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Community: Removing Your Vehicle from the Roadway after Property Damage Crash Will be Law Once Again

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Removing Your Vehicle from the Roadway after Property Damage Crash Will be Law Once Again

Indianapolis, IN- A law that had been on the Indiana books as a misdemeanor, and was inadvertently removed, has been reinstated as a class “C” infraction.

Beginning July 1st, 2016, IC 9-26-1-1.2 is added to the Indiana Code as a new section and states, “If, after an operator of a motor vehicle is involved in an accident, the operator’s motor vehicle comes to a stop in the traveled portion of the highway, the operator shall, as soon as safely possible, move the motor vehicle off the traveled portion of the highway and to a location as close to the accident as possible. However, the operator of the motor vehicle shall not move the motor vehicle if the accident involves the transportation of hazardous materials or results in the injury or death of a person or the entrapment of a person in a vehicle.” The previous law only applied to interstate highways. The reinstated law applies to all government maintained roadways.

The intent of the law is to safely remove traffic hazards from the roadway so as to reduce secondary crashes, especially on multi lane highways, that are often more severe and result in more injuries than the original crash. Also, this law ensures that motorists have statutory backing when they move their vehicles. Many times insurance companies tell their clients not to move their vehicle after it has been involved in a crash, even if it’s only a property damage crash, until law enforcement arrives.

Information from IN-Time, Indiana’s Traffic Incident Management Effort, states that for every minute that a freeway travel is blocked during a peak travel period, four minutes of travel delay results after the incident is cleared. Their statistics reveal the following:

 

  • Crashes that result from other incidents (secondary) are estimated to be 22% of all crashes.
  • Chances of a secondary crash increase by 2.8% for each minute the primary incident is not cleared.
  • These secondary crashes are estimated to cause 18% of deaths on freeways.
  • In 2008, 21% on Indiana’s crashes showed vehicles “slowed or stopped” in traffic, secondary crash.

Past records indicate neither a ticket nor arrest was issued while the law was a misdemeanor and authorities do not anticipate tickets being issued under the reinstated law, except in rare circumstances.

“Our intent is to educate the public that if they are involved in a property damage crash, they have a statutory requirement to remove their vehicles from the roadway,” stated Indiana State Police Superintendent Doug Carter. “The Indiana State Police will utilize traditional media and social media to inform the public of this reinstated law which is designed to remove hazards and keep traffic moving safely on Indiana highways.”

Included below is the reinstated statue IC- 9-26-1-1.2.

SECTION 2. IC 9-26-1-1.2 IS ADDED TO THE INDIANA CODE

AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY

1, 2016]: Sec. 1.2. (a) If, after an operator of a motor vehicle is

involved in an accident, the operator’s motor vehicle comes to a

stop in the traveled portion of a highway, the operator shall, as

soon as safely possible, move the motor vehicle off the traveled

portion of the highway and to a location as close to the accident as

possible. However, the operator shall not move the motor vehicle

if the accident:

(1) involves the transportation of hazardous materials; or

(2) results in injury or death of a person or the entrapment of

a person in a vehicle.

A person who violates this subsection commits a Class C infraction.

 

 

Task force debates putting pre-conviction filings online

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Scott Roberts for www.theindianalawyer.com

The Indiana Supreme Court’s Advisory Task Force on Remote Access to and Privacy of Electronic Court Records voted Friday to recommend attorneys and clients have access online to all criminal case filings they are party to after the conviction has been entered, but did not set a date for when that would be available.

The task force also voted to allow online access to motions for all civil collection, civil tort, mortgage foreclosure, civil plenary and small claims court orders. At a previous meeting, the task force voted to put all appellate pleadings and motions online starting July 1, but this vote covers motions in all cases, including trial courts, in those categories. There was also no date set for when all motions would be put online.

Earlier Friday, Indiana Supreme Court Chief Justice Loretta Rush sent out a letter to all attorneys in Indiana reminding them that filings in appellate courts would need to be e-filed beginning July 1, and also encouraging them to view the timeline at courts.in.gov/efile to see when voluntary e-filing and mandatory e-filing will be required in all of Indiana’s counties. The goal is for all the entire state to be e-filing all cases by the end of 2018.

The task force decided that providing online access to attorneys and clients involved in criminal proceedings once the conviction has been filed was not a problem for anyone and would indeed make things a lot easier for both parties. A registration process would need to be created.

The results of an online access survey were discussed, which polled attorneys about which categories of cases they would not mind being online. Thirty categories, including all criminal cases, were listed as a general consensus for those orders being online, but only the five orders mentioned above were voted on and approved. Other categories will be voted on at the next two meetings, July 29 and Sept. 3.

There was a lot of debate over whether to put pre-conviction filings in criminal cases online, with many members giving the pros and cons. Hoosier State Press Association Executive Director and General Counsel Steve Key encouraged transparency, and Indiana University Maurer School of Law professor Fred Cate said this was “the heart of the matter” on making things public. However, members also expressed concern, noting those filings could be used for nefarious means and would damage the reputation of someone forever if a person’s name appeared online in pre-conviction filings and he or she wasn’t convicted of a crime. There were also concerns about motions to suppress and how that would work.

Two Vehicle Crash on SR 62 Claims the Life of Evansville Woman Updated Information – Driver and Passenger Identified

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Two Vehicle Crash on SR 62 Claims the Life of Evansville Woman

Updated Information – Driver and Passenger Identified

Vanderburgh County – This afternoon at approximately 2:56 p.m., Indiana State Police and Vanderburgh County Sheriff’s Department responded to a two vehicle crash on SR 62 at Posey County Line Road that killed a 71-year-old Evansville woman.

Preliminary investigation revealed Charles Rainey, 69, of Springville, TN, was driving a 2006 Chevrolet Malibu south on Posey County Line Road approaching SR 62. Ethan Harms, 18, of Mt. Vernon, was driving a 2015 GMC pickup truck east on SR 62 approaching Posey County Line Road. Rainey failed to yield the right of way and pulled into the path of Harms’ vehicle. The pickup truck struck the Chevrolet Malibu on the passenger side. Rainey was taken to Deaconess Hospital where he is currently being treated for serious injuries. Rainey’s passenger, Pamela Miles, 71, of Evansville, was pronounced dead at the scene. Ethan Harms was taken to Deaconess Hospital where he was treated for minor injuries.

Deceased:
• Pamela Miles, 71, Evansville, IN

OTTERS SLAM THE SLAMMERS

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 The Evansville Otters crushed the Joliet Slammers by a score of 14-2 on the first Thirsty Thursday of the season at Bosse Field. Remarkably, Joliet jumped out to an early lead in the first inning when the Slammers mustered an RBI single following a throwing error. After that brief moment it was all Otters offensively as the team pounded out four hits in the second, with three being extra base, to take a commanding 5-1 lead. Evansville would continue to relentlessly reach base in the third when five Otters were able to reach safely and increase the lead to 8-1. Joliet scored their final run in the fourth following a solo shot. However, the Otters would not stop the beat down as the team added two more runs behind back-to-back doubles to take a 10-2 lead. Mercifully, Evansville would end their scoring rampage following a three-run outburst in the seventh. The Otters offense was led by Rolando Gomez and Nik Balog, who each went 3-4 on the night. Gomez muscled up to connect on a no-doubt two-run homerun in the second and Balog would hit multiple doubles in the second and fourth innings.

Next on the schedule, Evansville will begin a three-game road series tomorrow against the Washington Wild Things. They will return to Bosse Field next Wednesday, June 8th, for a double-header against the Normal Cornbelters. Tickets are on sale and may be obtained online or by calling (812) 435-8686.

Vanderburgh County Recent Booking Records

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http://www.vanderburghsheriff.com/recent-booking-records.aspx

IS IT TRUE JUNE 3, 2016

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IS IT TRUE we are very surprised to find out that Deaconess Hospital admits to filing 20,000 collections proceedings in the past five years? …that they now say that their procedure for debt collection is changing?… the change came about because of investigative reporting by NPR and Pro Publica concerning seizing wages of low income patients rather than having them seek government assistance to pay? … the main focus of the investigative newspaper article was St. Joseph’s Hospital in Missouri, but we were taken aback that Evansville Deaconess was cited by name in the articles?…that Deaconess admits to having filed more suits than St Joseph’s?

IS IT TRUE  the City County Observer recently reported that it’s been alleged that the CEO’S of both Deaconess and St Mary’s Hospitals are earning well over $1.6  million dollars per year (not including benefits)?  …in the attached article a  reference was made  in 2015 that Deaconess Hospital CEO, Linda White was paid $1.74 million dollars.

IS IT TRUE we wonder who are member of the St. Mary’s and the Deaconess Hospitals Board of Directors who set the guidelines to how the CEO”S should run the financial activities of both not-for profit?

IS IT TRUE we encourage you to click the attached link to read that Deaconess Hospital admitted to filing 20,000 collections proceedings in the past five years?  …we also know you’ll find comments by a St. Mary’s spokes person in this article interesting?   …we believe once you read the attached (link) article you will  most likely ask the question how the working poor of this community can pay medical collection proceedings and also pay for food, housing, children schooling, house insurance and auto expensive and etc.?

IS IT TRUE this is a developing story because we would like to know why it seems like our local not-for-profits hospitals have lost their sight on the “christian mission” to help the poor?

http://www.truthdig.com/report/item/nonprofit_hospital_stops_suing_poor_patients_will_others_follow_201160602

FOOTNOTES: Our next “IS IT TRUE” will be posted on this coming Monday?

Todays READERS POLL question is:   Do you feel that our local not-for-profits hospitals have lost their sight on the “christian mission” to help the poor?

Please take time and read our newest feature articles entitled “HOT JOBS” and “LOCAL SPORTS” posted in our sections.

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Curt John Is Winner of Our “Readers Poll”

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We are amazed at the results of our non-scientific but trendy “Readers Poll”. The person our readers selected as the most effective President of City Council was a man who has been gone from the local political scene for the past five years, Curt John.

Mr. John was a well-known name, from his politically connected family, his years as a UE basketball star,  and his past public service. We understand why people call Mr. John the “Dean of local Politics.“

We did find a common thread among the job performance of the top finishers, Curt John,  John Friend CPA , Dr. Dan Adams and Connie Robinson. All  of them presided over City Council meetings that were often contentious, but they did the People’s business in a way that showed respect for their constituents. People who came to meetings were always given a reasonable opportunity to ask questions and share their opinions. City Council meetings sometimes dragged on for hours, but people were heard.

Like many of our readers, we long for the good old days when dissent and diverse points of view were heard, even welcomed, at City Council meetings. Doing the work of the taxpayers isn’t pretty sometimes and it isn’t over with quickly, It seems that our current Council and its leadership just want to do the bidding of the Winnecke political machine, under the alias of “being collaborative”, before anybody knows, what hit them, In less than an hour some of our current “Collaborative Council” members adjourns to Haynie’s Corner for libations and interested taxpayers can go home and watch TV.

We wonder if the dismal ratings of BJ Watts and Keith Jarboe,  are not due, at least in part, to the condescending attitudes they sometimes displayed toward speakers who came before them.

The current President of the City Council, Missy Mosby may go down in history as the least popular occupant of that seat.  Her constant texting during meetings, adamant refusal to really listen to citizens, and shocking lack of familiarity with Roberts’ Rules are big minuses for her.  The decision-making process behind her hiring of a Republican as City Council attorney who lives in Warrick County has left a lot of Democrats mystified, too.

Bottom line,  it looks like our readers miss the strong leadership and collaborative style of past City Council member Curt John!

Justices Rule Ed Martin Toyota Can Relocate To Hamilton County

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Justices Rule Ed Martin Toyota Can Relocate To Hamilton County

Scott Roberts for www.theindianalawyer.com

Three central Indiana Toyota dealers lost their battle to stop a fourth from moving into their vicinity as the Indiana Supreme Court ruled Thursday they did not have standing to stop the move from happening.

In a unanimous decision written by Justice Mark Massa, the court affirmed an Auto Dealer Services Division decision as well as the trial court, both which ruled the three Hamilton County dealers, Andy Mohr Toyota, Butler Toyota and Tom Wood Toyota, did not have standing to protest a move by Ed Martin Toyota into Hamilton County from Madison County.

The case hinged on the interpretation of Indiana Code 9-32-2-20, which defines the relevant marketing area for which dealers can protest moves. The statute defines the area as either a six- or 10-mile area depending on the type of dealer entering it. The area is six miles for a new motor vehicle dealer who is moving to a county of more than 100,000 people, such as Hamilton County, but 10 miles for a proposed new motor vehicle dealer or a new motor vehicle dealer moving to a county of less than 100,000 people. Butler is seven miles away from the proposed site for Ed Martin Toyota, and Tom Wood and Andy Mohr are 16 and 24 miles away respectively.

The Auto Dealer Services Division ruled that the dealerships lack standing because they were more than six miles away from the site, so the dealers turned to court. The trial court upheld the division’s ruling, but the Court of Appeals reversed and remanded it, saying the division’s interpretation of the statute was not reasonable. The COA found Ed Martin was a proposed dealer and thus will fall under the 10-mile radius.

Massa wrote relocating dealers do not fit into the portion of the statute regarding proposed dealers because proposed means just new dealers, and not existing ones. The court justifies this by noting the word “relocate” does not appear in the proposed dealer portion, and it does in the two other portions regarding population. Also, since all relocating dealers fit into the portions regarding population, there’s no need to include them in the portion regarding proposed dealers.

The dealers urged the Supreme Court to take another view, relying on the definition of proposed in another statute to interpret this one, but “By exclusively relying on the use of the word ‘proposed’ in another statutory section, ‘proposed’ is rendered meaningless in this Statute,” Massa wrote.

“The Statute reflects a legislative determination that relocating more than six miles away from another dealership in a densely populated area will not have such a negative effect on the market to allow incumbent dealers to stifle competition through the protest procedure,” Massa wrote. “Of course, if the legislature meant something different, it is free to more precisely reflect its intention by revising the Statute.”

The case is Andy Mohr West D/B/A Andy Mohr Toyota, Butler Motors Inc. D/B/A Butler Toyota and TW Toy, Inc. D/B/A Tom Wood Toyota v. Office of the Indiana Secretary of State, Auto Dealer Services Division and Carol Mihalik, in her representative capacity as securities commissioner of the auto dealer services division and Toyota Motor Sales U.S.A., Inc., 49S02-1511-PL-668.

CLINTONS CAMPAIGN

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The Arts Council Announces Winners of the Mayor’s Arts Awards at Upcoming Press Conference

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The Arts Council of Southwestern Indiana will announce the winner of the 2016 Mayor’s Art Award and 7 other arts awards at a 10:00am press conference on June 16th, 2016. The award winners will have an opportunity to speak about the work that they have done for the arts in the community. Mayor Lloyd Winnecke will be present to announce the prestigious Mayor’s Art Award winner. The press conference will take place at the Bower-Suhrheinrich Foundation Gallery, located inside the Arts Council of Southwestern Indiana at 318 Main Street in downtown Evansville.

The Arts Council’s annual Mayor’s Arts Awards honor individuals, groups, and institutions that have made significant contributions to the advancement of the arts in Evansville and the surrounding counties. The winners will be honored at the Mayor’s Arts Awards gala on Thursday, August 18th, 2016 at 6pm.

To keep updated with the Mayor’s Arts Awards, visit artswin.org. Tickets will be available to the public following the scheduled press conference

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