AG Hill says extended stop arms are OK for school buses
Indiana’s attorney general says the state’s school districts are free to use extended stop arms to prevent other vehicles from passing school buses.
Transportation
Articles
Justices reverse, reinstate truck ‘glider kit’ wrongful death case
When does a component-part manufacturer owe no duty, as a matter of law, to install safety features that an injured party alleges are necessary? Indiana Supreme Court justices answered that question Monday, reversing judgment previously entered for a national motor company on a defective design claim after a man was crushed by a semi that had no rearview safety features.
Justices: Trucking contract jurisdiction dispute may yield new rules
The Indiana Supreme Court affirmed the dismissal of a Hoosier trucking company’s amended complaint regarding a clause in a driver’s contract, although it found error with the dismissal’s basis on lack of personal jurisdiction. Justices also said this case will prompt consideration of rules so litigants can move to enforce contractual forum-selection clauses.
Judgment for INDOT upheld in fatal crash litigation
Even though the Indiana Department of Transportation declined to install a traffic signal at a Tippecanoe County intersection where a deadly crash later occurred, the Indiana Court of Appeals has upheld summary judgment for the department, finding it was immune from liability under the Indiana Tort Claims Act.
Motorists seek damages from Indiana due to I-69 potholes
Dozens of drivers have filed tort claims seeking money from the state of Indiana after their cars were damaged while driving on a 15-mile, pothole-riddled section of Interstate 69.
Seriously injured truck driver’s suit against Celadon reinstated
A semi-truck driver who was seriously injured after the contents of his trailer fell on him upon opening the door after transport won partial judgment against the trucking company responsible for loading the trailer when an appellate panel found the company owed him a duty of care.
Scooter bill zips through Statehouse, but not yet to Holcomb
Hoosiers statewide may be able to scoot alongside other modes of transportation now that a bill aimed at regulating electronic scooter use has zipped through both Houses of the the Indiana General Assembly.
SCOTUS: Alaska moose-hunter can ‘rev up’ hovercraft
The National Park Service improperly banned an Alaska moose hunter from using a hovercraft on a river through a national preserve, the U.S. Supreme Court ruled Tuesday in a unanimous decision.
Teenager hit by train gets no relief in appeal to 7th Circuit
A 17-year-old who was found to be more than 50 percent at fault for the injuries he sustained from running in front of a moving train was unable to convince the 7th Circuit Court of Appeals that he had no warning the locomotive was coming down the tracks.
1 case settled in Missouri duck boat sinking that killed 17
The company that owned a tourist boat that sank in a Missouri lake and killed 17 people has reached a settlement with relatives of two brothers who were among the victims.
Indiana Senate backs tougher law on passing stopped buses
Indiana drivers could face tougher penalties for passing stopped school buses under a bill advancing in the Legislature.
House approves bill to lift light-rail ban in central Indiana
A bill that would end the prohibition on light-rail construction in Marion and six other central Indiana counties passed the Indiana House on Tuesday.
Justices: Drive-away driver properly classified as contractor
A “middleman” business that matches drivers with customers needing drive-away services properly classified one of its drivers as an independent contractor instead of an employee, the Indiana Supreme Court ruled in an opinion meant to resolve a conflict between two lower court rulings.
Thornburg & Wiser: On pre-emption of claims against freight brokers, shippers
The viability of theories of liability for shippers, freight brokers and other parties in the distribution chain in trucking accident litigation is now being tested across the country.
Feary & Cohen: Changes might affect transportation independent contractors
The “gig” economy has brought increased attention to the use and meaning of independent contractors in America. With increased focus comes a change in how states attempt to define the work status of independent contractors, and if paternal protections should be offered to such workers.
David & English: Is police body cam video admissible in transportation litigation?
Police body-worn camera footage is becoming more prevalent in transportation personal injury lawsuits, but there are some key considerations regarding admissibility.
Bill proposes notice for trains blocking crossings 10 minutes
After the Indiana Supreme Court struck down a state law allowing railroads to be fined for lengthy blockages of train crossings, legislation filed in the 2019 General Assembly seeks another avenue of relief for Hoosier motorists held up by trains, especially motorists driving emergency responders.
Truckers sue the state for increased toll road fees
A group of truck drivers is suing Indiana Gov. Eric Holcomb for the increases in toll road fees that took effect last year along the 157-mile Indiana Toll Road across the northernmost counties of the state.
Indiana mom backing tougher bus law after children’s deaths
The mother of three children struck and killed while crossing a northern Indiana highway to board their school bus supports legislation for tougher penalties against drivers who pass buses with extended stop arms.
Justices to hear arguments in murder, jurisdiction cases
The Indiana Supreme Court is set to hear argument in several cases this week, including a man’s post-conviction appeal of his three separate sentences for murder in Floyd County.