Days after Christmas, a 13-year-old boy walking down a Taunton road was struck and killed by a driver who told police he was trying to type a text message on his phone.
In October, a 17-year-old Southbridge girl driving to school crashed and died when she veered off the road just after receiving a text message.
State lawmakers this week are preparing to debate banning the use of all hand-held calling devices while driving.
The legislation, which would ban drivers from text messaging and using hand-held phones, is expected to be voted out of the Joint Committee on Transportation today and go before the full House on Wednesday. Violators would be fined $100 for the first offense, $250 for the second, and $500 thereafter.
"It's grown to dominate the driving landscape," said Representative Joseph F. Wagner, a Chicopee Democrat who is the committee's cochairman and sponsor of the legislation. "And when you consider that in order to use a cellphone or text-messaging device, you have to take your eyes off the road. There are public safety issues here."
The legislation would also ban drivers from using pagers, PDAs, and laptops. It would not affect audio equipment or Global Posi tioning Systems, and would not apply to public safety officials or civilians responding to emergencies.
The use of hands-free technology would be allowed, so drivers could still talk on cellphones as long as they had earpieces.
About a dozen bills were filed on the issue last year, but they failed to gain traction on Beacon Hill.
The renewed calls for action came after a hit-and-run accident two weeks ago that killed a 13-year-old boy. Craig P. Bigos, 31, of New Bedford, is charged with striking and killing Earman Machado on Dec. 27 after veering off the road while typing a text message.
Bigos faces charges that include motor vehicle homicide, leaving the scene of an accident resulting in death, and driving without a license. He turned himself in to police hours after the accident when he realized he had hit the teen, according to authorities.
The boy's father, Manuel Machado, said, "It is a law they should pass."
"I know there's nothing they can do to bring my son back," he said. "But there has to be a message sent.
"I use a cellphone, too, but we have to be careful," he added. "We have to be aware of where we go so that we don't claim an innocent victim on the street."
Under current law, Massachusetts police can hand out tickets for distractions that impede driving, such as having unwieldy items hanging from a rear-view mirror or eating while trying to drive, but the law allows the use of cellphones as long one hand remains on the wheel.
In mid-October, Amanda Martin, a 17-year-old high school student, was killed in Charlton when her car went off the road and hit a tree as she drove to school. Police believe text messaging may have been to blame for the accident because she received a message at 7:22 a.m., and the accident occurred three minutes later.
Amanda's mother, Melissa Martin of Southbridge, said in a phone interview that she no longer uses her cellphone while driving and that her younger daughter, Lainey, 14, has started talking to classmates about not texting and driving.
"You know Amanda was a great person, definitely too young, and as parents we constantly talked to her about texting and driving and cellphone usage," Martin said. "And you know I hope that the law goes through . . . [because] it's very distracting to be driving and texting and talking on the cellphone."
In addition to fines, the legislation would suspend the license of drivers under age 18. They would lose their license for 60 days for the first offense; 180 days for the second; and a year for the third.
California, Connecticut, New Jersey, New York, Washington, and the District of Columbia have banned drivers from using hand-held cellphones, although hands-free devices are allowed.
In May, Washington became the first state to specifically ban text messaging for all drivers. New Jersey followed in November, and other states are considering similar measures.
State Police said they were unaware of any other accidents caused by text messaging in Massachusetts, but as the technology has become more popular nationwide, so have crashes caused by the distraction.
According to news reports, in 2005 a Tennessee man died after he lost control of his pickup truck while attempting to send a text message. A 17-year-old in Colorado was sentenced to 10 days in jail last year after killing a bicyclist while looking at a text message on his cellphone.
According to an in-depth study released last year by the National Highway Traffic Safety Administration, nearly 80 percent of all crashes and 65 percent of all near-crashes occur when drivers are distracted; the survey found the leading cause of distraction is dialing or talking on cellphones. A survey released this year by Nationwide Mutual Insurance found that 19 percent of all drivers - and 37 percent of drivers ages 18 to 27 - engage in text messaging while driving.
Matt Viser can be reached at maviser@globe.com.![]()


