Deadly Accidents Involving Emergency Vehicles in Indiana and Illinois
Emergency vehicles rushing along the roadways of Illinois and Indiana with flashing lights and piercing sirens are vital as they respond to critical public safety dangers, like fires or accidents. Lives can be at stake as first responders rush to help in emergency situations like car crash victims with serious or life-threatening injuries, or spreading fires that are endangering people and property.
Other drivers understand the need to give way to these emergency vehicles as they hurry to where they are needed. State laws in both Indiana and Illinois allow these responders to drive in excess of the posted speed limits and to push through intersections without stopping for red lights or stop signs.
The legal privileges and protections granted to an emergency vehicle also extend to the roadway itself as the responders are at work dealing with an event. Drivers are legally mandated to “move over” and slow down when coming in contact with an emergency vehicle positioned on the roadsides of Illinois and Indiana.
Illinois “Move Over” Law
In 2002, “Scott’s Law” became effective in the State of Illinois, requiring motorists to slow down and when possible, to move over to the side of the roadway to allow any emergency vehicle with its lights flashing to pass. This law was amended in 2017 to include “moving over” for any pulled-over motor vehicle with its flashers operating. In Illinois, drivers are required to “move over” for emergency vehicles as well as semi-trucks or cars that display flashing emergency lights.
Illinois’ “Scott’s Law” (625 ILCS 5/11-907(c)) is named after Lt. Scott Gillen of the Chicago Fire Department, who died in an emergency responder accident on the Bishop Ford Freeway in 2000.
Indiana “Move Over” Law
Indiana also has statutes that require drivers to “move over” when an emergency vehicle is approaching. However, Indiana’s “Move Over” laws (IC 9-21-8-35) only mandate turning over the right-of-way and moving over for specific emergency vehicles, defined as:
- Police vehicles
- Ambulances
- Fire trucks and rescue equipment
- Incident-response vehicles such as Hoosier Helpers
- Highway maintenance vehicles
- Utility service vehicles
- Vehicle recovery equipment such as tow trucks
- Garbage trucks.
Hoosiers are not required to “move over” for non-emergency vehicles (e.g., semi-trucks) with flashing emergency lights. The Indiana Department of Transportation suggests that “…drivers should also always be courteous to those who are broken down on the shoulder. Give them room so that they can safely repair their vehicles. Be a courteous driver and help prevent tragedy.”
Priority Given to Emergency Vehicles in Indiana and Illinois
In both states, the emergency vehicle is given priority on the roads. When approaching on the roadway with sirens and/or lights, other drivers are to (1) yield the right-of-way; (2) get as close to the edge or curb of the roadway as soon as they can do so; and (3) stop until the emergency vehicle has passed.
Drivers approaching an emergency vehicle stopped on the side of the roadway with sirens and/or lights are to (1) move into a traffic lane that is not adjacent to the emergency vehicle as soon as possible; (2) slow down to a very slow speed (e.g., 10 mph in Indiana), and (3) proceed with due caution for the emergency.
Fatality Risk Increases 500% for Emergency Vehicles
We all know that time is of the essence in these situations. Emergency vehicles in route need to get to their destination as soon as they can. Emergency responders on the side of the road are also performing important tasks of public service and safety.
Sadly, statistics show that motor vehicle accidents where a fire truck, ambulance, or police car has been involved are much more likely to result in death than other types of collisions. There is an unacceptable high risk of fatality where an emergency vehicle is involved.
Specifically, studies show that the likelihood of someone perishing in an accident is almost 500% higher when an emergency vehicle is involved.
For more, read “First Responder Vehicle Crashes Higher Than the National Average,” written by Colin Fluxman and published by SunNews on June 10, 2020.
Why Does the Danger of Death Skyrocket In Emergency Vehicle Accidents?
Fatal emergency vehicle accidents are horrific tragedies. Why is there such a high risk of fatality when a fire truck, ambulance, police car, or other emergency vehicle is involved?
Other Drivers on the Road
One reason involves the other drivers on the roads with the emergency vehicles. Historically, drivers have been lax in obeying state laws giving the priority to emergency vehicles and yielding the right-of-way. Read, “Indiana Troopers: Many Don’t Obey ‘Move Over’ Law,” published by the Emergency Responder Safety Institute on April 12, 2008.
Factors Involving the Emergency Vehicle
Other factors involve the emergency vehicle itself. Researchers have found that:
- the drivers of emergency vehicles may engage in risky behavior as they operate the vehicle;
- the emergency vehicle driver may be distracted while driving;
- in-vehicle driver assistance technologies may contribute to a crash or accident; and
- many emergency vehicle accidents are the result of the emergency vehicle running a red light.
For details, read: Hsiao, Hongwei, Joonho Chang, and Peter Simeonov. “Preventing emergency vehicle crashes: status and challenges of human factors issues.” Human factors 60.7 (2018): 1048-1072.
Victims of a Deadly Accident Involving an Emergency Vehicle in Indiana or Illinois
First responders in Indiana and Illinois and those who drive emergency vehicles on our roadways are to be respected for their dedication to helping others. Ambulance drivers, EMTs, firefighters, and members of law enforcement are in long-respected lines of work.
However, alongside their job duties comes a duty to respond to emergencies in a safe and prudent manner. Statistics reporting a 500% greater chance of a fatality when an emergency vehicle is involved in an accident warn us that not only are there far too many emergency vehicle accidents as a whole, but that a great many of these fatalities are the result of preventable and avoidable accidents.
For victims of an emergency vehicle accident in Indiana or Illinois, including responders themselves, state laws may provide avenues for justice if their injuries were the result of another driver’s failure to obey state “move over” laws; if they were caused by a failure in the duty of care by the emergency vehicle’s driver (risky behavior; distractions; etc.); or if fault lies with the on-board technologies in the vehicle itself.
If you or a loved one have been injured or killed in an emergency vehicle accident involving an ambulance, fire truck, police car, or other type of emergency vehicle as that is defined by state law, then it is important for you to investigate your particular circumstance to learn if state negligence precedent, defective product laws, or workers’ compensation statutes may apply to your situation. Please be careful out there!
