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Dead Red Law Passes in Indiana

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Injury Attorneys | Restoring LivesTM

Updated May 29, 2019 |

Motorcycles, mopeds, and bicycle oftentimes aren’t heavy enough to trigger traffic signals. When the traffic signal isn’t triggered, it leaves the rider with the choice of either disregarding the signal or waiting for a car to pull up behind them and get on the scale.

What the Dead Red Law Means

In 2014, Indiana became the sixteenth state to pass the Dead Red law. The Dead Read statute is found at Indiana Code § 9-21-3-7(b)(3)(D). It applies only to motorcycles, motorized bicycles, motor scooters, and bicycles. For these operators, the statute effectively transforms a stop light into a stop sign with a waiting period.

This is not to say, however, that these operators are given a free pass to go through a red light with impunity after waiting one hundred and twenty seconds. The statute requires the operators to exercise due care as provided by law in deciding whether it is safe to move past the red light. Therefore, they must still follow the rules of the road and keep a lookout for oncoming traffic possessing the right of way.

Benefits of the Dead Red Law

Jon Noyes, WKW attorney, described the benefits of the Dead Red law: “Honestly, this statute seems like a simple and effective response to one of the technological deficiencies of our traffic system and the growing number of bicyclists on the roads. It provides the operators of motorcycles, motorized bicycles, motor scooters, and bicycles with the legal means to avoid being stuck at a stop light while still requiring them to exercise caution and follow the rules of the road.”

Wilson Kehoe Winingham brings you this information with best regards for you and your family’s safety.

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