After an alarming number of traffic deaths, Delaware strengthens highway safety laws

Drivers in Delaware will face stricter punishments for speeding and reckless driving under legislation signed into law last week by Gov. John Carney. The more stringent penalties and other highway safety legislation follow several years of rising fatalities on state highways.

“We’ve got a real highway safety problem up there, if you haven’t noticed. Just go out and drive on any of the roads up and down our state,” Carney said. “This package comes at a really important time as the fatalities on our state highway highways have hit an all-time high, sadly.”

In 2022, the state tied a record set in 1988 for highway deaths at 165. The number of deaths has been rising in recent years. In 2020, 113 people died on Delaware roads, followed by 136 in 2021.

In April, Carney introduced the package of bills alongside lawmakers at a Smyrna memorial dedicated to those who’ve died on Delaware highways. Since then, 43 people have been killed along state roads.

“It’s mostly preventable,” Carney said. “Distracted driving, not wearing seatbelts, speeding is just a big problem.”

Under the new laws, anyone caught speeding over 90 mph would automatically be considered driving recklessly and face fines and other penalties under the existing reckless driving rules.

The state is also expanding the existing “move over” law, with drivers now required to change lanes or reduce speeds when any vehicle is pulled over on the shoulder with its warning lights on. The previous move over rules only applied to law enforcement, emergency responders, or others working along the side of a highway. Last year, 13 people were killed on state roads in or near stopped vehicles.

New motorcycle riders will now be required to wear a helmet for the first two years of having their motorcycle license. That move follows statistics from DelDOT that shows 25% of serious injury and fatal accidents happen within the first two years of getting their license.

“Last year we lost 12 people to motorcycle fatalities,” Rep. Sean Lynn said. “Helmets reduce the risk of head injury by 69%. This new law will help us to ensure that conditions are safer for those operating and riding a motorcycle by requiring everyone who obtains a new endorsement, or are riding with a new rider, wear a helmet and eye protection.”

In the past five years, 35 people were killed and another 143 seriously injured when not wearing a helmet while riding on a motorcycle.

Other new rules created in the package include more specifics on when a child must be in a rear-facing car seat, a front-facing car seat, and a booster seat. Over the next year, the state will launch a campaign to educate parents on the new rules and how to keep their kids safe.

“It puts an emphasis on education,” said state Sen. Kyle Evans Gay. “That’s where we want to be as a state, making sure the parents and caregivers have all the information and tools they need to keep kids safe.”

Starting next July 1, kids under 2 years old and less than 30 pounds must be in a rear-facing seat. A front-facing seat with a five-point harness is required for those under 4 years old and less than 40 pounds. Kids between the ages of 4 to 16 must be in a booster seat as long as their height and weight fall under the recommendations from the vehicle’s manufacturer. AAA recommends kids stay in a booster until an adult seatbelt fits with the lap belt low on the hips and the shoulder belt across the sternum and collar bone.

Carney also signed a bill that would create a five-year trial run for speed cameras in work zones and residential areas within municipalities.

One measure that didn’t get passed was a ban on open containers of alcohol in vehicles. Delaware is one of several states that does not comply with the federal Transportation Equity Act when outlawing open containers.

It’s not the first time the state has been slow to pass highway safety legislation called for by the federal government. Delaware was the last state in the nation to lower the legal blood-alcohol content level from .10 to .08. That change was made in 2004 in part because the state faced losing millions of dollars in federal highway funding.

The bill banning open containers was approved in the House in a 28-11 vote last week and will now be up for consideration in the Senate starting in January.