Ohio bill provides for criminal prosecution of car accidents involving personal injury

A Republican congressman from Ohio is pushing for a drastic expansion of the definition of violent vehicular assault in the state, making it a criminal offense to inflict serious physical harm on a person through a minor traffic violation.

Currently, criminal assault with a vehicle is only charged in limited cases in Ohio, such as drunk driving, reckless driving, and violations of construction regulations that result in serious bodily harm to another person.

Under House Bill 653, any driver who causes “serious bodily harm” to another person as a “direct result” of a “minor traffic violation” could be held criminally liable.

This means that drivers who run a red light, fail to stop at a stop sign, drive too fast, or ignore the right-of-way rules and thereby injure another person can be charged with a crime.

The penalties under the proposal range from a first-degree misdemeanor to a fourth-degree felony and can result in a driver’s license suspension for one to 10 years, depending on the circumstances.

“What we’re asking for is pretty tough and dramatic,” said bill sponsor Brian Lorenz (R-Powell). He acknowledged that the bill may need to be extensively amended to gain support in the House. But Lorenz believes the possibility of criminal prosecution for drivers who cause injuries as a result of a traffic violation would encourage more cautious driving.

“I do a lot of walking and biking myself and I’ve seen a lot of people (driving unsafely),” Lorenz told this news outlet. “We’re just trying to raise awareness about safety and show something different to show, ‘Hey, listen, we’re not going to allow inattentive drivers to continue to proliferate in our society.'”

The bill, which was introduced in mid-August, has not yet been heard because MPs are in recess until after the November elections. The 135th General Assembly has little time left before it resumes in January.

One potential pitfall of the bill is that it could impose an additional workload on prosecutors.

Currently, when traffic violations result in an injury, the accident victim can file a civil suit themselves. Making this a criminal offense would require prosecutors to investigate hundreds, if not thousands, of car accidents each year and take a smaller number of those cases to trial.

Asked about those concerns, Lorenz told this news outlet he has had “some very preliminary conversations on this very topic.” He said even if the bill doesn’t make it into the inner pages of the Ohio Revised Code, he hopes it will spark discussion and raise awareness about motorist safety.

“If we can learn something from it and raise awareness and if one less person dies from it, then we’re doing something good,” Lorenz said. “I think that’s exactly the goal.”

According to the Ohio Revised Code, “serious physical injury” is defined as physical injury that threatens death, results in permanent disability, disfigurement, or severe pain, and any mental illness that requires prolonged treatment or hospitalization.

The Journal News is a media partner of WCPO.com.