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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
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Date: Feb. 19, 2008
For more info, contact Paul W. Cote
(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:
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
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