I recently wrote about a horrible fatal crash that occurred in Wayne County, Ohio. I guess there is some confusion here. To be clear, I have NO ROLE in the Wayne County crash. I do not represent anyone – haven’t been contacted to be involved. I am simply reviewing the available PUBLIC information/data and adding my commentary and analysis based on my 44 years of trial lawyer experience handling 1000s of injury and death cases and more than 500 bike cases.
Long time readers will recall that since, roughly, 2008 I have been gathering all data on every fatal bicycle crash in Ohio. We try to get all the public records – crash report – photos – videos- toxicology – forensic reports. We review the data & try to see what happened…and whether police “got it right.” As a lawyer with a Math degree, analyzing the data, and crash statistics in general, has always been right up my alley
Often I will write about interesting crashes or cases that present issues of interest to cyclists. I don’t write about every crash, but do write in depth on some.
Over the years I had felt that police often failed to properly analyze crashes involving bicycle operators – failing to appreciate that the cyclist has EXACTLY the same right of way as the driver of a motorcycle, VW Beetle, Camry, Tundra, F350 or semi. We felt LEO’s often blamed the cyclist unfairly when the cyclist was not to blame… my deep dive confirmed that feeling. I started writing about these crashes based on the DATA we obtained.
I have handled many complex crashes over the years – taken cases to trial – worked both for and with insurance companies and as well representing the injured victims. I have worked with some of the very best bicycle crash experts in the country. I felt my trial lawyer skill set, combined with my math background and my decades of road cycling, put me in a unique position to analyze these cases. I usually do not comment or publicly discuss cases in which I have a role as an attorney. I often talk about prior cases I have handled, but not cases in which I am actively engaged as counsel. This is certainly the case here
Again, to be clear – I have no role in the Wayne County crash. I am writing about it as an outsider, commenting on the data that appeared in the media, and data I have acquired through Ohio’s public records laws. My analysis is my own- based on my experience and education.We recently reported on a fatal crash occurring in Franklin Township, Wayne County. A cyclist, 68 year old Emma Miller, was westbound on Harrison Road, in Wayne County at around 4pm on a clear, sunny, dry afternoon. As she was making a left turn into a private driveway a motorist coming up behind her in a huge Ford F-350, towing a trailer, tried to pass her. The cyclist was left of center, well into her turn, when the big truck slammed into her and killed her. The truck/trailer went off the road to the left, then swung back to the right and jack knifed.
The ONLY thing reported in the media was “No turn signal” by the cyclist… of course, this is based solely on the statement of the driver – it IGNORES what the driver SHOULD HAVE SEEN going on in front of him as he approached – and it IGNORES OHIO LAW which does NOT require a signal from a cyclist when both hands are needed on the handlebars for safe operation of the bicycle…
The Auditor’s page tells us that 2721 was owned by… Roman Miller and Emma C Miller… so she was likely pulling into her own driveway when she was run down and killed…
We just obtained the “short” form of the crash report. The 4 page version. We’ve ordered the full and complete package of OSHP data but only the short report is available now. Typically a fatal crash report, especially one prepared by our OSHP, is 50-80 pages – they take measurements, test the vehicle for mechanical failures, take statements and often obtain “Total Station” data using a special surveying device that performs laser guided measurements of the scene. We don’t know if that was done here yet. We’ve ordered all of that – plus all photos and other imagery.
From the preliminary report, the driver apparently said he was going 45 mph. We don’t know if the EDR, Event Data Recorder or “Black Box,” was pulled from the vehicle and examined. If it was triggered it would likely capture the last 5 seconds of so of data- speed, braking, direction, etc-
If you “do the math,” 45 mph is 66 feet per second. So, assuming he’s telling the truth about 45 mph, a BIG assumption, at 2 seconds prior to impact the truck would have been 132 feet away from the point of impact [POI]. 4 seconds prior to impact the truck would have been 264 feet from the POI. Not quite a football field, but a good distance and plenty of space for him to slow down & avoid the crash depending on what was happening in front of him, and whether or not he was paying attention.
Meanwhile, as the truck is moving towards the POI the cyclist is also moving towards the POI. We don’t know anything about Ms. Miller’s speed… or her bike. If she had been on, for example, an electric or motorized bicycle I suspect that would have been noted in the report- it was not. Ms. Miller was 68 years old and moving towards her driveway… I think it’s fair assume that’s she’s not on a carbon racing bike, hunched over the drops and cruising at 20+ mph- It’s probably fair to assume her speed is 10mph or less… 10 mph is almost 15 feet per second. [6 mph =8.8 feet per second]. During the last 4 seconds she is likely slowing and moving right to left towards the driveway… at 10 mph she is 60 feet from the POI at 4 seconds prior to impact, while the motorist is at 45mph was 264 feet away.
Since initially preparing this post we have been able to obtain the crash photos, which are informative.
The bike operated by Ms. Miller appears to be a Sun Trike with a helper motor. This large, heavy adult trike can be pushed to 10mph per company specs. For riding around country roads, I’m sure it is perfect. A person on this bike would certainly be VERY discernible on a clear, dry sunny day. Perhaps OSHP will inspect the bike and amend the final report to note the characteristics of the Sun trike and whether they played any role in the crash.
As folks who ride bikes are well aware, bikes do not turn on a dime… turns take time. A 68 yr old woman turning a bicycle towards a driveway on her left on a country road takes… time… some amount of seconds especially on a heavy trike. Trikes are a special breed – they can NOT be turned quickly or else they risk being tipped over.
I am not familiar with the Sun product line, or the little device on the handlebars that controls the helper motor. Does it keep track of anything? Is there a GPS? Is it recording data? If so, will OSHP extract the data and analyze it?
This was a very narrow two lane country road – very typical in Ohio and probably MAYBE 10 foot lanes in each direction. The huge F350 pickup would have barely fit in the lane.
Assuming Ms. Miller would have been riding at the far right of the lane as she was traveling down Harrison Road, it would have taken her some time to move right to left. It would have taken some seconds of time for her to move from the far right of the lane – to cross the lane and enter the opposite lane. What was the pickup driver doing during that time?
This shot is from Google Earth. Before we obtained the crash photos, this was the most recent Google shot of the scene.
The crash photos show a bit of a different scene, eh?
Note that the road appears freshly paved and the bright DOUBLE YELLOW lines are conspicuous, marking a NO PASSING zone. So the starting point for any analysis is:
- Cyclist traveling in her lane
- Cyclist making a legal left turn into her driveway
- Motorist coming from behind
- Motorist in a NO PASSING zone
- Motorist fails to slow down and allow the rider to make her left turn
- Motorist goes left of center and strikes cyclist in the lane of oncoming traffic
The point of impact was in the OPPOSITE lane of travel – over the Double Yellow.
What factors can make this NOT be the pickup driver’s fault?
Some argue that “She didn’t SIGNAL her turn.” Well, first, that is certainly a factual question and we do not have the “facts” yet. Who said she failed to signal? The driver of the pickup? How convenient. Given his speed and desire to get past her before going up the next rise in the road, would a signal made a wit’s worth of difference here?
More important, under Ohio law a turn signal is not always required for cyclists. The law recognizes that there are times when SAFETY mandates that the cyclist keep both hands on the handlebars. An argument can certainly be made that turning a large, heavy adult trike onto a gravel driveway would be one of those times. The law says this:
Some will note that Ohio does have an exception for passing in a Hazardous Zone, which is what the Double Yellow area is called. There are three requirements for passing over a double yellow:
Here, number 3 is problematic given that she is TURNING LEFT and that ahead of the truck is a rise where cars could be coming in the opposite direction.
What was happening in front of the truck during the last, say, 4-5 seconds prior to impact? What was the driver doing inside the truck? Where was he going? Was he in a hurry? Was the radio on? Were there any distractions? Was there any paperwork spread out on the front seat? Was there any cell phone data? Texting? Phone calls? Was this some kind of “no way to avoid it” crash…or… was there time and space for the driver of the passing pickup to look up, see what was happening, slow the truck down & avoid the killing Ms. Miller? That’s the question that remains unanswered here.
What happened at and after the crash is clear… the driver went left of center, slammed into Ms. Miller, lost control, spun across the road and jack-knifed, ending up in a ditch many feet beyond the impact point.
The starting point is this: The CYCLIST has the RIGHT OF WAY here… and there is no duty to stop and let someone pass…rather, the duty is absolutely on the passing vehicle to not cross the center line & pass when someone in front of you is turning left…
The measurements likely taken at the scene will give us some real data – were there skid marks? Was there ANY evidence of braking before impact- or – perhaps the Black Box will tell us that the truck sped UP to pass – unfortunately, the Black Box often does not record data in car/bike crashes… here, though, there was clearly some serious truck movement… left…off the road… right…jack knife… so perhaps teh Black Box will be instructive, if OSHP bothered to extract it & look at it
From the police photos we can see that this is a typical, narrow, rural Ohio road. Speed limit is 55… but experience tells us that folks probably, routinely, zip along faster than that since it’s a long straight stretch of low traffic roadway with little if any speed enforcement. Here, all we have at this juncture is the driver’s stated speed of 45.
OSHP shot drone photos of the scene.
The driver was passing a bicyclist on a narrow stretch of rural roadway. During the pass the driver went left of center over a double yellow and slammed into the left turning cyclist. That’s what we know at this point.
How did OSHP “analyze” this?
OSHP RESULT => NO CONTRIBUTING CIRCUMSTANCES for the driver of the pickup… Meanwhile the Cyclist is dinged for “Left of Center” – DUH…she’s TURNING INTO HER DRIVEWAY…
We handled a similar case recently. A cyclist was making a left turn and struck by an 18 yr old in a Jeep who was trying to pass. Cincinnati PD ruled a similar crash to be the cyclist’s fault based on what the driver said and what was said by a “witness” – They closed the book on the case immediately, while the cyclist was still in a coma.
When we took the case, the insurer denied the claim. We secured a TRO to get the Black Box and inspect the car before repairs were made. [NO data in the Black Box] We retained a top notch bicycle crash reconstruction expert to help us.
We filed suit & took several critical depositions which yielded very helpful information, testimony. We found a new witness, not listed in the crash report and not interviewed by police. He was on Police BODY CAM footage telling police he was there, coming the other way, and saw our client flying in the air in his mirror… that added some critical data. After a LONG fight, we obtained the cell phone data from the driver, which yielded a treasure trove of helpful information – texts occurring right about the time the crash happened.
Our expert then put the scene together and analyzed both the police data and the GPS data we obtained from our client’s bicycle. Lo and Behold, the GPS data, which police ignored, showed our client riding along the right side and moving, slowly, right to left during the last 4-5 seconds prior to impact. Our expert was able to overlay the GPS data on the scale mapping and create a real time video that showed a bird’s eye view of the crash with the Jeep traveling at different speeds. We were able to very clearly show that even a SLIGHT downtick in speed would have avoided teh crash… the driver testified however that he SPED UP, to a speed OVER THE SPEED LIMIT to try to pass.
Starting with the GPS data, which police ignored, we added in the data from the witness police ignored, who was coming the other way, to the video we created showing how the crash occurred. We also used the text data, which police never obtained, to put together a very strong case that pointed 100% of the blame on the MOTORIST despite the police immediately claiming it was the cyclist’s fault…
The insurer went from DENIED to settling for more than $2.0 million at Mediation…
For Emma Miller’s crash, we will wait and see what comes out of the rest of the OSHP data and report on it once we have it… initial reporting does show the crash occurring in the opposite lane, over the center line- Emma Miller was probably less than 10 feet from the safety of her driveway when she was run down and killed…
Our hearts absolutely go out to the family and friends of Emma Miller… she managed to live 68 years only to be run down and killed while she was out on a bike ride on a sunny bright afternoon in May, 2026…
Tags: bicycle, country road, crash, data, fatal, injury, insurance, OSHP, pickup, rural, statistics, Uninsured/Underinsured Motorist
© 2026.
