Traffic deaths are increasing at a scary rate, reaching more than 46,000 in 2021, according to a report from the National Safety Council. Speed related deaths made up approximately 1/3 of all the fatalities. Now is not the time to encourage people to drive even faster. And yet, some in the Indiana House of Representatives might seem to disagree.
Rep. Ben Smaltz authored House Bill 1308 which would raise speed limits to 75mph on some stretches of highway in Indiana. Representatives on the Roads and Transportation Committee debated the bill on Jan. 23, 2024. No action was taken to move the bill out of committee on Tuesday. Instead, the committee recommended that Smaltz ask the Legislative Council for a study committee to review the issue. As a personal injury attorney who has seen too many of my clients seriously injured or killed due to unsafe speeds, I think it is crucial to caution lawmakers against passing HB 1308.
Increasing Speed Limits Historically Has Resulted in More Crashes and More Deaths
History and data have consistently shown that higher speed limits contribute to an increase in the frequency of accidents. Faster speeds reduce the reaction time available to drivers, leading to a surge in rear-end collisions, side-impact crashes, and other types of accidents that often result in serious injuries or fatalities. In Michigan, when legislators raised the maximum speed limit from 70 mph to 75 mph, crash data showed that the number of crashes rose by 17% from the year before, and fatal crashes on the highways where speed limits were increased rose by 63% from the year before.
If statistics from other states don’t convince anyone, consider instead that Increasing the maximum speed limit on Indiana highways makes less sense after realizing that the last time that Indiana raised maximum speed limits in 2006 (from 65 mph to 70 mph) the Indianapolis Star reported that traffic fatalities on the highways whose maximum speed limit was raised increased by over 40% from the year before. There is no credible reason as to why legislators shouldn’t expect the same increase in fatalities when increasing the maximum speed limit from 70 to 75 mph.
Lack of Planning
Speed limits are not arbitrary figures but carefully determined thresholds aimed at balancing the efficiency of transportation with the safety of road users. Striking this delicate balance is essential for preventing accidents and minimizing the severity of injuries in the event of a collision. The Indiana Department of Transportation (INDOT) understands this balance more than any other organization in Indiana, because INDOT generally sets speed limits in Indiana. Moreover, INDOT opposes this bill. An INDOT official cautioned against the speed limit increase: “It may be a 5 mile per hour increase in speed, but it’s also a 5 mile per hour squared times the mass of the vehicle when considering the crash impact,” says Andrea Zimmerman. “Greatly decreasing safety outcomes and increasing the likelihood of severe injury and fatality.”
Besides safety outcomes from speed, there is concern that Indiana infrastructure is not equipped for a 75 mile an hour speed limit. Highways speed limits are normally set by engineering studies which determine if drivers can safely drive at the speed set, which is normally set at the speed at which the 85th percentile of drivers travel across the road. INDOT also uses other factors such as roadway features, like curves, and lane width to determine the speed limit on a road. Hence, an automatic five mph increase to the maximum speed limit is irresponsible without this study.
Rep. Smaltz tried to allay concerns of infrastructure fitness by stating that recent infusions in Indiana infrastructure spending means that Indiana highways are more than prepared for an increase in speed limit. There is no data to support that an increase in highway spending means that highways will suddenly be topographically safe for a higher speed limit with an engineering study, and it is categorically irresponsible to have put forth this proposal without an engineering study to back up these claims.
Higher Speed Limits Means Drivers Will Speed More
The human element remains a critical factor in road safety. Despite technological advancements, human reaction times and the limitations of perception and judgment underscore the need for speed limits that align with the inherent capabilities of drivers. The bottom line is that if highways speed limits increase, drivers will increase their speed even more. A Purdue University study concluded that the average driving speed for roads with a 65 mph speed limit was 74 mph and that the average driving speed for roads with a 70 mph speed limit was 78 mph. This shows that drivers will increase their speeds above the speed limit regardless of what the speed limit is and in direct opposition to their safety. Raising the speed limit will not cause drivers to obey the speed limit, it instead just raises what the driver’s ideal speed limit range is. Hence, the least that can be done is to keep speed limits lower so that a driver’s reference of what is the safe speed limit is lower.
A National Traffic Highway Safety Administration survey reported that most drivers do not consider speeding 10mph over the speed limit to be particularly wrong, meaning that most drivers would not consider driving at 85 mph in a 75 mph zone wrong. Even if the speed limit was increased by 10 mph, the study found that 38% of drivers would still drive faster than the speed limit on highways. In fact when analyzing data on Arizona highways with a 75 mph speed limit, 49% of drivers were still driving above the speed limit. An Insurance Institute for Highway Safety report determined that rising speed limits over the past 25 years have cost nearly 37,000 lives.
Increasing Differential Limits Results in More Accidents
HB 1308 would only raise speed limits to 75 mph for vehicles under 26,000 pounds. While this element of the bill is well meaning in terms of safety, the inclusion of this passage could end up causing more accidents than if the speed limit of trucks were increased. The maximum speed limit for large trucks in the state is currently 65 miles per hour, meaning that there would be a difference of 10 mph between the maximum speed limits for large trucks and that of conventional motor vehicles. A Federal Highway Administration report shows that a lower speed limit for trucks does get trucks to drive slower, making the roads safer. However, states with a 10mph difference between big trucks and cars do tend to cause more crashes from cars running into semis, in comparison with states with a 5mph difference in the speed limit. A 10mph difference might cause cars to act more dangerously around trucks as cars might become frustrated with the slower semis, which causes drivers to swerve around the slower big trucks.
The greater speed differential between big trucks and cars will cause more interactions between cars and trucks and would increase congestion on the roadways. In regards to a similar bill that would increase the maximum set speed limit for New Mexico to 75 mph, while big trucks would be limited to 65 mph, Mike Matousek, the Owner-Operator Independent Drivers Association manager of government affairs opposed the bill, stating that, “ultimately, [differential speed limit increases] create more interactions between cars and trucks, which leads to dangerous passing, aggressive driving, and an increase in the number of accidents.”
Conversely, this does not mean that maximum big truck speed limits should be increased as increasing the maximum speed limit for big trucks has historically caused more accidents. A study published by the American Journal of Public Health predicted that if Indiana were to change the maximum speed limit for all vehicles to 75% the percentage killed by truck crashes would increase by over 9%.
Pedestrian Crashes Would Be Worse
Elevated speed limits pose an even greater threat to pedestrians, cyclists, and other vulnerable road users. The severity of injuries sustained in accidents involving higher speeds is disproportionately higher, underscoring the need for cautious speed regulations to protect all road users. For example, a Swedish report by Autoliv Research analyzed pedestrian crashes at high speeds, asserting that the likelihood a pedestrian will die if hit increases exponentially as the driver’s speed increases. Moreover, the study concluded that if a pedestrian is hit by a vehicle at 120 km/hr (74.6 mph), the likelihood that a pedestrian would die is almost 100%. The state can’t afford to risk more pedestrian fatalities on the roadway.
Craig, Kelley, & Faultless was recently hired to represent a couple whose car had broken down on the shoulder of I-69 when they were hit by a semi going at an unsafe speed. The wife was inside the vehicle, while the husband had arrived with his van and was on the shoulder trying to jump start his wife’s vehicle when they were hit. The semi driver claimed he was driving at 60 mph, but witnesses stated he was going at least 75 mph. It was a miracle my clients survived, but the wife had a facial fracture and leg fractures and blood loss anemia, while the husband had a traumatic brain injury and his left leg had to be amputated. The husband also had a fractured neck and was put in a medically induced coma and is now in a wheelchair for life. This was a horrific case that deeply affected me. Indiana’s maximum speed limits should not increase as drivers already travel at dangerous speeds on our highways without thinking about the possible effects that driving at such hazardous speeds can cause.
Raising Speed Limits Doesn’t Necessarily Mean a Faster Commute
Traffic conditions have evolved over the years, with increased congestion and diverse modes of transportation sharing the road. The existing speed limits are designed to accommodate these changing dynamics and reduce the likelihood of accidents. Obviously, no one wants to be stuck in car-to-car traffic all the way through their commute. So, it makes sense then to raise speed limit maximums so drivers can get to their destination quicker. However, some of the worst traffic jams occur from drivers traveling too quickly for traffic around them, which causes drivers to constantly be braking and accelerating, even when there is no real reason for the hold up.
Drivers tend to overestimate the time saved by speeding. If someone drove through the Indiana Toll Road from Ohio to Illinois going at 75mph compared to 70 mph, it would only save the driver 9 minutes. However, it would exponentially increase the risk of danger. Drivers overestimate the time saved but underestimate the possibility of a deadly crash at top speeds. Nevertheless, crashes on highways with higher speed limits can result in much worse injuries and can involve several vehicles at once. It takes longer and uses more resources to clear out a crash at higher speeds, leading to worse congestion on the roadway while waiting for the crash to clear. Many crashes at high speeds are caused by drivers going too fast and not being aware of imminent slowdowns, causing horrific rear end crashes.
Contrary to the belief that higher speed limits alleviate traffic congestion, studies suggest that incremental increases may not significantly improve overall traffic flow. In fact, increased speeds can lead to more frequent braking and acceleration, contributing to stop-and-go traffic patterns. In fact, the evidence supports that lowering speed limits reduces commute time.
Alternative Solutions
If Congress wants to make traffic go faster on the rural highways, instead of increasing speed limits and expecting no negative effects to come from a speed limit increase, they should instead focus on decreasing the number of crashes and fatalities on Indiana’s rural highways. Wrecks on rural highways can affect many cars in one crash, due to the high rate of speed. Wrecks on rural highways also cause long back ups that can leave the interstate moving slower than Allisonville Rd. during rush hour. Instead of raising the speed limits, I humbly offer some of my own suggestions to decrease the number of wrecks and congestion on these highways.
Variable speed limits use real time traffic data on delays and road conditions to determine the maximum speed for that set of road at that particular time of day. Variable speed limits give drivers more heads up that traffic is slowed down up ahead instead of expecting drivers to traveling at the maximum speed limit to be able to react and brake without enough time to stop. Variable speed limits traditionally are introduced in stretches of roadways with construction work zones and areas with high crash rates. The signs are usually placed every half a mile for an up to 15 mile stretch of road. When there is no congestion, speeds will be the normal 70 mph speed limit, but when there is congestion up ahead, speed limits could be lowered to warn drivers.
Another strategy to decrease highway accidents is outfitting emergency vehicles and construction zones with Haas alerts. Some car industry entrepreneurs have, with the help of AI, developed a technology that allows for cars to be alerted to upcoming accidents or slow down. These alerts pop up on a driver’s dash or screen without driver’s having to sign up for the alerts. Haas is one of these companies. Haas sells their product to governments so that motorists are alerted 30 seconds prior to an approaching emergency vehicle, allowing cars plenty of time to move out of the way for ambulances. In a study of the Hass system conducted by Purdue University, emergency braking systems were found to decrease hard braking by over 80%. In a demo program of the HAAS system in Pittsburgh, ambulance drivers using HAAS decreased the number of crashes involving ambulance drivers yearly from 30 down to 0. Like mentioned previously, this technology can also be outfitted to construction zones so that when cars are approaching a construction zone, they will see a notification on their dashboard or GPS app telling them that a construction zone is up ahead.
Implementing these technologies across Indiana would be a much better way to decrease congestion on the roads than a speed limit increase without evidence supporting that Indiana’s roads are prepared for the higher speeds and that increasing the speed limit wouldn’t increase the amount of crashes or roadway deaths. The current speed limits should be upheld, probably even lowered to make our roads safer. Raising the speed limits is a dangerous idea that will end in more crashes and more fatalities. I hereby implore Indiana Congress to consider very carefully the potential consequences that will result from HB 1308. Let us not accelerate towards a future fraught with preventable accidents but rather take a collective stand for a safer and more responsible approach to Indiana speed limits.
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