• Alcohol involvement- either for the driver or bicyclist- was reported in more than 40% of the traffic crashes that resulted in bicyclist fatalities

• 72% of all bicycle fatalities happened between the hours of 4 am and 8 pm.

• Bicyclists can ride on all roads, except where restricted.

• It is illegal to ride your bike against traffic. Bicyclists should ride on the road, and travel the same direction as traffic.

• Motorists must maintain a distance of 3 feet when passing a bicyclist.

• In most states, a bicycle is considered a “vehicle” and all bike riders must follow and obey the same traffic laws as other vehicles.

If you or someone you know has been injured in a bicycle accident, call Tabor Law Firm to get your questions answered.

At one time it was discussed lowering the hours to 10 instead of 11, but the final ruling stated that there was not enough available crash data to “yield a statistically significant distinction between the crash risk associated with any two adjacent hours of work.”

In response to the backlash of criticism, the FMCSA has announced that they will continue to conduct data analysis to further examine any risks associated with the 11-hour driving time. Once significant data is accumulated, the FMCSA may push to have hours reduced further to 10 driving hours per day.

National Transportation consultants say the 11-hour ruling was an attempt to strike a balance between the American Trucking Association (ATA) who is against shortening hours, and the FMCSA.

At this time, the 11-hour rule remains unchanged.

Residential construction falls account for approximately 29 percent of all construction fall fatalities. Furthermore, Falls from roofs account for 35% of fatalities.

The Fall Protection Standard was recently updated to include more fall protection measures. Now, employers engaged in residential construction six feet or more above lower levels must utilize fall protection measures. This standard requires employers to have a written fall protection plan that must be site specific. A safety monitoring system is now also a requirement.

These new protection standards are important in making work sites safe. At Tabor Law Firm we hope that this recent update will help prevent work site fatalities in the future.

In December, the US Department of Transportation issued long overdue overhauls of rules that are supposed to make sure both pilots and commercial truck drivers are well rested. But are these rules doing enough?

Under old FAA (Federal Aviation Administration) rules, pilots were allowed to work 16-hour days- that leaves only 8 hours for pilots to then commute back home or to a hotel, eat, shower, sleep and then return to work. New rules now require that pilots have at least 10 hours off between shifts, which includes 8 hours for uninterrupted sleep. Furthermore, pilots can now only be on duty for 14 hours a day.

However, these new rules don’t take effect until January 2014. These new rules still won’t solve the problem of fatigued drivers. Many pilots have long commutes to and from work, thus 10 hours between shifts still does not allow for enough sleep for a pilot to get rested before returning to work. The NTSB (National Transportation Security Board) is hoping to get a handle on the problem by additionally requiring airlines to keep records of which pilots commute and from where.

As for trucking, the Federal Motor Carrier Safety Administration has issued new rules offering some new advances including a shorter workweek, and a required 30-minute rest break after eight hours on duty. However, truck drivers are still allowed to drive up to 11 hours a day- even though studies have shown that performance begins to degrade after the 8th hour on duty and declines geometrically during the 10th and 11th hours. (source: USAToday.com)

Although steps were made to prevent over-fatigued pilots & truck drivers from getting behind the wheel, we wonder, is it enough to protect public safety?

Their recommendation followed a hearing on a crash that happened on a Missouri highway on August 5th, 2010, which killed two people and injured 38. The chain reaction crash involving four vehicles, including two school busses, resulted from a teen driver texting behind the wheel. In the 11 minutes before the crash, the teen sent 11 different text messages. It was unclear whether the crash was a result of him sending, receiving or viewing a text, but the clear cause of the accident was distracted driving from the use of a cell phone.

The NTSB is now urging all states to ban any use of a hand held phone while behind the wheel. This recommendation is expected to spur debate amongst lawmakers, but the NTSB stands strong. The use of cell phones while driving is becoming increasingly dangerous.

USA Today has also reported that Indiana was one of five states with the highest increase in road fatalities from 2009 to 2010 following a recent NTSB study. In 2009 there were 693 fatalities on our roadways, while in 2010 we had 754. (source: ntsb.gov)

Tabor Law Firm has handled numerous cases involving fatalities on Indiana roadways, and recently represented a Kosciusko County sheriff who was killed when a distracted truck driver crossed the centerline on State Road 14 due to distracted driving. Investigation suggested that the truck driver was using his cell phone just prior to the accident.

Tabor Law Firm knows the dangers of becoming distracted by a cell phone while driving, and has experienced them first hand. We urge you to be carful on the roadways, and hope you will stress the importance of not using a cell phone while driving to your teenagers this holiday season.

We hope you never need us, but if you do, we’re here for you.

New bicycle lanes also create additional dangers for those biking along these busy streets. Sharing the road with unaware drivers has proven in the past very dangerous for bicyclists. Most recently, Tabor Law represented Brian Brackemyer, who was struck while riding his bike southbound on Brookschool Road when a minivan headed north on Brookschool Road failed to yield the right away while turning left onto East 116th street. As a result of the collision, Mr. Brackemyer sustained serious injuries to his hip, knee, arm and shoulder.

Although the addition of more trails and bicycle lanes is a great step towards a healthier Indiana, Tabor Law urges those using these new trails and bicycle lanes to use extreme caution. Many Indiana motorists are unaware of these added lanes and the precautions necessary to protect themselves and bicyclists on the roads.

If you or someone you know has been injured while riding your bicycle, contact Tabor Law Firm for additional information. We hope you never need us, but if you do, we’re here for you.

This accident serves as a wake up call for Hoosiers preparing to hit the roads for Thanksgiving travel. The increased road traffic during the holiday season creates increased dangers for drivers. With all the holiday gatherings and parties, many adults will be indulging in a glass of wine, or two. Tabor Law urges you to be safe while traveling this holiday season. Keep an eye out for impaired and dangerous drivers, make sure to always have a designated driver, and slow down when there’s moisture on the roads. Remember, although you may be driving safe, not everyone may be as cautious.

Stay safe, and have a happy Thanksgiving.

ICLEF brings hundreds attorneys together each year to provide continued education and law updates to Indiana attorneys on a variety of topics of interest to lawyers.

Tabor Law enjoys conferring with attorneys around the state and stands ready to serve as co counsel on cases. For more information on Roy serving as co counsel on your client’s case, call 1.800.266.7103.

For more information on this event, visit ICLEF.org It’s not too late to register and attend!