N.Y. Assemblyman Introduced Motorcycle Bill to Protect Us Against Negligent Drivers

New York Assemblyman Bill Nojay has introduced a bill that would increase punishments and repercussions to motor vehicle operators who are deemed negligent in accidents involving motorcycle operators. The bill adds new levels of offenses including a permanent driving suspension and up to 12 months in prison for a moving violation that results in a motorcyclist sustaining serious bodily injury or death.

It has been my experience—as someone who frequently operates a motorcycle and a motor vehicle—that those behind the wheel of a car are far too often, distracted by something within their vehicle or something outside and thus not paying attention to the road ahead or their surroundings. I don’t care to admit it but I have been guilty of being distracted by my phone or the crazy person yelling on the street corner when driving my car. Years ago I made the cogent decision to not use my phone behind the wheel of a motor vehicle. 

When I am on my motorcycle I can attest that cell phone use is rampant in Los Angeles and I have seen countless drivers to veer into other lanes or nearly run into cars ahead of them because they are not actively engaged in driving. It cannot be argued against that being distracted eliminates precious seconds which can be used to avoid a situation in the first place.

A recent study from the AAA Foundation for Traffic Safety found that distraction was a factor in nearly 6 out of 10 moderate-to-severe teen crashes, which is four times as many as official estimates based on police reports. 12 percent were cased by cell phone, 15 percent from interacting with other passengers.  This study doesn’t take into account older drivers but my personal opinion is: a distraction is a distraction is a distraction.  

Assemblyman Nojay says he too has witnessed the consequences of negligent drivers too who cause accidents with motorcycles when he was an EMT and ambulance driver for five years with the Pittsford Volunteer Ambulance.

When campaigning for his seat in the state Legislature, he met the family of Sgt. Kade O’Brien, a Marine Iraq combat veteran who was killed in March 2011 by a negligent driver who received little more than a traffic ticket. O’Brien’s family asked him to sponsor legislation that would impose more severe penalties in cases where negligent driving resulted in severe injury or death to innocent motorcyclists. 

“Currently there is little to no penalty for committing a moving violation that results in the death or serious bodily injury of a driver or motorcyclist unless it’s considered Vehicular Manslaughter,” Nojay said. “Connecticut and Pennsylvania have addressed this issue with new reforms that establish minimum penalties and it’s time that New York passes similar legislation.”

Riding a motorcycle is 33 times more dangerous than operating a motor vehicle (according to NHTSA) but motorcyclists accept those risks when we throw a leg over a bike. What is difficult and impossible to control is the negligence of other drivers. When things go badly on a motorcycle, we pay the price in injury or our lives. 

There will be those that point the finger and say “well, that’s what you get for riding a motorcycle” but that’s a childish stance and doesn’t address responsibility or a way to solve the problem. Motorcycles have every right to the road as any motor vehicle. 

Motor vehicle operators owe it to themselves and those around them to be in control and responsible for how they operate their vehicle. Piloting a motorcycle is a focus intensive exercise and piloting a vehicle should be too but I feel too many of us (humans) have become lackadaisical and entitled in operating a motor vehicle. These objects are not privileges not rights. If you are negligent with that 2 ton piece of aluminum and plastic, you should pay a serious price.  

I applaud the Assemblyman’s initiative on this issue and hope to see it spread to additional states. 

Photos by Ed Tahaney

Sources:

http://www.whec.com/news/assemblyman-nojay-sponsors-motorcycle-bill/4128102/

Join the bikers in the forum.>>

http://newsroom.aaa.com/2015/03/distraction-teen-crashes-even-worse-thought/