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Work zones

By Jeff Terrill

Fort Wayne Reader

2018-01-20

According to the Indiana Department of Labor’s website, three people die each day in the United States in roadway work zones. Approximately 40,000 vehicle crashes occur within these highway work zones annually. The Indiana Department of Transportation found that 14 Hoosiers died and over 400 people were injured in traffic work zones in 2014. Nationally, over 80% of all such fatalities involve drivers and passengers in vehicles – not the work zone employees.

Meet Tim. Tim drives several hundred miles each week. Tim works for a medical laboratory and spends most of his workday retrieving and delivering blood and tissue samples to the lab. Tim is a careful driver. He knows that a speeding ticket could cost him his job.

Several times each week, Tim travels on the interstate. Several miles of the highway are now designated as a work zone. A friend told Tim that the project could take over one year to complete. When Tim is working, he tries to never speed – and he always pays attention to the posted speed limits.

Tim is driving in the work zone stretch of the interstate today. He notices several signs that read, “Speed Limit 45 When Workers Present,” “Road Work Ahead,” “Speed Limit 45 When Flashing,” “Trucks Use Left Lane,” and “Workers Present Ahead.” Tim sees nothing flashing and no workers working – just orange barrels on both sides of the two lanes. Tim is unsure about the speed limit.

Tim keeps his speed under 55 mph for a while. He still doesn’t see any workers. Tim has both hands on his steering wheel. He’s trying to pay attention to his lane of travel while reading the various signs on both sides of the road. Tim sees flashing blue lights behind him. It’s a police car. Tim slows down and finally finds a safe place to pull over his car to the right of some orange barrels.

The officer approaches Tim’s car and informs Tim that he was speeding in a construction zone. The officer advises Tim that the speed limit is 45. The officer tickets Tim for speeding in a construction zone with workers present and explains that the law requires the imposition of a $300 fine for first offenders on top of any other court costs related to the ticket.

The officer goes on to tell Tim that the $300 fine helps to pay for the off-duty police officers’ wages to patrol the work zone areas. Tim politely mentions to the officer that he didn’t see any workers present. The officer informs Tim that all drivers should assume workers are present in a work zone area.

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Jeff Terrill is a partner/shareholder with the law firm of Arnold Terrill Anzini, P.C. Mr. Terrill represents clients accused of crimes throughout northeast Indiana. You can contact Mr. Terrill with any questions or comments at his office at 260.420.7777 or via email at jterrill@fortwaynedefense.com. Learn more about his firm at www.fortwaynedefense.com. This article expressed opinions and observations of the author, is not intended as legal advice and does not create an attorney-client relationship between the author and the reader. Please consult a qualified attorney with any legal questions or issues you might have. Thank you.