Wheels Of Grace Magazine

Volume 8, Issue 5

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Industry Industry Industry Industry Industry Industry IN MISSISSIPPI HIGH COURT ALLOWS NEGLIGENCE SUIT AGAINST STATE DOT TO PROCEED: The Mississippi Supreme Court has decided not to throw out a negligence lawsuit against the Mississippi Department of Transporta on over the death of a Gulfport Bandidos Chapter officer when he crashed his motorcycle in a construc on zone. The Clarion-Ledger reports that Christopher Adams died in December 2010 when his motorcycle wrecked on Interstate 10 in Jackson County. The lawsuit says Adams accidentally drove into a construc on zone, then a empted to navigate back to an open lane, hit an uneven surface and crashed. Adams's wife, Dominique Adams, filed a lawsuit against MDOT, the Mississippi Transporta on Commission and Mille e Brothers Construc on Co. Inc. The lawsuit makes several allega ons, including that the defendants failed to place proper warnings in advance of the lane closures. In 2014 a lower court judge denied a mo on from MDOT and MTC to dismiss the case. IN NEW YORK: SENATE PASSES BILL TO BETTER PROTECT MOTORCYCLISTS Creto-Kade's Law would ensure a misdemeanor charge against any driver who disobeys traffic law and causes serious bodily injury or death to another person, while carrying a punishment of 30 days in jail and/or a minimum fine of $300. The N.Y. state Senate passed S6748-A, a bill sponsored by state Sen. Rich Funke, R-Perinton, to crack down on motorists who endanger motorcyclists, pedestrians and others as a result of reckless or careless driving. The legisla on, also known as "Creto-Kade's Law," is dedicated, according to a news release from Funke's office, to the memories of Kade O'Brien, who was struck and killed while riding his motorcycle on April 11, 2011, in Pi sford, and David (Creto) Sherry, who was struck and killed while riding his motorcycle on July 11, 2014, in Guilderland. "I con nue to be awed by the commitment that Ed O'Brien (Kade O'Brien's father) and supporters of Creto-Kade's law have poured into its advocacy, and I'm honored to have played a part in passing this bill in Kade's memory," Funke said in the news release. "Through stricter penal es, we hope to send a strong message that it's on all of us to be safe and a en ve drivers on the road, because no life is worth only a $35 fine. On behalf of the O'Brien family and Creto-Kade's passionate supporters, I hope to see this bill pass the Assembly and be signed into law by the governor as soon as possible." Under exis ng state law, there is no serious penalty for commi ng a moving viola on that results in the death or serious bodily injury of another person, unless the viola on is considered Vehicular Manslaughter or falls under a separate offense, such as driving under the influence or driving with a revoked/suspended license. Following the accident that killed O'Brien, the offending driver was found to be responsible and charged with failure to yield the right of way, for which he paid a $35 fine, the minimum penalty applicable under the charge. Creto-Kade's Law would ensure a misdemeanor charge against any driver who disobeys traffic law and causes serious bodily injury or death to another person, while carrying a punishment of 30 days in jail and/or a minimum fine of $300. IN PENNSYLVANIA: Motorcyclists show support for new distracted driving legisla on HARRISBURG, Pa. - Dozens of motorcyclists are asking lawmakers to pass new distracted driving legisla on. Members of the Alliance of Bikers Aimed Toward Educa on, or ABATE, rallied for House Bill 853 at the Capitol. The measure would increase penal es for distracted driving incidents that result in serious injury or death. Supporters say they hope the bill will reduce distracted driving, which they say has become a bigger problem on the roads. "I've been riding motorcycles for over 40 years, and, quite frankly, I think the highway is more dangerous today than it's ever been," says ABATE lobbyist Charles Umbenhauer. "That's mainly because of the social media things, people on cell phones, people tex ng. Unless the penal es are increased, people are just going to con nue to do that. And that puts everybody at risk, not just motorcyclists." The bill is called Daniel's Law, named for Daniel Galla n, who was killed in 2013 when a woman who was tex ng while driving struck his motorcycle. "We don't want my dad's legacy to be how he died," says Michelle Galla n- Baughman, Daniel's daughter. "We want his legacy to be the number of people saved with this bill." Representa ve Jaret Gibbons (D-Beaver, Butler, Lawrence Coun es) is the sponsor of the bill. The legisla on currently sits in the House Judiciary Commi ee. IN WEST VIRGINIA: WILLIAMSON, a Senate Bill took effect that gives coun es and municipali es within the Ha ield-McCoy Recrea on Area the op on to permit and regulate the use of off road motorcycles on public streets, roads and highways. Senate Bill 39 was introduced in January 2016 and was passed in May 2016 during the 2016 regular session of the West Virginia Legislature. The bill impacts West Virginia Code 17F-1-3 "rela ng to authoriza on and regula on of unlicensed off- road motorcycles upon public streets, roads and highways by municipali es and coun es within the Ha ield-McCoy Recrea on area." Currently, coun es and municipali es within the recrea on area are already authorized to permit and regulate the use of all- terrain vehicles (ATVs), but not off road motorcycles. Senate Bill 39 allows local governments in the recrea on area to allow or prohibit off road motorcycles provided that the vehicle is properly permi ed by the Ha ield and McCoy Recrea on Authority and being used to travel to and from a Ha ield-McCoy trailhead for fuel, service, food or lodging. WheelsOfGrace.com Volume 8 Issue 5 15

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