HELP!!!

If you are a Biker....or you KNOW someone who rides a motorcycle PLEASE.......PLEASE help us!!

 

Please review and forward to other riders and victims of 'right of way' violation accidents, in Massachusetts, on your lists who might be interested.

 
Thanks - PC
==============
Date:    Feb. 19, 2008
For more info, contact Paul W. Cote
at claimscote@aol.com
 
(State House, MA)    The Joint Committee of Judiciary will hold a public hearing, on Tuesday, March 18, 2008, beginning at 1:00 p.m., to hear public testimony on bills, including the MMA's House, No. 1464, an act seeking to increase civil and criminal penalties of motorist who violate the right of way of any other road user, resulting in serious bodily injury of death, and SHIFT the financial burden of excess medical bills and lost wages/earning opportunity, from the victims and their families BACK to the at-fault person, in excess of their liability policies.
 
The entire bill can be viewed and printed out from this site:
http://www.mass.gov/legis/bills/house/185/ht01pdf/ht01464.pdf
 
As riders, we know the horror stories of those who turn left in front of oncoming motorcycles and/or force us off the roads trying to get into our lanes and/or pull out from parked positions into our lanes of travel. 
 
If the violators are cited at all, its a $35 civil fine.  Pisses a lot of us off.
 
Meanwhile, lives are lost and bodies are broken, . . . and families and friends are left to pick up the pieces.  Often, the attorneys representing the victims make more money than the victims, due to contingency fee agreements sharing in the minimal liability limits of $20,000 from the at-fault operators insurer and no other assets to attach to.
 
"What are we fighting for ?"
 
Justice.  Justice for all
 
There are more motorist than guns in Massachusetts and the vehicles are more deadly than the guns, . . . but where is the justice for all and outcry from the public when an inattentive motorist violates the 'right of way' of another lawful road user and causes death or serious bodily injury that lawful road user?
 
Don't wait until it happens to someone you know - now is the time for action.
 
House, No. 1464, modeled after the AMA's "Justice for All/Right of Way" legislation, seeks in Massachusetts to
 
1.)      Increase the civil fine from $35 to $350;
 
2.)      Create minimum criminal sentence of 2 1/2 years for the death or serious bodily injury of any other road user and 10 year loss of drivers license;
 
3.)      Create minimum criminal sentence of 5 years, and 15 year loss of license, if operating under the influence, violating the right of way of any road user, resulting in the death or serious bodily injury of any other road user;
 
4.)       Defines 'serious bodily injury' as the inability to engage in usual activities for 30 or more days;
 
5.)    Shift the excess medical expenses (and health insurer liens) and loss wages, from the victim to the at-fault person, . . . so the victim and/or their family is not victimized twice (injuries and financial burdens).
 
It lousy to say and ask for, . . . but we need VICTIMS of 'right of way violations," . . . . riders and other road users (bicyclists, pedestrians and other vehicle operators and their families) to STEP UP and tell their stories of INJUSTICE they have lived through, to the Judiciary Committee members on March 18th.  And we need letters of support for HB 1464.
 
Some have called or referred to this HB 1464 as the 'snitch bill.'  To they, . . . we can't say here what we'd like to out of respect of the brother and sisters we've buried, . . . and to the families of riders seriously injured, out of work, mounting medical expenses, . . . and any response would detract from our mission.  And this bill was ENGROSSED by our Senate last session but expired with the House taking no action before the end of that session.
 
The much heralded "Melanie's Law' was a first step, but it only deals with 'repeat offenders.'  This is bigger than that law.  Be a part of it.
 
In the words of Pat Benatar, "What are we waiting for ?"
 
The Clerk of the Senate Chairman of the Judiciary Committee, Senator Robert Creedon of Brockton, has sat with MMA representatives and offered to help coordinate our Victims testimony at the 3/18 public hearing. 
 
Elisa Mello of Middleboro has pledged to testify.  It is likely several of the widows and victims helped by Nelson's Ride and the MMSF / Essex County since year 2000, will testify. 
 
If you can testify, . . . please contact MMA Govt' Relations, MMSF President and AMA Community Council Director Paul W. Cote at claimscote@aol.com
 
"Standard" protocol - live testimony should highlight written testimony.  Testifying at public hearings is generally limited to 3-minutes per speakers and not to repeat what's already been testified to.  Paul and the Senate Committee Clerk will help coordinate.  Paul can help writing written testimony. 
 
March 18th is OUR DAY to affect change in public policy, at the state level, to STAND YOUR GROUND and NOT BACK DOWN.
 
And for those of you on the South Shore, . . . Feb. 26 the trial starts in the Wareham District Court against the driver who killed Brian Mello and caused serious injuries to Tom Newhook and Wolfgang Decker.  The MMA and MMSF are looking to PACK that Courtroom with leather in silent support of those victims.
 
And on the North Shore, the driver who killed Larry Monahan of Haverhill is seeking 'early release,' less than a year into his 'plea bargained' sentence of 2 years - that had been accepted by the family.  Letters to the Parole Board are needed before Feb. 24.  See http://www.massmsf.org/ for more info and a sample letter.
 
If you can help in Wareham on Feb. 26th or at the State House on March 18th, or have any comment to make, please contact Paul W. Cote at claimscote@aol.com
 
The time is now.  To tell your pain to those who can make changes so others don't have to suffer as you have. "Its a do or die situation."  Step forward, please.
 
With TONS of respect to those who have fallen through no fault of their own,
PC