Proposal for a new Ohio statute: "Criminal crashing while driving in rain"

To start our exploration of mens rea issues, and also to facilitate a focused conversation concerning a timely legislative proposal seeking to reduce roadway harms, here is some background information about dangerous realities on our roads and highways. First, from the Federal Highway Administration (data from 2007 to 2016, with emphasis added):

On average, nearly 5,000 people are killed and over 418,000 people are injured in weather-related crashes each year. The vast majority of most weather-related crashes happen on wet pavement and during rainfall: 70% on wet pavement and 46% during rainfall. A much smaller percentage of weather-related crashes occur during winter conditions.

And from the car press (in 2019), under the headline "Why Driving In The Rain Is Way More Dangerous Than You Think" (with emphasis added):

[A] new study has shown that even light rain can significantly raise the chances of a fatal car crash. Published in the Bulletin of the American Meteorological Society..., the study asserts that rain, snow, and ice increases the risk of fatal car crashes by a massive 34 percent. Led by Scott Stevens, a data analyst and meteorologist at the North Carolina Institute for Climate Studies, he and his colleagues reviewed 125,012 deadly crashes in the Lower 48 states between 2006 and 2011, factoring in the number of cars on the road to calculate the risk of a fatal accident.

It turns out that even light rain, which Stevens refers to as a "a drizzle, just at the point where you might consider taking an umbrella out," raises the risk of a fatal crash by 27 percent.  While people tend to become cautious in heavy rain, Stevens believes that "they under-appreciate the risk of light rain," with the weather radar data showing an increase in fatal crashes even in rain of less than one-tenth of an inch per hour.  Moderate rain brings the risk of a deadly accident up to 75 percent greater than in clear weather, while in heavy rain the rate skyrockets to two-and-a-half times more likely.

And, with the latest concerning traffic data, consider excerpts from this May 2022 press release from the National Highway Traffic Safety Administration (NHTSA) and from this additional August 2022 press release also from NHTSA:

The National Highway Traffic Safety Administration has released its early estimate of traffic fatalities for 2021. NHTSA projects that an estimated 42,915 people died in motor vehicle traffic crashes last year, a 10.5% increase from the 38,824 fatalities in 2020. The projection is the highest number of fatalities since 2005 and the largest annual percentage increase in the Fatality Analysis Reporting System’s history. Behind each of these numbers is a life tragically lost, and a family left behind....

“This crisis on our roads is urgent and preventable,” said Dr. Steven Cliff, NHTSA’s Deputy Administrator. “We will redouble our safety efforts, and we need everyone – state and local governments, safety advocates, automakers, and drivers – to join us.  All of our lives depend on it.”  

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NHTSA estimates that 9,560 people died in motor vehicle traffic crashes in the first quarter of 2022. This is an increase of about 7% as compared to the 8,935 fatalities projected for the same quarter in 2021. This would be the highest number of first-quarter fatalities since 2002....

“The overall numbers are still moving in the wrong direction. Now is the time for all states to double down on traffic safety. Through the Bipartisan Infrastructure Law, there are more resources than ever for research, interventions and effective messaging and programs that can reverse the deadly trend and save lives,” said Dr. Steven Cliff, NHTSA’s Administrator.

Ohio Senator JoJo Beesafer has been deeply concerned about traffic safety issues ever since her college days after one of her best friends was killed by a drunk driver who was speeding and swerving on a country road during a summer thunderstorm.  Senator Beesafer has sponsored a number of bills seeking to increase punishment and enforcement efforts for driving under the influence.  Now, moved by the call for states to "redouble our safety efforts" and "double down on traffic safety," Senator Beesafer has drafted a novel new bill responding to concerns for the many thousands economically and/or physically harmed by crashes from persons driving in the rain without being aware of the risks (and/or not being sufficiently cautious while driving):

PROPOSED ORC Section 2999.99: Criminal Crashing While Driving in the Rain

(A) No person shall cause physical harm to another person or damage the property of another while driving in the rain.

(B) Whoever violates this section is guilty of criminal crashing while driving in the rain, a misdemeanor of the second degree.  If a violation causes any physical harm to any person or causes property damage in excess of $10,000, this offense is a misdemeanor of the first degree.  

We will discuss the potential pros and cons of this bill in class this coming week.  Everyone should feel free to use the comments to express any comments or concerns now; proposed amendments to this bill are welcome as well.