Indianapolis, Indiana Personal Injury Law Blog

The Indiana Senate has unanimously passed Bill 274, granting immunity to minors who have been drinking but who call 911 for a friend in trouble. The bill arose out of concern for college students who may need medical attention due to binge drinking, but never receive the necessary care because other minors are too scared to contact emergency authorities. Sen. Randy Head, R-Logansport, worked with student government officials from universities throughout the state to come up with the idea for the bill.

Under the bill, a minor calling 911 is granted immunity from the charges of minor consumption of alcohol and public intoxication as long as the caller cooperates with police and stays with the person needing medical attention. The bill does not grant immunity for drunk driving or relieve anyone from liability from auto accidents.

Sen. Head feels the bill is necessary to ensure the safety of college kids, who do not always make the best choices when it comes to alcohol, but he notes the narrowness of the immunity. "If they're under the influence of a controlled substance or they're driving drunk they could be prosecuted for those things. This is a very limited bill and it's intended to promote a good and sound public policy."

The bill now will move to the state House of Representatives for a vote.

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Just before New Year's Eve, the Indiana Supreme Court released its ruling regarding whether police can pull over a drunk driver based solely on a 911 tip from another driver trying to prevent an auto accident. In a 4-1 decision, the Court overruled the trial court and appellate decision that the police did not have a reasonable suspicion to stop the car.

The facts of the case are simple: a concerned citizen called 911 and told the operator he had been following a blue Volkswagon that was weaving and driving erratically on the road. He willingly gave his name and telephone number, and reported that the car had just pulled into a gas station. Ninety seconds later, police arrived at the gas station and stopped the blue Volkswagon. The female driver had bloodshot eyes, slurred speech and a strong odor of alcohol. She failed three field sobriety tests and was arrested. Her subsequent blood tests shown her BAC was .22, or almost three times the legal limit.

The Indiana Supreme Court looked at the totality of the circumstances, including the time, location, specific vehicle make and color, immediate response by the police and the fact that the tipster gave his name and number. They found that reasonable suspicion existed, based on articulable facts, to stop and briefly detain the driver for investigatory purposes. All drivers in Indiana should be aware that if they make the irresponsible decision to drive while intoxicated, all it takes for their arrest is a simple call by a fellow motorist.

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Smartphones have been receiving a fair amount of blame for the ongoing problem of distracted driving causing car accidents. This has prompted some software designers to seek out ways for users to use their phones to keep them focused on the road. Two new kinds of apps take opposite strategies to solve distracted driving, as one seeks to stop all cell phone use while the other actively encourages it.

One such app that may prove beneficial for parents of teenagers glued to their phones at all times. Sprint offers a service to customers called "Sprint Drive First," and for $2/month, the phone will shut down automatically when it is in a vehicle driving over 10 miles per hour. They also offer an override button, but the use of this override will show up on the phone bill. Another company is offering a similar type of app called CellControl, which is available to download for any service provider.

The other new kind of app is called iOnRoad, and it takes a completely different approach to cell phone use and distracted driving. This app claims to turn the cell phone into a safety tool whereby the user attaches the phone to the windshield while driving. The phone will then offer collision warnings, send out alerts if the car drifts into other lanes or gets too close to other vehicles, and will read aloud text messages when received. The app won an innovation award at the 2012 Consumer Electronics Show and offers a more proactive solution for drivers unwilling to completely shut down their phones while driving 

Usually, when transportation agencies or research groups speak of distracted driving, they are referring to cell phone use and texting. However, there are many situations which have the potential to distract a driver and cause a car accident, including but not limited to eating or drinking in the car, passenger distractions (especially children,) adjusting the radio, or paying too much attention to a sight alongside the road.

The following are tips to minimize those distractions to focus on the road to keep your family, passengers and other motorists safe:

· When traveling with children, have snacks and/or activities ready and available to avoid having to dig around in a bag or in the backseat to keep the kids occupied.

· Stop and sit down for a meal instead of running through the drive-through to appreciate the food, avoid spilling in the car and to keep those hands on the wheel.

· Have a passenger in charge of the GPS system or maps. If there are no passengers in the car, review the map prior to driving to have a good sense of the travel directions.

· If there is a sight to see along the road, pull over and take it in fully.

· Never apply make-up or fix your hair while driving. Trust us, it will look better if done before or after your arrival.

· Always refrain from texting while driving, which is illegal in Indiana. Have a passenger type or just make a pit stop to review and return all text messages (they can wait.)

It may sound simple, but it only takes a split second for a driver who is distracted to cause or be involved in a major auto accident. Protect yourself and your fellow motorists and arrive at your destination safely.

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