Distracted driver who struck woman, dog in crosswalk gets to keep license

FRAMINGHAM, Mass. — The distracted driver who hit a Framingham mother and her dog will be able to get back on the road.

Since the August 2016 crash, Jillian Kaplan has fought for the passage of the distracted driver bill that was never passed.

"I'm really really lucky that I survived. It was hell to live through, honestly," said Kaplan.

In 2016, Kaplan was in a rehab facility with fractures to her face, chest and pelvis after then 55-year-old Steven King struck her in a crosswalk in front of her home. King, who is hearing impaired, took his hands and eyes off the road to use sign language with his passenger.

>> Framingham mom calls for tougher distracted driving penalties 1 year after being hit

"The driver made the choice to take his hands and eyes off the road while driving and because of that, he caused an accident," said Kaplan.

King was found guilty.

Boston 25 News has obtained the court paperwork showing while prosecutors asked for probation, King's license to be suspended and 50 hours of community service, the judge placed him on probation and allowed King to keep his license, allegedly saying it was an inconvenience to take it away.

"I was really inconvenienced when I was in a wheelchair for 3 months and I had three surgeries. And they didn't know if I would walk again and I experienced a traumatic brain injury. Yet, it's too inconvenient for him to take away his license for any period of time," said Kaplan.

Kaplan testified at the State House this year in support of the distracted driver bill. It would impose heavy fines and stiffer penalties for anyone found guilty of distracted driving, especially cellphone use.

"I wasn't aware I'd be the only living victim there," said Kaplan.

The bill died in the House this year. State Rep. Byron Rushing had concerns over the legislation's unintended consequences, like increased traffic stops of black and Hispanic drivers.

According to the DMV, nine people in the U.S. are killed each day as a result of a crash involving a distracted driver. Eighty percent of registered Massachusetts voters approve banning cellphone use behind the wheel.

Cox Media Group