Riders Testify in support of House Bill Number 1405

Date - September 29, 2009

(State House, MA) - Today, riders testified in a "panel group," before the Joint Committee on the Judiciary, in support of House, No. 1405, a bill seeking to shift the financial burdens accident victims face, back to the at-fault operators.

State Senator Steve Brewer and Rep. Anne Gobi spoke first in support of HB 1405. Then the bill's author, Paul W. Cote, introduced the HB 1405, it's intent and significance , and the panel.

Panel testimony began with Jeff and Leila B. Leila testified about her accident where another vehicle hit her in an intersection, breaking every bone in her right leg. Over $71,000 in medical bills, the at-fault driver only has $20,000 in liability limits. Her husband Jeff, riding behind her and witnessing the accident, testified how the financial burden of the medical bills have affected their lives, through no fault of there own.

Next up, Mark P. of Natick testified how he lost one friend in 1998, and another in 2004, due to right of way violations. Betsy Lister testified, as a long time insurance agent and former director of motorcycle safety and awareness, how she gets calls after horrific accidents, and there is not enough coverage to compensation the victims.

Tom N. of Middleboro testified about his accident, when a driver turned left in front of three on-coming motorcyclists, that he lost his best friend, while suffering injuries and incurring medical expenses in excess of $30,000, . . . and ongoing, yet he only recovered $25,000, due to the inadequate limits of that at-fault operator. He lost his home, he still requires treatments and services.

Bill Gannon testified it's not about criminal penalties - that it is about adequate insurance and judges making meaningful sentences, to include community sentencing that helps prevent others from these injustices.

Cote wrapped up the testimony, reminding Committee members, who are mostly lawyers, that "tort law" is a remedy to 'right a civil wrong.' That the elements of HB 1405 seek to prevent victims of accidents from being 'victimized twice,' and to make the at-fault operators assume the financial burden they cause in excess of their liability insurance limits.

While another bill filed seeking to increase the criminal penalties of right of way violations, no one testified in support of that bill. Gannon spoke in opposition to that bill, telling Committee Members that in one accident a Judge revoked a person's right to operate for life. . . but that bill would have only taken away, that right for 180 days.

"Judges should use 'community service sentencing' - where appropriate," to make those at-fault operators tell their stories to others in hopes of preventing these accidents.

Riders are encouraged over the next two weeks to contact their own State Senators and Representatives, asking them to support HB 1405, by writing to the Joint Committee on Judiciary chairpersons, to vote HB 1405 out of Committee, with a 'favor, ought to pass' recommen dation.

For more information, contact me at claimscote@aol.com or www.JusticeRider.com.