Wednesday, May 24, 2023

Can Trucks Drive in the Left Lane in Indiana?

According to the Indiana Code, semi-trucks cannot drive in the left lane of a highway unless they are passing a slower car, entering or exiting a highway, or avoiding a hazard. This law aims to protect other drivers on the road and reduce the chance of truck crashes.

With this law in mind, what happens if you sustain injuries from a semi-truck driving in the left lane?

Why Was the Indiana Left Lane Law Enacted?

The primary reason lawmakers banned truck drivers from driving outside of the far right lane in most circumstances is simple. Commercial trucks create havoc when they drive in the left lane for long periods.

Getting around trucks in the left lane is more difficult, and they can obstruct visibility. In some cases, they might prevent emergency responders from reaching crash victims in time. Having this law in place reduces the chances of a truck accident occurring.

Are There Any Exceptions for Trucks Driving in the Left Lane?

The Indiana law barring trucks from driving in the left lane lists a few exceptions to this rule, including:

  • Passing slower vehicles – Semi-trucks have the right to move to the left lane to pass a slower vehicle. However, they should return to the right lane as quickly and safely as possible.
  • Entering or exiting a highway – Some highway exits and entrances are on the left side of the road. In these cases, there’s no way for a truck to leave or enter a highway without leaving the right lane. The law allows commercial trucks to drive in the left lane to exit or enter a highway when needed.
  • Hazards – If there is a hazard on the road and the only way for the truck to avoid it is to drive in the left lane, truck drivers can move their vehicles to that lane.

What Are Some of the Dangers of a Truck Driving in the Left Lane?

Lawmakers recognized the potential dangers of having semi-trucks in the left lane of a highway and passed a law specifically to prevent that from happening. Some of the risks that come with semi-trucks driving in the left lane include:

  • Reduced visibility – Semi-trucks in the left lane can block the view for other drivers. This makes it difficult to see traffic conditions ahead, increasing the risk of collisions.
  • Difficulty passing – When semi-trucks drive in the left lane, it can be harder for faster-moving vehicles to pass safely. This may lead to risky maneuvers, impatience, or frustration.
  • Merging challenges – Semi-trucks in the left lane can create complications for vehicles entering the highway. As drivers struggle to find a safe space to enter the flow of traffic, it increases the potential for accidents.
  • Increased stopping distance – Semi-trucks require a longer distance to stop compared to smaller vehicles. Driving in the left lane may not provide enough space for them to stop safely in case of sudden traffic changes, leading to rear-end collisions.
  • Slower emergency response – With semi-trucks occupying the left lane, emergency vehicles may face difficulties maneuvering through traffic. This obstacle can delay their response times and put injured individuals at risk.
  • Driver fatigue – Truck drivers may experience fatigue from long hours on the road. Truckers must remain more alert to navigate faster-moving traffic, increasing the likelihood of accidents. Driving in the left lane can exacerbate this issue.
  • Limited escape routes – In case of an emergency or sudden traffic change, having a semi-truck in the left lane can limit the options for other drivers to maneuver safely out of harm’s way.

What Are the Fines for a Truck Driving in the Left Lane?

According to state officials, truckers who drive in the left lane commit a Class C infraction. The penalties include a fine of up to $500 plus court costs.

If a trucker hits someone while driving in the left lane and the victim sustains a bodily injury, the trucker commits a Class A infraction. The penalties for a Class A infraction include fines of up to $10,000 and a two-year driver’s license suspension.

What Should I Do If I Am Hurt in a Truck Accident in Indiana?

After you’ve called 911 and made sure everyone’s safe, here are steps to take to prepare for your claim for compensation for your injuries from a truck driving in the left lane:

  • Document the scene – Take photos or videos of the accident scene, including the truck, your vehicle, and any other vehicles involved. This documentation is often helpful for insurance claims and potential legal proceedings.
  • Gather information – Exchange contact and insurance information with the truck driver and any other parties involved in the accident. Obtain the truck driver’s license number, the truck’s license plate number, and the trucking company’s name.
  • Seek medical attention – Even if you do not feel severely injured, it is essential to seek medical attention as soon as possible. Some injuries might not be immediately apparent, and early documentation is crucial for insurance claims or legal cases.
  • Notify your insurance company – Contact your insurance company to report the accident and begin the claims process. Provide them with the necessary information and documentation you collected at the scene.
  • Keep records – Maintain a file with all relevant documents, including medical records, repair estimates, and any correspondence with insurance companies or other parties involved.
  • Consult an attorney – Consult with a personal injury attorney experienced in truck accidents. They can help you through the legal process and work to get you appropriate compensation for your injuries and losses.

If I Am Hurt by a Truck Driver Violating the Left Lane Law, Who Can I Sue?

Depending on the circumstances of the crash, the potentially liable parties for a truck accident in the left lane may include:

  • The truck driver
  • The trucking company
  • The truck’s manufacturer
  • Truck maintenance workers
  • Other drivers

An Indiana truck accident attorney can tell you more about who might bear responsibility for your injuries and how much compensation you could recover for your injuries.

Contact an Indiana Truck Accident Lawyer

If you’ve suffered injuries in an Indiana truck accident caused by a trucker driving in the left lane, you need an experienced and aggressive attorney to help you recover the money you need. Call Truitt Law Offices today or visit our contact page for a free consultation.

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What Is the Indiana Move Over Law?

Road workers, emergency responders, and others are highly vulnerable to accidents when stopped on the side of the road. Because of this, Indiana law requires drivers to slow down and move over when approaching a stationary car or emergency vehicle. 

Indiana’s Move Over Law exists to protect drivers, road workers, and emergency responders. Unfortunately, many Indiana drivers are either unaware of this law or choose to ignore it – and road workers and emergency responders are often the ones who pay the price.

Why Was the Move Over Law Enacted?

Indiana and other states have implemented Move Over laws in response to many safety concerns related to emergency responders, police officers, and others who use the roads. Some of the dangers the Move Over Law was designed to address include:

  • Enhancing roadside safety – Lawmakers implemented the Move Over Law to protect emergency responders, law enforcement officers, and other roadside workers by reducing the risk of accidents while they attend to emergencies or perform their duties.
  • Reducing collision risks – The Indiana Move Over Law and others like it aim to minimize the risk of collisions with emergency personnel, tow trucks, or maintenance workers by requiring motorists to change lanes or slow down when approaching a stopped vehicle with flashing lights.
  • Helping traffic flow – By mandating that drivers move over or slow down for emergency and service vehicles, the Move Over Law helps maintain a steady traffic flow. It reduces the risk of traffic jams caused by drivers slowing down to gawk at roadside incidents.
  • Encouraging driver awareness – Move Over laws raise awareness among motorists about the importance of maintaining a safe distance from emergency personnel and being vigilant when approaching stopped vehicles with flashing lights.
  • Protecting the general public – By reducing the risk of accidents involving emergency and other service vehicles, these laws help keep roads safer for all drivers, passengers, and pedestrians.
  • Reducing fatalities and injuries – Studies have shown that Move Over laws have contributed to reducing the number of deaths and injuries among emergency personnel, law enforcement officers, and other roadside workers.
  • Complying with national standards – Many states have implemented Move Over laws in response to the Federal Highway Administration’s (FHWA) recommendations and guidelines, encouraging states to adopt such laws to improve roadway safety.

Are There Finer Points to the Law?

While the basic idea of the Indiana Move Over Law is simple enough to grasp, there are some finer points drivers should know about. Some of the law’s key points include:

  • Drivers should yield the right-of-way and move to the right lane when they see an emergency vehicle behind them with flashing lights. If possible, drivers should stop parallel to the right curb until the emergency vehicle passes them.
  • If drivers cannot safely move over to the left lane when approaching someone stopped on the right side of the road, they should reduce their speed to 10 mph below the posted speed limit.
  • The Move Over Law doesn’t just apply to emergency or utility vehicles. Drivers should either move over or slow down if they see a garbage truck or construction vehicle stopped in the right lane. Pay particular attention if the stationary vehicle has flashing amber lights.

Is There a Fine for Failing to Move Over?

The penalties for violating Indiana’s Move Over Law depend on the circumstances of the case. In general, breaking this law is a Class A infraction if you’re approaching a stationary emergency vehicle. It’s typically a Class B infraction if you’re approaching a utility, construction, or similar vehicle. The penalties for a Class A infraction include up to $10,000 in fines and a two-year driver’s license suspension, while the penalties for a Class B infraction include a fine of up to $1,000.

However, violating the Move Over Law is a Level 6 felony if a driver causes a severe injury or death due to their actions. The penalties for a Level 6 felony are much harsher and include up to 2.5 years in prison, along with a fine of up to $10,000.

If I Move Over, Should I Come to a Stop?

You should move over and stop for emergency vehicles behind you as long as it’s safe and you wouldn’t block traffic. However, you should not stop if you move to avoid someone stopped on the side of the road. Stopping in these circumstances is likely to cause a collision.

If I Violate the Move Over Law, Can My Insurance Rates Go Up?

Any traffic violation could cause your auto insurance premiums to increase, even if you didn’t cause any injuries through your actions. Every insurance company and auto policy is different, though. Some insurers are more forgiving of traffic violations than others, especially if you didn’t injure anyone. If you’re worried about how violating the Move Over Law will affect your premiums, talk to your insurance company or a knowledgeable attorney.

Contact an Indiana Car Accident Lawyer

Although Indiana’s Move Over Law and others like it are meant to keep everyone safe, drivers still break the law and cause severe injuries. If you sustained injuries in a car accident that wasn’t your fault, the Indiana personal injury lawyers at Truitt Law Offices can defend your rights and help you secure fair compensation for your injuries.

We have more than 40 years of experience handling personal injury cases – and those are the only cases we take on. We have a track record of obtaining excellent results for accident victims, and our good work has garnered us recognition from the Million Dollar Advocates Forum. We’ve also been named to the National Trial Lawyers Top 100 firms and have more than 100 five-star ratings on Google.

Let us put our skills and experience to work for you. Call us today or visit our contact page for a free case review.

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Wednesday, May 3, 2023

What is the Dram Shop Act in Indiana?

If you get hurt in an alcohol-related accident in Indiana, the Dram Shop Act allows you to hold certain parties responsible besides the intoxicated person. In some cases, you could have claims against the drunk person who hurt you and other parties that sold or served them alcohol before the crash.

A knowledgeable lawyer from Truitt Law Offices can help you seek compensation after a drunk driving accident by identifying all negligent parties, including businesses that supplied alcohol to the at-fault driver. Our legal team has been helping Indiana individuals and families recover from severe injuries and devastating losses for over 40 years. We know DUI accidents can result in life-changing injuries. Our job is to hold every responsible party accountable for what happened to you.

To learn more about your legal options, please read on or contact our firm for a free initial consultation.

Does the Dram Shop Law Apply Only to Businesses That Serve Alcohol?

No. The Indiana Dram Shop Act applies to any party that serves alcohol, whether a private individual or a commercial establishment. Under the Act, anyone who knowingly provides alcohol to an intoxicated person can be held responsible if the drunk person causes an accident that injures or kills another.

Potentially liable parties under the Dram Shop Act include those who own or control restaurants, liquor stores, bars, or convenience stores that sell alcohol. People who serve alcohol to others at private events, such as at company gatherings or a dinner party at home, may be liable according to Indiana dram shop laws.

To hold an alcohol vendor or server liable in a dram shop liability claim, you must show they knew (or should have known) the person who harmed you was intoxicated at the time of sale or service. You can do so by showing there was visible evidence of intoxication, such as bloodshot eyes, slurred speech, unsteady walking, or the smell of alcohol on the breath.

Are There Certain Elements That Need to Be Proven for a Dram Shop Law Claim?

Yes. You must prove two key elements for a successful dram shop claim in Indiana. First, you must show that the establishment or social host knowingly furnished alcohol to a visibly intoxicated person. Then you’ll need to prove that the intoxication of the person who was given the alcohol contributed to your injuries.

Let’s say a host of a house party sees someone is intoxicated yet continues to serve them alcoholic beverages. After leaving the party, the guest causes a drunk driving accident that injures someone else. In that case, you would need to prove the host knew their guest was dangerously drunk when serving them and that the guest’s intoxication was a proximate cause of your injuries.

Can the Intoxicated Person Also File a Dram Shop Law Claim?

No. If someone 21 or older gets hurt while voluntarily intoxicated, they cannot bring a claim against the social host or commercial establishment that served them. Similarly, if a voluntarily intoxicated adult dies after being served alcohol, their surviving dependents, personal representative, and heirs are prohibited from filing dram shop liability claims.

Can I File Both a Personal Injury Claim and a Dram Shop Liability Claim?

Yes. You can file a personal injury claim against a drunk individual who hurts you in a DUI accident. You can also file a claim under the Dram Shop Act against an individual or establishment that provided the alcohol to the individual who harmed you.

To bring a successful claim under the Dram Shop Act, you must establish that the individual that supplied the alcohol — whether a bartender at a restaurant or the host of a dinner party — served the drunk person even though they were visibly intoxicated. You also need to prove that the other person’s preventable and dangerous level of intoxication directly contributed to your injuries.

Here’s a real-world example: John joins his friends for happy hour at a bar after work. During that time, the bartender serves him 10 cocktails, even though John is staggering around and slurring his words. Later, John drives home and causes a drunk driving accident that injures Ashley. In that case, Ashley could file a personal injury claim directly against John and a dram shop lawsuit against that bar that overserved him.

Because you must satisfy certain elements to have a valid claim under the Dram Shop Act, you should always work with a trusted lawyer who can analyze the circumstances of the accident and develop your case. Your attorney will gather compelling evidence by reviewing police reports, obtaining toxicology test results, and speaking to witnesses who saw you get hurt.

Is There a Time Limit for Filing a Dram Shop Law Lawsuit?

Dram shop liability lawsuits are subject to a two-year time limit. The clock starts running on the date of the accident. If you try to file your claim after the deadline, you lose the right to compensation altogether. Two years might sound like plenty of time, but it takes time to investigate the specifics of your case, gather and preserve evidence, interview witnesses, and prepare a lawsuit. The sooner you consult a dram shop lawyer in Indiana, the more time they’ll have to fine-tune your case and demand full and fair compensation for your losses.

Contact an Indiana Car Accident Lawyer

If you got hurt in a DUI accident or another incident involving a dangerously intoxicated individual, the Indiana injury lawyers at Truitt Law Offices are here to help you fight for maximum compensation from the responsible party(s). We will examine every aspect of your situation and determine whether the Dram Shop Act applies to you.

You deserve accountability from the drunk driver and the people who enabled them. Contact us today to speak with a skilled car accident lawyer.

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