An Act to Include Serious Bodily Injury in the Law Governing Motor Vehicle Violations Resulting in Death
Summary
LD 1886 amends Maine’s motor vehicle offense for causing death while committing a traffic infraction so that it also applies when the driver causes serious bodily injury. Under the bill, a person who, while operating a motor vehicle and committing a traffic infraction, causes either the death or serious bodily injury of another person may be charged under the same general offense. The bill also updates the pleading and proof language to require the court to assess causation under the referenced causation statute.
The measure retains the existing penalty structure for this offense: a fine of up to $5,000, the possibility that some or all of the fine may be satisfied through court-ordered community service, and a driver’s license suspension of at least 14 days and up to 4 years. It also incorporates the criminal code definition of “serious bodily injury” by reference, aligning the traffic-law offense with the broader criminal-law definition.
Impact
This bill expands 29-A M.R.S. § 2413-A by adding serious bodily injury to a statute that previously covered only motor vehicle violations resulting in death. As a result, prosecutors and courts may apply the offense in cases where a traffic infraction causes severe injury even if the victim does not die, and the same fine and license-suspension penalties may be imposed. The bill affects drivers, victims of serious crashes, prosecutors, and courts by broadening the range of conduct subject to this enhanced traffic offense.
Sentiment
The available voting history suggests the bill was generally well received in the Legislature. It passed the House with a strong majority, 108 yeas to 32 nays, indicating broad support for expanding accountability in serious crash cases. The bill was enacted and approved by the Governor, which further suggests the proposal had sufficient bipartisan or cross-chamber backing to become law.
Contention
The main point of contention appears to have been whether the offense should be expanded beyond deaths to include serious bodily injury, which can raise questions about how broadly the law should reach and how causation should be proven in traffic cases. Opponents may have been concerned about increasing criminal exposure for drivers involved in accidents that result in severe injury, while supporters likely viewed the change as a necessary update to address equally serious harm short of death. The recorded vote shows meaningful opposition, but not enough to prevent passage.
A bill for an act relating to additional penalties for violations for failing to reduce speed when required or otherwise control a motor vehicle that result in serious injury or death.(See HF 173.)