News

Amesbury man spearheads motorcyclists' 'Justice for All' bill

By Katie Farrell
Staff writer
Published: February 25, 2008

AMESBURY — A proposal will appear before legislators at the Statehouse next month that would tighten and increase penalties for motorists if they violate the right-of-way of other road users and cause serious bodily injury or death.

The proposal is sponsored by seven legislators and was authored by the Massachusetts Motorcycle Association, who term it the "Justice for All" bill.

The bill was passed in the Senate last session, but time ran out before the House could act on it. A public hearing for the measure is set for Tuesday, March 18 before the Judiciary Committee.

The bill resembles national legislation that has been filed by the American Motorcyclist Association's "Justice for All" campaign.

Amesbury resident Paul Cote, the legislative director for the Massachusetts Motorcycle Association, said the bill has been in the making for at least four years and that about five other states have passed similar legislation in recent years.

"It's just not here in Massachusetts. The issue is being addressed nationally," Cote said.

Under the current format, Cote said victims are "actually victimized twice" — from injuries and medical bills. The proposal would change the law so that the responsibility of medical expenses is shifted to the operator, Cote said.

In a statement released by the motorcycle group, Cote said more cars in Massachusetts kill people than guns, "yet there is usually only a $35 civil fine."

"It just doesn't make sense how someone can kill another and walk away, while the families are left with holes in their lives that are never filled," Cote said in the press release. "Whether they were a motorcyclist, a bicyclist, a pedestrian or in another car, it's just not right."

Among those scheduled to testify at the public hearing includes Jackie Monahan of Haverhill. Her husband, Larry, was killed while riding his motorcycle in Haverhill on March 18, 2006.

"She's been very supportive," Cote said of Monahan.

If passed, the bill will create a minimum criminal sentence of 21/2 years "for the death or serious bodily injury of any other road user," including bicycle riders and pedestrians, with a 10-year loss of a driver's license; and create minimum criminal sentences of five years and a 15-year loss of license if a person is operating under the influence of alcohol or drugs.

Under the terms of the proposal, "serious bodily injury" is defined as the inability to engage in usual activities for 30 or more days.

The measure would also shift any outstanding medical expenses or loss of wages as the driver's responsibility, and increase the civil fine from $35 to $350.