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Bill > H2179


MA H2179

MA H2179
Relative to increasing the civil fines and financial responsibilities and criminal penalties of motorists who violate the right of way of other motorists, motorcyclists, bicyclists and/or pedestrians, resulting in serious bodily injury and/or death


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

187th General Court

Bill Summary

Relative to increasing the penalties for motorists who violate the right of way of other motorists, motorcyclists, bicyclists or pedestrians, resulting in serious bodily injury or death. The Judiciary.

AI Summary

This bill aims to increase penalties for drivers who violate the right-of-way of others, leading to serious injury or death, by amending existing laws. Specifically, it proposes to raise a fine from thirty-five dollars to three hundred dollars for certain violations and establishes that individuals causing serious bodily injury or death by violating right-of-way rules will be financially responsible for out-of-pocket medical and funeral expenses, actual lost wages, and costs exceeding the at-fault driver's liability insurance limits, even for other insurers who have paid these expenses. Injured parties or their estates can sue the at-fault driver and vehicle owner in Superior Court for these unpaid costs and to transfer medical insurer liens to the at-fault parties. The bill also states that a motor vehicle liability insurer's duty to defend an insured ends once they pay their policy limits, without requiring the injured party to release the insured. Furthermore, it expands the definition of a violation resulting in serious bodily injury to include those in violation of right-of-way rules and clarifies that criminal penalties apply when medical expenses incurred by the victim are twice the offender's liability insurance limits, or if the incident involves total disability or substantial impairment of bodily function for over thirty days.

Committee Categories

Justice

Sponsors (3)

Last Action

Accompanied a study order, see H4364 (on 07/31/2012)

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