through 5 yrs. and 40-80 lbs. in a booster seat secured by lap- over the seat edge when sitting up straight shoulder belt -- lap belt alone is impermissible with his/her back firmly against the seat back children 5 yrs. and younger must be in rear seat if available South Dakota 4 yrs. and younger and less than 40 lbs. 5 through 17 yrs.; all children 40+ lbs., $ 20 regardless of age Te n n e s s e e younger than 1 yr. or 20 lbs. or less in a rear-facing infant seat; 1 through 9 through 15 yrs. OR 12 yrs. and younger $ 50 4 3 yrs. and 20+ lbs. in a forward-facing infant seat; 4 through 8 yrs. and and 5' or more (eff. 7/1/04) less than 5' in a booster seat (eff. 7/1/04) children 8 yrs. and younger and less than 5' must be in rear seat if available (eff. 7/1/04) Te x a s 3 yrs. and younger or less than 36 in. not permissible $ 200 U t a h 4 yrs. and younger 5 through 15 yrs. $ 45 Ve r m o n t younger than 1 yr. or less than 20 lbs. in a rear-facing infant seat; 8 through 15 yrs. and more than 20 lbs. (eff. 1/1/04) $ 25 2 through 7 and more than 20 lbs. (eff. 1/1/04) Vi rg i n i a 5 yrs. and younger 6 through 15 yrs. 9 $ 50 Wa s h i n g t o n younger than 1 yr. or less than 20 lbs. in a rear-facing infant seat 6 through 15 or 60+ lbs. $ 86 1 through 3 yrs. or 20-39 lbs. In a forward-facing child safety seat 4 through 5 yrs. or 40-60 lbs in a booster seat 6 $ 86 West Vi rg i n i a 3 yrs. and younger or less than 40 lbs. 4 through 8 yrs. or 40+ lbs. $ 20 Wi s c o n s i n 3 yrs. and younger 4 through 7 yrs. $ 75 Wy o m i n g 8 yrs. and younger and 80 lbs. or less, must be in rear seat if available not permissible $ 50 THE FACTS According to the National Highway Traffic Safety Administration, child safety seats are the most effective occupant protection devices used in motor vehicles t o d a y. If used correctly, they are 71 perc e n t effective in reducing fatalities in children under the age of 5, and 69 percent effective in reducing the need for hospitalization. In Indiana, children age 3 and younger must be in a child-restraint seat. Failure to abide by the child-restraint provisions can result in a maximum fine of $25 for the driver of the v e h i c l e. National Highway Traffic Safety Administration 1997

M O T O R C YCLE HELMET LAW S STATE BY STATE HELMET LAWS IN INDIANA A person who is less than 18 years of age and is operating or riding on a motorc ycle on the streets or highways, must wear pro t e c- t i ve headgear. This individual must also wear pro t e c t i ve glasses, goggles, or a transp a rent face shield. Helmets are about 29 percent effective in preventing motorcycle deaths and about 67 percent effective in preventing brain injuries. An unhelmeted rider is 40 percent more likely to suffer a fatal head injury, compared with a helmeted rider. Per mile driven, a motorcyclist is 16 times more likely to die in a crash than an automobile driver. Wearing a m o t o rcycle helmet reduces that risk by 29 perc e n t. National Highway Traffic Safety A d m i n i s t r a t i o n State Helmet Laws Alabama Alaska Arizona Arkansas California Colorado none Connecticut Delaware 18 yrs. and younger District of Columbia Florida Georgia Hawaii Idaho Illinois none Indiana Iowa none Kansas Kentucky Louisiana Maine 14 yrs. and younger Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire none New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming 18 yrs. and younger Insurance Institute for Highway Safety

I N D I A N A S SPEED LIMIT LAW S THE FAC TS ABOUT SPE E D I N G Since the federal government gave individual states the power to set their own speed limits, all states except for Hawaii have passed measures to increase speed limits. Ac c o rding to the National Highway Tr a f f i c Safety Administration (NHTSA), speed is a factor in 31 percent of all fatal crashes, killing an average of 1,000 Americans daily. The Insurance Institute for Highway Sa f e t y (IIHS) found that the states where speed limits we re raised to 65 mph in 1987, have experienced 15-20 percent more deaths on rural interstates each ye a r. In these states, a p p roximately 400 lives are lost each ye a r because of the higher limits. The odds of dying or being seriously injure d in a car crash double for eve ry10 mph a driver drives over 50 mph. Also, the ability of seat belts, airbags and child safety seats to p rotect occupants in a crash decreases as the rate of speed incre a s e s. INDIANA MAXIMUM SPEED LIMITS 15 miles per hour in an alley 30 miles per hour in an urban district 55 miles per hours on a highway on the national system located inside an urbanized area with a population of at least fifty thousand ( 5 0, 0 0 0 ) the maximum if not otherwise posted on secondary roads 65 miles per hour on a highway on the national system located outside of an urbanized area with a population of at least fifty thousand (50,000) 60 miles per hour for a vehicle (other than a bus) having declared gross weight greater than twenty-six thousand (26,000) pounds on a highway Indiana State Police Sp e e d - related crashes cost society nearly $29 billion each year according to NHSTA. INDIANA MOV E - OVER LAW Indiana law now re q u i res motorists who are a p p roaching an emergency vehicle stopped on the shoulder with its lights flashing to change lanes away from that emergency vehicle - if it can be done safely - or to at least slow dow n.

I N D I A N A S SAFETY BELT LAW S SAFETY BELT USE IN INDIANA In Indiana, drivers and front-seat passengers must wear their seat belts. C h i l d ren age 16 and under must we a r their seat belts no matter where they a re sitting in the vehicle. The state has a primary seat belt law, meaning that law enforcement officers may stop and ticket a driver for being unbelted. Dr i vers and passengers who violate the law face a maximum $25 fine. Ac c o rding to the Indiana Cr i m i n a l Justice Institute, the weighted usage rate for front-seat occupants (driver and o u t b o a rd passenger-not center position) of all passenger vehicles (ove r a l l usage rate) increased from 67.4 perc e n t in September 2001, to 72.2 perc e n t during the 2002 survey period. This a l l passenger ve h i c l e usage rate established a new high for Indiana. The passenger car usage rate (or 78.2 percent) also e xceeded the previously high rate of 76.0 percent reached in 2001. SAFETY BELT USE IN THE U.S. Re s e a rch has found that a lap/shoulder belt, when used pro p e r l y, re d u c e s the risk of fatal injury to fro n t - s e a t passenger-car occupants by 45 percent and the risk of moderate-to-critical injury by 50 percent. For light t ruck occupants, seat belts reduce the risk of fatal injury by 60 percent and moderate-to-critical injury by 65 p e rc e n t. In 2000, belt use nationwide was 71 p e rcent. National Highway Traffic Safety Ad m i n i s t ra t i o n We all pay for those who do not we a r seat belts. The higher health care and insurance costs that result fro m unbelted drivers and passengers i n vo l ved in crashes get passed along to eve ryone. For example, the cost of hospital care for an unbelted drive r a re 50 percent higher that those for a d r i ver who was wearing a safety belt. Society bears 85 percent of those costs, not the individuals invo l ved. Buckle Up America 1996 According to the National Highway Traffic Safety Administration, seat belts are the most effective means of reducing fatalities and serious injuries when traffic crashes occur and are estimated to save 9,500 lives in America each year. Increasing seat belt usage is still the single most effective thing we can do to save lives and reduce injuries on A m e r i c a s roadways. In fact, if just 85 percent of A m e r i c a n s buckled up, we would prevent more than 4,100 additional deaths and 102,000 additional injuries annually. National Highway Traffic Safety A d m i n i s t r a t i o n A study released by the Air Ba g Safety Campaign showed that ove r 80 percent of children passengers we re buckled up when adults we re wearing seat belts, but when the adults we re not wearing seat belts, the percentage of children pro p e r l y s e c u red by restraints ranged from 11 p e rcent to 56 percent. In s u rance In f o rmation In s t i t u t e

SAFETY BELT LAWS BY STAT E S A F E T Y B E LT USE LAW S I n i t i a l S t a t e E ffective date Standard enforcement? Who is covered? In what seats? Maximum fine Damages reduced 1st off e n s e for nonuse? A l a b a m a 7 / 18 / 91 yes; effective 12/9/99 6+ yrs. in front seat $ 25 n o A l a s k a 9 / 12 / 90 n o 16+ yrs. in all seats $ 15 y e s A r i z o n a 1 / 1 / 91 n o 5+ yrs. in front seat;5 through 15 in all seats $ 10 y e s A r k a n s a s 7 / 15 / 91 n o 15+ yrs. in front seat $ 25 1, 2 n o C a l i f o r n i a 1 / 1 / 86 yes; effective 1/1/93 16+ yrs. in all seats $ 20 n o C o l o r a d o 7 / 1 / 87 n o 16+ yrs. in front seat $ 15 y e s 3 C o n n e c t i c u t 1 / 1 / 86 y e s 4+ yrs. in front seat $ 15 n o D e l a w a r e 1 / 1 / 92 yes; effective 6/30/03 16+ yrs. in all seats $ 25 n o District of Columbia 12 / 12 / 85 yes; effective 10/1/97 16+ yrs. in all seats $ 50 1 n o F l o r i d a 7 / 1 / 86 n o 6+ yrs. in front seat; 6 through 17 yrs. in all seats $ 30 y e s G e o rg i a 9 / 1 / 88 yes; effective 7/1/96 6 through 17 yrs. in all seats; 18+ yrs. in front seat $ 15 4 n o H a w a i i 12 / 16 / 85 y e s 4 through 17 yrs. in all seats; 18+ yrs. in front seat $ 45 n o I d a h o 7 / 1 / 86 n o 4+ yrs. in all seats $ 25 n o I l l i n o i s 1 / 1 / 88 yes; effective 7/3/03 6+ yrs. in front seat; all in all seats if driver is $ 25 n o younger than 18 yrs. I n d i a n a 7 / 1 / 87 yes; effective 7/1/98 16+ yrs. in front seat $ 25 n o I o w a 7 / 1 / 86 y e s 11+ yrs. in front seat $ 10 y e s 3 K a n s a s 7 / 1 / 86 n o 14+ yrs. in front seat $ 10 n o K e n t u c k y 7 / 15 / 94 no more than 40 in. in all seats $ 25 n o L o u i s i a n a 7 / 1 / 86 yes; effective 9/1/95 13+ yrs. in front seat $ 25 n o M a i n e 12 / 26 / 95 n o 18+ yrs. in all seats $ 50 n o M a r y l a n d 7 / 1 / 86 yes; effective 10/1/97 16+ yrs. in front seat $ 25 n o M a s s a c h u s e t t s 2 / 1 / 94 n o 12+ yrs. in all seats $ 25 4 n o M i c h i g a n 7 / 1 / 85 yes; effective 4/1/2000 4+ yrs. in front seat; 4 through 15 yrs. in all seats $ 25 y e s 3 M i n n e s o t a 8 / 1 / 86 n o all in front seat; 3 through 10 yrs. in all seats $ 25 n o M i s s i s s i p p i 7 / 1 / 94 no (yes for children <8) 4 through 7 yrs. in all seats/8+ yrs. in front seat $ 25 n o M i s s o u r i 9 / 28 / 85 no (yes for children <16) 4+ yrs. in front seat; 4 through 15 yrs. in all seats $ 10 y e s 3 M o n t a n a 10 / 1 / 87 n o 6+ yrs. in all seats $ 20 n o N e b r a s k a 1 / 1 / 93 n o 18+ yrs. in front seat $ 25 y e s 3 N e v a d a 7 / 1 / 87 n o 5+ yrs. in all seats $ 25 n o New Hampshire n / a no law no law no law n o New Jersey 3 / 1 / 85 yes; effective 5/1/2000 7 yrs. and younger and more than 80 lbs.; 8 through $ 20 y e s 17 in all seats; 18+ in front seat New Mexico 1 / 1 / 86 y e s 18+ yrs. in all seats $ 25 1 n o New Yo r k 12 / 1 / 84 y e s 16+ yrs. in all seats $ 50 1 y e s North Carolina 10 / 1 / 85 y e s 16+ yrs. in front seat $ 25 n o North Dakota 7 / 14 / 94 n o 18+ yrs. in front seat $ 20 y e s O h i o 5 / 6 / 86 n o 4+ yrs. in front seat $30 driver/$20 passenger y e s O k l a h o m a 2 / 1 / 87 yes; effective 11 / 1 / 97 all in front seat $ 20 n o O r e g o n 12 / 7 / 90 y e s 16+ yrs. in all seats $ 75 y e s P e n n s y l v a n i a 11 / 23 / 87 n o 8 through 17 yrs. in all seats; 18+ yrs. in front seat $ 10 n o Rhode Island 6 / 18 / 91 no (yes for children <13) 7+ yrs. in all seats $ 57 n o South Carolina 7 / 1 / 89 no (yes for children <18 yrs.) 5 6+ yrs. in front seat; 6+ yrs.in rear seat with shoulder belt $ 10 n o South Dakota 1 / 1 / 95 n o 5+ yrs. in front seat $ 20 n o Te n n e s s e e 4 / 21 / 86 yes; 7/1/2004 4+ yrs. in front seat $ 10 n o Te x a s 9 / 1 / 85 y e s 4 through 16 yrs. in all seats; 17+ yrs. in front seat $ 200 n o U t a h 4 / 28 / 86 no (yes for children <19 yrs.) 16+ yrs. in all seats $ 45 n o Ve r m o n t 1 / 1 / 94 n o 16+ yrs. in all seats (eff. 1/1/04) $25 (eff.1/1/04) n o Vi rg i n i a 1 / 1 / 88 n o 16+ yrs. in front seat $ 25 n o Wa s h i n g t o n 6 / 11 / 86 yes; 7/1/2002 all in all seats $ 37 n o West Vi rg i n i a 9 / 1 / 93 n o 9+ yrs. in front seat; 9 through 17 yrs. in all seats $ 25 y e s 3 Wi s c o n s i n 12 / 1 / 87 n o 4+ yrs. in front seat; 4 through 15 yrs. in $ 10 y e s 3 rear seat with shoulder belt Wy o m i n g 6 / 8 / 89 n o 5+ yrs. in all seats $ 25 2 driver/$10 passenger n o

I N D I A N A S COMPA R ATIVE NEGLIGENCE LAW THE WAY IT WAS Prior to Ja n u a ry 1, 1985, Indiana had a contributory negligence law. Under that statute, if a driver was in any way at fault in an accident, he or she could not re c over damage from the other drive r. Ex a m p l e s : a) The plaintiff was entitled to re c over only in the following situation: Plaintiff (0% at fault) vs. Defendant (100% at fault) b) Plaintiff was barred from re c overing in the following situation: Plaintiff (1% at fault) vs. Defendant (99% at fault) INDIANA S CURRENT POLICY Since then, Indiana has been operating under what is often re f e r red to as the less than or equal to form of c o m p a r a t i ve negligence. Under this form, damages may be re c ove red by a negligent plaintiff who is less at fault than the defendant or as equal in fault as the defendant. Howe ve r, a plaintiff may not re c over if his perc e n t a g e of fault exceeds the percentage of fault assigned to the defendant. Ex a m p l e s : (a) A plaintiff would be entitled to re c over in the following situations: Plaintiff vs. De f e n d a n t (49% at fault) (51% at fault) Plaintiff is entitled to re c over 51% of his damages. Pl a i n t i f f v s. De f e n d a n t (50% at fault) (50% at fault) Plaintiff is entitled to re c over 50% of his damages. Note, howe ve r, that in this situation the defendant would be entitled to re c over 50% for any damages he suffered from the plaintiff in a counter-suit. (b) A plaintiff would be barred from any re c ove ry in the following situation: Pl a i n t i f f v s. De f e n d a n t (51% at fault) (49% at fault) Plaintiff is barred from any re c ove ry due to the fact his percentage of fault exceeds 50%. Howe ve r, the defendant would be entitled to re c over 51% of any damages he suffere d f rom the plaintiff in a counter-suit. C o m p a ra t i ve Negligence St a t u t e, Indiana In s u rance Companies

I N D I A N A S POINT SYSTEM THE PURPOSE The point system was established as an o b j e c t i ve method of identifying the driver in need of improving his or her driving habits. It was also brought up to provide guidelines for restricting or suspending the drive r s license or permit. POINTS CHARGED FOR TRAFFIC VIOLATIONS Description Point Value Motorcycle Equipment Violation 2 Failure to Signal 2 Wrong Way on a One-way Road 4 Failure to Dim Bright Lights 4 Child Restraint Violation 4 Disregarding Traffic Control Signal 4 Improper Passing to the Left 4 Failure to Yield 6 Reckless Driving 6 Passing of School Bus When Arm Signal Out 6 Disregarding Police Officer Directing Traffic 6 Following too Closely 6 Speed Contest on Streets or Highways 8 Miscellaneous Speeding Violations: Excessive speed not indicated 2 1 to 15 MPH in excess of limit 2 16 to 25 MPH in excess of limit 4 over 25 MPH in excess of limit 6 Indiana Bureau of Motor Vehicles POINT ACCUMULATION A driver accumulating any of the following number of active points is placed on probation for 6 months. 1) Twelve (12) points accumulated over a 24 consecutive month period by a driver over 18 years of age. 2) Ten (10) points accumulated over a 24 consecutive month period by a driver under 18 years of age 3) Eight (8) points accumulated over one y ear by a driver who hold a motorcycle learner s permit *Points remain active for 24 months after the court disposition date