The incredible stupidity of riding in the back of a pickup truck remains a major cause of fatalities and serious injuries. Anyone who knowingly rides in the back of a pickup assumes the risk that he may be ejected. Federal standards require that occupant compartments of vehicles be designed to protect occupants during a crash. The beds of pickup trucks are designed to carry cargo, not people. Consequently, the bed of a pickup is not designed to provide protection from an accidental crash. Furthermore, because there are no seat belts or restraints in the bed of a pickup, children and adults can be easily thrown from the vehicle even at low speeds as a result of a sharp turn to avoid an obstacle or because of a bump in the road.
Each state treats the hazards of riding in cargo areas differently. Thirty states and the District of Columbia have passed specific laws designed to protect children from accidental ejection. Other states have seat belt and child restraint laws which may be used to ticket passengers riding in cargo areas such as the bed of a pickup. Even if there is not a specific law prohibiting passengers riding in the back of a pickup, the seat belt laws should be used to prohibit such conduct in order to prevent devastating accidents.
One such accident involved Jason Tripp, age 28. Tripp fell from the bed of a pick up truck in Jacksonville, Florida. The driver of the truck apparently did not realize that Mr. Tripp had fallen out of the truck until 1 mile later. Jason Tripp died from his injuries. In another Jacksonville case, Miranda Zant, 16, died when she was ejected from a pickup truck. Another person also thrown from the pickup was critically injured. Under Florida law, it's illegal for anyone under 18 to ride in the back of pickup trucks unless they are wearing seat belts according to the state Department of Highway Safety and Motor Vehicles.
But a word of caution even in states without specific rules directed toward adult passengers riding in pickup trucks. Even if the passenger is an adult, few pickup trucks have seat belts in the back. Consequently, riders in the bed of the pickup may be in violation of seat belt laws depending upon the state. Kevin Bakewell, a spokesperson for AAA Auto Club South has opined that state laws need to be universally changed to prohibit unsafe practices of carrying people in the back of pickups. Too many people have been hurt by a lack of common sense. For example, in 2008, eight people were killed and 141 injured while riding in the back of pickup trucks in Florida. http://jacksonville.com/news/metro/2009-07-
Nine states, including California and New York, have specific restrictions on riding in truck beds regardless of age. Most states limit laws prohibit minors from riding in the bed of a truck. Louisiana, Massachusetts and Tennessee apply restrictions to children under the age of 12. Regulations in Maine only apply to occupants 18 and younger. Laws . Other states with no specific law prohibiting riders in the bed of a vehicle, such as Indiana present an interesting analysis. In Indiana, passengers are obligated to wear seat belts in all most all motor vehicles including pickup trucks. Rules for children are even more stringent. (Child passengers also require child seats and/or booster seats since 2005. The Indiana Child Restraint Law requires children to be restrained with a shoulder belt inside the truck and for those under eight years of age, a belted booster seat. The car seat must be appropriate to the child's height and weight. Infants must ride rear-facing in a pickup truck until they are at least 1 year old and weigh 20 pounds. )
The analysis for adults riding in the back of pickups in states like Indiana revolve around the seat belt laws. In general, since there are no seat belts in the bed of a pickup truck, Indiana law is technically violated whenever someone rides in the back of a pickup truck unless they are properly restrained. The following statutory analysis supports the finding of a violation of Indiana law. IC 9-19-10-1 states a violation occurs unless one of the following exceptions apply:
"This chapter does not apply to an occupant of a motor vehicle who meets any of the following conditions: (1) For medical reasons should not wear safety belts, provided the occupant has written documentation of the medical reasons from a physician. (2) Is a child required to be restrained by a child restraint system under IC 9-19-11. (3) Is traveling in a commercial or a United States Postal Service vehicle that makes frequent stops for the purpose of pickup or delivery of goods or services. (4) Is a rural carrier of the United States Postal Service and is operating a vehicle while serving a rural postal route. (5) Is a newspaper motor route carrier or newspaper bundle hauler who stops to make deliveries from a vehicle. (6) Is a driver examiner designated and appointed under IC 9-14-2-3 and is conducting an examination of an applicant for a permit or license under IC 9-24-10. (7) Is an occupant of a farm truck being used on a farm in connection with agricultural pursuits that are usual and normal to the farming operation, as set forth in IC 9-29-5-13(b)(2). (8) Is an occupant of a motor vehicle participating in a parade. (9) Is an occupant of the living quarters area of a recreational vehicle. (10) Is an occupant of the treatment area of an ambulance (as defined in IC 16-18-2-13). (11) Is an occupant of the sleeping area of a tractor. (12) Is an occupant other than the operator of a vehicle described in IC 9-20-11-1(1). (13) Is an occupant other than the operator of a truck on a construction site. (14) Is a passenger other than the operator in a cab of a Class A recovery vehicle or a Class B recovery vehicle who is being transported in the cab because the motor vehicle of the passenger is being towed by the recovery vehicle. (15) Is an occupant other than the operator of a motor vehicle being used by a public utility in an emergency as set forth in IC 9-20-6-5."
Consequently, while some may argue that riding in the back of a pick up is a "Country Tradition," it is a dangerous activity that may lead to a ticket. The beds of pick up trucks are meant for carrying equipment, trash, and other objects that are properly secured. The beds of pick up trucks are simply not designed for the transportation of humans. A sharp curve or a sudden stop may result in the passenger leaving the bed of the truck. Even if the driver is very careful, unnecessarily riding in the back of an open pickup truck increases the risk of injury. No one should knowingly choose to increase their risk of injury by riding in the back of a pickup if it is not necessary. (Obviously there are times that it may be necessary to transport farm workers from one field to another. But in such cases, all such passengers should be securely seated on the floor of the bed and immediately behind the cab to minimize the possibility of falling out of the pickup.) If one knowingly chooses to ride in the back of a pickup, will they go to jail? No, but they may wind up with a ticket for failing to wear or a seat belt or even worse, they may wind up in the hospital. So even in the absence of specific statutory guidance, common sense must prevail in favor of caution and reasonableness in order to prevent our roads from becoming dangerous rodeos.
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14 comments:
Old habits are hard to break, Pub Meister.
I agree with what you have said about it being a rural tradition, one always sees a group of children and a dog riding in the back across rural America, an expression of their freedom I guess, and the fact that the police are few and far between. I guess that’s why they usually have a six-pack on the seat right next to them as well.
I myself never let anyone ride in the back of my pick-up when I had one, except when camping at a rural campsite, than just limited it to inside the campgrounds and never out on the road.
What I think is really stupid is this car surfing. I once had a woman give me video to edit of her son doing this. The boys found a street with a “T” intersection and the surfer was lying on the roof as they speed down the street than hit the brakes at the “T”, causing the surfer to fly off the roof and tumble to the grassy ground. Looked like they were having fun until one of them sprained his ankle.
We did some dumb stuff but never that, after a snowstorm we use to grab the bumper of a passing car, squat down and catch a ride, we called it skichen. This was usually done on a side street where the speed was never in excess of 20mph, and the snow would cushion ones fall.
Back when they had the DDT mosquito trucks that sprayed that thick fog of DDT we use to ride in the fog on our bikes and follow the trucks in zero visibility. More than once I ran into another kid on his bike or on foot doing the same thing. I stopped doing this after riding into the back of the DDT truck when it stopped at a stop sign, wrecked my bike…not sure how the thick DDT I inhaled has affected me as of yet. After playing this game we always looked like we were smoldering.
But none of this would compare to what could happen to one should they be in the back of a pick-up should that pick-up hit something a 40mph. I guess it boils down to the mentality that bad things happen to others.
You put your life in your hands when you knowingly ride in the back of a pickup.
Ive done it. But each time I ride, I realize that if I get hurt it is my own d@m fault!
You're stupid to ride back there. But at least you take responsibility for your own actions... if there is a wreck, you like any one with a brain, recognize that you are risking injury by riding back there.
Really good post.
This article is both informative and interesting. Always though the law had common sense. Thanks for showing us that it does.
Great compilation of laws etc. But common sense can't be assumed.
It's the government's job to govern, not parent. Passing these laws interferes with natural selection, and further limits the land of the "free." George washington would kick your ass
Unfortunately if folks don't have common sense then they need laws.
Unfortunately if folks don't have common sense then they need laws.
Well personally, I like cruising around in the back of my man's truck sitting in a lawn chair.
That's how I relax!
Its not just trailer trash in the back of pickups. But, if the contents spill onto the road, even the fanciest of folks wind up a bloody mess fit only for the cemetery.
when you got a six year old in the back of the pickup and you're doing donuts with him in the back of the pickup or her then you're not putting your life in your hands you're putting that child's life in your hands and showing no regards for that child I am very disappointed in Oklahoma for not having a law to protect children especially mine when I have an idiot ex that would do such a thing shame on Oklahoma
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