Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1036

Introduced
2/27/25  

Caption

Relative to liability for accidents and collisions with vulnerable road users involving large motor vehicles and trailers

Impact

If enacted, the bill would amend Chapter 231 of the Massachusetts General Laws, creating a significant shift in how liability is assessed in accidents involving large vehicles and vulnerable road users. The introduction of a rebuttable presumption of negligence for non-compliance with safety regulations could lead to increased accountability for drivers and potentially reduce the incidence of serious accidents. This may encourage vehicle operators to prioritize the safety features required by law, thus enhancing overall road safety for vulnerable segments of the population.

Summary

Bill S1036, presented by Senator William N. Brownsberger, seeks to address liability concerns for accidents involving vulnerable road users, which includes pedestrians, cyclists, and other individuals who may be at greater risk while using the road. This legislation proposes a rebuttable presumption of negligence against drivers of large motor vehicles, defined as those with a gross vehicle weight rating of 10,001 pounds or more, if they are involved in collisions with these vulnerable users and have failed to equip their vehicles with certain safety devices.

Contention

Notable points of contention surrounding Bill S1036 may revolve around the implications of establishing a presumption of negligence. Opponents of the bill might argue that it could lead to unfair liability for accidents that were not necessarily the fault of the driver, especially in complex traffic scenarios. Additionally, the bill's requirements may impose financial burdens on vehicle operators, particularly in terms of retrofitting vehicles with the necessary safety equipment. Therefore, while advocating for improved safety for vulnerable road users, the bill raises important discussions about liability standards and the economic impact on the trucking and transportation industries.

Companion Bills

No companion bills found.

Previously Filed As

MA H3463

Relative to Massachusetts Civil Air Patrol vehicles and trailers

MA S2264

Relative to pup trailers

MA S916

Relative to governmental and charitable tort liability

MA H1583

Increasing the liability for permitting an intoxicated arrestee to operate a motor vehicle

MA H1065

Relative to surcharges on motor vehicle insurance premiums

MA H3421

Relative to motor vehicle leasing parity

MA S2284

Relative to motor vehicle leasing parity

MA S2245

Relative to the fueling and confiscation of off-road vehicles

MA S402

Relative to family visitation with a vulnerable adult

MA H930

Authorizing insurance providers to extend motor vehicle liability insurance rebates to customers with safe driving records

Similar Bills

No similar bills found.