By Attorney Ronald Gluck 

The Massachusetts Act to Reduce Traffic Fatalities

Prior to his departure from office in January 2023, Massachusetts Governor Charlie Baker signed into law legislation that is designed to protect vulnerable users of roadways across the Commonwealth. The law, Massachusetts General Laws ch. 358, entitled “An Act To Reduce Traffic Fatalities” seeks to protect bicyclists, pedestrians, skateboarders, roadway construction workers and several  other categories of vulnerable users of the roads in Massachusetts. Significantly, the law requires cars and trucks to have at least four feet of distance between the side of the vehicle and a variety of items and people they are passing on the roadways.  This law is more protective than the prior law which did not include a specific passing distance and was designed to protect only bicyclists. The new law also requires bicyclists to use rear facing red lights at night.  The full list of vulnerable users is as follows:

“Vulnerable user”, (i) a pedestrian, including a person engaged in work upon a way or upon utility facilities along a way or engaged in the provision of emergency services within the way; (ii) a person operating a bicycle, handcycle, tricycle, skateboard, roller skates, in-line skates, non-motorized scooter, wheelchair, electric personal assistive mobility device, horse, horse-drawn carriage, motorized bicycle, motorized scooter, or other micromobility device, or a farm tractor or similar vehicle designed primarily for farm use; or (iii) other such categories that the registrar may designate by regulation

It is expected that enforcement of the new law will be difficult to implement.   In situations in which police officers witness violations of the law, or investigate an accident caused by violations of the law, they will likely issue a citation.  Otherwise, enforcement by way of citation is unlikely.

The legislation is more likely to succeed in protecting vulnerable users of the roadways if it is widely communicated to the public in ways that increase awareness of the new law.  Bill board signage, roadway signs, online communications and social media posts will be necessary to increase driver awareness of the new requirements.

Awareness of the dangers of unsafe passing has increased with the increased use of bicycles throughout the country over the last decade.    However, the challenges facing municipalities seeking to enhance cyclist safety are numerous.  The fact is that most roadways were not built with heavy use by bicyclists in mind.  Municipal budgets often lack funding for road projects that will increase cyclist safety, such as costs associated with creating bike lanes and bike separation from parked cars.  The new law described above is one step that the Commonwealth has taken that will not hit municipal budgets and can save lives.   

The new law also requires that, effective January 1, 2025, all trucks leased by the Commonwealth have protective equipment designed to protect the public. This equipment includes convex mirrors, crossover mirrors, lateral protect devices which reduce the likelihood of bicycles sliding under trucks, and backup cameras.   This legislation was a long time in the making and underwent many iterations before it was finally passed the last day of Governor Baker’s term in office. Although it is certainly not the end all be all protection that we would like to see, it is a step in the right direction.

The number of bicycle fatalities in the Commonwealth has dropped marginally over the past two years.   The number of serious injuries resulting from incidents in which cyclists are hit by cars and trucks appears unchanged based on anecdotal evidence.  The number of cases involving serious injuries from bicycle accidents that my firm, Breakstone, White & Gluck, is handling has increased and illustrates ongoing driver carelessness in areas of high bicycle usage.  Cases include commercial vehicles cutting off cyclists when making right turns, trucks making left turns across traffic thereby cutting off a cyclists’ paths and vehicles moving into bike lanes causing collisions with cyclists.

With the cycling season in full gear at this time of year, it is a good time for owners of cars to review their insurance policies to make sure they have at least $250,000 of underinsured motorist coverage which will help all members of the household if they suffer serious injuries  as a cyclist when hit by a driver who has inadequate liability coverage.  

I hope you all enjoy being back out on the road!

Ron Gluck