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Background: For 2003, the National Highway Traffic Safety Administration (NHTSA) reported the following deaths and injuries for pedestrians, pedalcyclists, and motorcyclists 1 :

	Killed	Injured	Killed in Ohio
Pedestrians	4,749	70,000	99
Pedalcyclists	622	46,000	8
Motorcyclists	3,661	67,000	136

The unfortunate truth is that a driver's inattentive left turn, unwary lane change, casual red light "run", or untimely cell phone call can, and often does, result in the death or serious injury of a pedestrian, pedalcyclist, or motorcyclist.

Compounding this serious traffic safety issue is an attitude of indifference that permeates law enforcement and the courts in matters regarding a right-of-way violation involving a pedestrian, pedalcyclist, or motorcyclist. This societal and institutional indifference, combined with the substantial growth in motorcycling, increasing number of motorists on the road and the proliferation of in-vehicle technologies that exacerbate driver distraction creates an unprecedented urgency to address right-of-way violations in an aggressive manner that gets results. The National Agenda for Motorcycle Safety 2 recognizes this problem noting, "Prosecutors and judges should be equitable when dealing with motorists who cause motorcycle crashes."

How serious a problem is this for motorcyclists? About two-thirds of car-motorcycle crashes and nearly half of all motorcycle crashes are caused by drivers, not by motorcyclists. Of the 1,675 fatal car-motorcycle crashes in 2003, 38 percent (634) involved another vehicle violating the motorcyclist's right-of-way by turning left while the motorcycle was going straight, passing, or overtaking the vehicle. Both vehicles were going straight in 27 percent (458) of the crashes.

Current Status: In general, right-of-way laws do not take into account the considerable

vulnerability of road users such as pedestrians, pedalcyclists, and motorcyclists. Consequently, the penalty for a right-of-way violator who dings a car is generally the same as the penalty for a right-of-way violator who sends a more vulnerable road user to the hospital or grave – a misdemeanor or summary offense with a small fine from $25 to $100.

Action: Introduction and enactment of legislation that enhances the penalties for right-of-way violations that cause injury or death to other road users, including pedestrians, pedalcyclists, and motorcyclists.

1 “Traffic Safety Facts Sheets 2003,” National Center for Statistics & Analysis,

2 “National Agenda for Motorcycle Safety,” National Highway Traffic Safety Administration