Massachusetts Injury Lawyer Blog

Boston's popular Hubway bike sharing program will expand into Cambridge and Somerville next spring, providing more opportunities for healthy, environmentally-friendly and fun travel.

Boston's program, which began in July 2011, is scheduled to close its 60 bike rental stations and 600 bikes this week for the winter. Bikes are expected to be available again next March, weather permitting. At the same time, Cambridge plans to open 20 stations in areas such as Harvard, Central and Inman squares. Somerville plans to open 8 stations including in Porter, Union and Davis squares.

Brookline is also working on adding two Hubway stations at Coolidge Corner and Brookline Village.

Boston's Hubway program had 3,650 annual members in its first season. The system is partly funded by a $3 million grant from the Federal Transit Administration. It is intended for short trips as an extension of public transit. Annual members who pay $85 per year and those with one-day $5 and three-day $12 memberships can take unlimited rides, but they must return bikes within 30 minutes to avoid incurring additional fees.

Among annual members, the average ride lasted 17 minutes.

As officials close up the Boston program for the winter, they report concerns over an increase in bicycle accidents never materialized. The program saw no serious bike crashes requiring ambulance response and only two bike accidents overall.

But one issue is less than half of Hubway cyclists appeared to wear bike helmets, the program reported. Nearly 75 percent of riders on other bikes wore helmets. The city of Boston has tried to boost bike helmet use by working with 30 bike shops to offer subsidized bike helmets for less than $10.

The Boston bike accident lawyers at Breakstone, White & Gluck urge cyclists to learn Massachusetts bicycle laws. Click here for our guide.

We also urge cyclists to consider purchasing bicycle accident injury protection through their automobile insurance policies. Check your uninsured and underinsured motorist coverage, which provides protection if there is a bicycle accident. This insurance is affordable and can ease the physical and financial recovery after a bicycle accident. Click to read our guide What Every Bicyclist Needs to Know About Car Insurance.

Click here to read an article in The Boston Globe about the Hubway bicycle sharing program.

Click here to learn more about Boston's Hubway sharing program.

Continue reading "Bicycle Accidents Rare in Boston Hubway Program, Officials Report" »

Cambridge and Somerville are known as bike-friendly communities, but new state figures show they are also among the most dangerous places for cyclists in Massachusetts.

Cambridge saw 400 bicycle accidents involving cars from 2002 to 2009, according to The 2009 Top Crash Locations Report, which was recently released by the Massachusetts Department of Transportation. Over the past decade, the city had more bike-and-car crashes than any other community in Massachusetts, a recent Boston Herald review found.

Eight of the top 10 areas for bike crashes were in Cambridge. The state's most dangerous bicycling intersection was Inman Square in Cambridge and Somerville. From 2002 to 2009, there were 106 bike accidents around Hampshire and Cambridge streets.

Other Cambridge areas included several sections of Massachusetts Avenue, including through Alewife Brook Parkway on the Arlington border. Porter Square - at Massachusetts and Somerville avenues - had the third highest number of bike crashes.

The state's bicycling population is growing as infrastructure improvements continue and new bike share programs begin. Boston and Salem began bike share programs this summer, while Somerville is expected to launch its program next year.

With this growth and changes in Massachusetts bicycling laws in recent years, it is important for both drivers and cyclists to understand the law and follow it. Here the Boston bicycle accident lawyers at Breakstone, White & Gluck share some basic tips:

• Motorists are required to report accidents with bicyclists resulting in more than $1,000 in property damage or personal injury. It is a good practice to report all accidents in case pain and injuries arise later.
• Leaving the scene of an accident causing personal injury is a crime in Massachusetts punishable by up to two years in jail.
• Motorists are required to identify themselves and the owner of the vehicle to the cyclist, even when bike accidents are not reported to police.
• Bicyclists are required to report all accidents they are involved with that cause personal injury or $100 or more in damage.
• When a bicyclist is injured in a car accident, the driver's auto insurance provides up to $8,000 in Personal Injury Protection benefits (also known as no fault benefits). These benefits cover medical expenses and lost wages, even if the driver was not negligent
• If you are a cyclist, you can protect yourself by purchasing coverage for accidents. Coverage can be purchased through your car insurance policy.

Additional Bicycle Resources
Facts About Cycling in Massachusetts

What Every Massachusetts Bicyclist Needs to Know About Car Insurance

What to Do When Car and Bike Collide. Boston Globe. Sept. 25, 2011.

Continue reading "Cambridge Leads Massachusetts in Bike Accidents" »

Anyone who has recently purchased a $100 bike at Walmart wants to pay attention to a bicycle recall issued this week.

Bridgeway International of Naples, Florida has recalled 91,000 "NEXT"-branded men's 26-inch hybrid bicycles. The products have a defective bicycle chain that can break and cause the bicyclist to lose control and fall in a bicycle accident.

The importer is aware of 11 reported incidents, including nine involving lacerations and other personal injuries.

The bicycles are red and orange and are marked "Power X" and "Suspension." They were sold at Walmart from February 2011 through July 2011 for about $100. The model numbers are LBH2611M and LBH2611M2. The bicycles were manufactured in China.

Consumers are advised to stop using the recalled bicycles. They can contact the company for a free repair at 877-934-3228 or visit www.powerxbike.com for more information.

Defective Specialized Bicycle Recall. Separately, 14,200 bicycles with a defective brake component were recalled this week by Specialized Bicycle Components, Inc., a Morgan Hill, California distributor.

The bicycles have Advanced Group carbon forks and were manufactured by Advance Group, of Taiwan. The brake component housed within the bicycle's carbon fork can disengage from the fork, allowing the brakes to contact the wheel spokes while rotating, posing a risk for falls and bicycle accidents.

There have been two reports of brake components disengaging from the carbon fork. No injuries have been reported.

The bikes were sold at authorized specialized retailers nationwide from June 2010 through August 2011 for $700 to $2,000. Consumers should stop riding these bicycles and return them to an authorized specialized retailer for a free repair or replacement. More information is available at 877-808-8154 or www.specialized.com.

Continue reading "Walmart Recall of 91,000 Defective Bicycles; Specialized Also Issues Bike Recall" »

There is much to plan as students return to school each September. Buying new school supplies and clothes often makes the top of the to-do list, but even more important is planning how your child will travel to and from school safely.

Approximately 17,000 children are sent to U.S. emergency rooms each year in school bus accidents, according to a 2006 report in the journal Pediatrics. Some 42 percent of student bus accident injuries and deaths result from crashes. But nearly 25 percent of school bus injuries occur during the everyday activity of boarding and stepping down from the bus.

There are many ways students travel to school: the school bus, parent car pools, walking and bicycling. All of these carry a risk for injuries and accidents - but this can be greatly reduced when drivers and students follow the rules of safety. Here the Boston personal injury lawyers at Breakstone, White & Gluck offer parents tips to keep their children safe:

Avoiding School Bus Accidents:

• Most Massachusetts school districts do not have seat belts on school buses, but if yours does, explain the importance of wearing one to your child.
• Instruct your child to wait until the bus is completely stopped before trying to board or exit.
• Tell your child to stand at least six feet back from the curb as the bus approaches.
• Explain to children they should never cross the street behind a bus because it may result in a pedestrian accident.
• Wait at the bus stop with young children. If you cannot do this every day, ask another parent to share the responsibility with you.

Avoiding Student Pedestrian Accidents:

• If possible, walk to school with your child. Arrange a neighborhood school walk and have parents take turns supervising.
• If your child is walking alone, explain that he must cross the street in the crosswalk under the supervision of a school crossing guard.
• Have your child wear bright colored clothing to avoid car accidents.

Avoiding Student Carpool Accidents:

• All children should wear seat belts. In Massachusetts, children ages five to seven or up to 4'9" tall are required to travel in a child safety seat.
• Children under the age of 13 should ride in the back seat.
• Explain to children they should talk softly and let the driver concentrate on the road.

Avoiding Student Bicycle Accidents:

• In Massachusetts, children and teens age 16 and under are required to wear bike helmets.


• Do not allow young children to bicycle to school.


• Make sure your child has the appropriate experience on a bicycle and is familiar with traveling the route to school.
• Teach children to ride in the same direction as traffic on the right side of the road.
• Children and teens bicycling to school should wear bright colored clothing.

Continue reading "Protecting Students Traveling To School" »

Local cyclists have long known Cambridge and Somerville offer some of the best riding in Greater Boston. But a popular website now says they are among the foremost biking destinations in the nation.

The Street.com recently released its 10 Best U.S. Bike Cities of 2011 list, naming Cambridge the fifth best bicycling city and Somerville the ninth. Boulder, Colorado was the leader.

Cambridge was praised for the strong network of bicycle lanes and shared lane space along the Massachusetts institute of Technology (MIT) campus and nearby technology companies, such as Genzyme, Sanofi Aventies, Biogen Idec and Akamai.

Cambridge bicyclists make up 8.5 percent of the city's population. The city has several bike shops. Cambridge Police are active in educating the public about taking steps to prevent bicycle accidents. The Cambridge Bicycle Committee has been working to improve safety conditions and reduce bike accidents since 1991.

Somerville was recognized for its bicycling infrastructure and the strong community support for bicyclists. Some 5 percent of the city's residents are cyclists. Many riders are college students, who account for 16 percent of the population. The city neighbors Medford, home to Tufts University, and Cambridge, where Harvard University, MIT, Leslie University and Cambridge College are all based.

Somerville was praised for its "walkable, accessible squares," and bicycle-friendly businesses, which offer Tour de France specials, bicycle valet services and benefits for local bike groups. Businesses also host an annual bike party that shuts down a portion of Davis Square.

Somerville has several bike shops and formed the Somerville Bicycle Committee in 2001. The committee has overseen development of new bike lanes, sharrows and multi-use paths to prevent bicycling accidents and personal injuries. It has also guided the development of on-street bike parking in corrals and the ongoing installation of bike racks.

To read the 10 Best U.S. Bike Cities of 2011 report, click here.

Click here to learn more about Massachusetts bicycling laws.

Continue reading "Cambridge and Somerville Ranked Among Top U.S. Cycling Cities" »

Boston has a new bicycle sharing program, implemented on July 28th, and it is off to a great start. The program, which is known as Hubway, stations bicycles throughout the city at terminals. You can rent a bike for a short period of time, or become a member and have a year of privileges.

Hubway is another step in making Boston a bicycle-friendly city. The city, under the inspiration of Mayor Menino and with the guidance of Olympic cyclist and Bicycle Program Director Nicole Freedman (shown at right with David White, at the Government Center Hubway Station), has expanded its bicycle lanes and its bicycle parking, and it now has added convenient bicycle rentals. 

Hubway deploys 600 bicycles at around fifty stations around the city. A bike can be picked up at one station and parked at another, making the program convenient for commuters, students, and tourists. There is even an phone application called Spotcyle which gives up-to-the-minute data on which terminals have bikes or available parking docks.

David White, one of the attorneys at Breakstone, White & Gluck, called these efforts "great steps to making Boston a safer place to ride your bicycle." The program will also reduce pollution and promote fitness.

White explained, "Cycling becomes much safer as motorists become more aware of bicycles sharing the roadways. Populating the city with hundreds more bicycles will actually increase safety for all bicyclists."

Hubway also promotes safe cycling by urging cyclists to always wear a bicycle helmet, and to always observe traffic laws, which apply equally to bicyclists. 

White urges Boston cyclists to observe Massachusetts bicycle laws (read more here). He also urges cyclists to check their automobile insurance policies to make sure they have adequate uninsured and underinsured motorist coverage, which provides protection if there is a bicycle accident (read more here). 

Congratulations to the City of Boston and Hubway!

Parents are advised to check their children's bicycle helmets after a widespread recall involving popular models sold at Walmart and Amazon.com.

Bell Sports of Scotts Valley, California is recalling 33,600 of its Bell Exodus full-face helmets with a plastic buckle on the chinstrap. The defective bike helmets have an angled visor and were sold in multiple colors in youth size. They were sold at Walmart stores and Amazon.com for $50 to $60 between August 2009 and March 2011.

The helmets pose a head injury hazard in the event of bike accident. The plastic buckle that connects the chin straps can fail and cause the helmet to fall off the person's head, leaving them unprotected in bicycle accidents. The company has received one report of a buckle failing, resulting in a personal injury that required facial stitches.

Some 31,100 of the defective bike helmets were sold across Massachusetts and the United States. Another 2,500 helmets were sold in Canada.

Consumers are advised to stop using the helmets immediately. Click here to view a list of the recalled model numbers.

Contact Bell Sports if you have a defective helmet and request a free replacement. Call Bell Sports toll-free at 866-892-6059 between 8 a.m. and 5 p.m. CT Monday through Friday.

Continue reading "Youth Bicycle Helmets Recalled" »

It is Bay State Bike Week in Massachusetts, a time to focus on safety for cyclists. During this week, cyclists are hard to miss as they gather at large events in Boston, Cambridge and across the state.

But the daily reality is many Massachusetts cyclists are far less visible to drivers, spending the majority of their time riding alone or in small groups. And when drivers get behind the wheel, they usually pay attention to other motor vehicles and pedestrians at crosswalks. But bicyclists and motorcyclists tend to get lost in the scenery, which can lead to bicycle accidents and motorcycle accidents.

We do not make this observation alone. We join many others, including the Transport for London (TPL), which manages a complex transportation network that includes buses, railway, underground trams and more than 900 miles in roads. It also manages a popular cycle hire service, which allows visitors and residents to rent bicycles 24 hours a day from docking stations around the city.

TPL has gained an Internet following in recent years with its "Think!" campaigns, asking members of the public to test their awareness of what they are viewing. We encourage you to watch one eye-opening video below. Others can be found at http://www.awarenesstest.co.uk/.

We suggest that you watch for changes or unique placements on the screen. But even with this warning, many people have to be told how the scene changes. The message: we should all take a closer look as we travel among others in our daily lives.

Motorists should take a closer look on the roadways to make sure they see bicyclists and motorcyclists. Doing so will prevent motor vehicle accidents, bicycle accidents, motorcycle accidents and save lives.

Continue reading "Motorists, Please Help Prevent Accidents: Look Closer for Bicycles and Motorcycles" »

Bay State Bike Week is a good time to remember safety for Massachusetts bicyclists, motorists and all who travel the roads.

Motorists can commit to being vigilant in looking out for bicyclists this summer and slowing down. Bicyclists can ask whether they have taken all possible safety precautions.

These safety precautions must include bicycle helmets. Bicycle helmets are 85- to 88-percent effective in mitigating head and brain injuries in bike crashes, according to the National Highway Traffic and Safety Administration (NHTSA).

Nearly 70 percent of all fatal bike crashes involve head injuries, according to NHTSA figures. But only about 20 to 25 percent of all bicyclists wear helmets.

Individual states govern whether bicyclists must wear helmets. California was the first state to pass a bicycle helmet law in 1986. Twenty five years later, 21 other states have adopted laws aimed at cyclists under age 16. Fourteen states have no helmet laws, though the NHTSA recommends states adopt legislation.

Massachusetts requires helmets be worn by those 16 and younger while operating a bicycle or traveling on one as a passenger. Helmets must be approved by the Consumer Product Safety Commission.

Adults in Massachusetts and other states should not wait for the law to require them to wear helmets. In 2006, 773 bicyclists were killed and another 44,000 were injured in traffic crashes across the country. Children 14 and younger accounted for 98 of those fatalities, making this one of the most frequent causes of injury related death for young children. But the other 675 bicyclists were older and many of them could have also benefited from the protection of a bicycle helmet.

Click here for more information about bicycle helmet laws from the National Highway Traffic Safety Administration.

Continue reading "Helmets Protect Bicyclists of All Ages" »

By Sam Segal

After months of high snow banks, Massachusetts residents are eagerly awaiting the arrival of spring, when they can return to outdoor activities like gardening and bicycle riding.

If you're a cyclist, the U.S. Consumer Product Safety Commission announced a few bicycle recalls you may want to note before the warm weather comes.

Felt Bicycles Recall
Felt Bicycles has recalled their model 2011 F3, F4, F5, and F75 bikes due to a problem with the bicycle fork (the part of the frame that connects the handle bars to the front wheel and allows for steering and balance). The forks on these defective bikes have a danger of breaking, causing the rider to possibly lose control, have a bike accident and suffer personal injuries.

Owners of these Felt bicycles are instructed to stop using the defective bikes immediately and contact their local dealer (866-433-5887) to receive a free inspection and repair.

Novara Fusion Bicycle Recall
REI has recalled their Novara Fusion bicycles with serial numbers U95Y07321, U96Y28393, and sequentially from U96Y28876 - U96Y29128 due to a problem with the bicycle fork. The forks on these defective bikes have a danger of separating from the alloy steerer tube, causing the rider to possibly lose control, have a bike accident and suffer personal injuries.

Owners of these REI bicycles are instructed to stop using the defective bikes immediately and contact their local dealer (800-426-4840) to arrange for a replacement fork to be installed free of charge.

Continue reading "Two Bicycle Recalls To Watch For As Weather Warms" »

Cycling is one of the most efficient, healthy, and environmentally-friendly modes of transportation in Massachusetts. Every day, Massachusetts cyclists take to the streets for their work, commute, recreation, and exercise.

This growing population of cyclists has not gone unnoticed, and local authorities have increased bike lanes and parking throughout the Commonwealth.

New laws have also been passed to protect cyclists by expanding their rights and responsibilities on Massachusetts roads.

With the tragic death of another Boston cyclist, the bicycle lawyers at Breakstone, White, and Gluck want to take a moment to review the current state of Massachusetts Bike Law (G.L. c. 85, § 11B).

Cyclists often have questions about changing laws in Massachusetts and how these changes affect their rights and obligations. Here are some of the most common questions Massachusetts cyclists have, linked to a brief summary of the answers:

What roads can I ride my bicycle on in Massachusetts?
Can I ride my bicycle on the sidewalks in Massachusetts?
Do bicyclists have to stop at red lights?
Do bicycle riders have to use hand signals?
Can cyclists ride next to each other?
Where can I park my bicycle?
Do I need lights on my bike?
Do I need reflectors on my bike?
What should I do if I am injured while riding my bike in Massachusetts?

Continue reading "The Facts About Cycling Safe in Massachusetts" »

Heading back to school is always a big event, no matter how old a student is. Students look forward to meeting new teachers, starting new classes and being reunited with friends.

But all this activity brings safety concerns. Yet if parents, teachers and students recognize the risks and work together, the Back-to-School season can be an enriching time. Here are some tips to keep your children safe:

Playgrounds. Each year, more than 200,000 children are treated in U.S. emergency rooms for falls on the playground. The goal is to implement preventative measures in your playground and make it as safe as possible if falls do occur.

Start by inspecting playground equipment for any defective or broken parts.There should be a 12-inch depth of wood chips, mulch or sand. Mats should be made of safety-tested rubber or fiber material to prevent head injury if a child falls.

Drawstrings on Jackets and Sweatshirts. Many pieces of fall clothing come with drawstrings. Most people think nothing of these until a child endangers himself or a classmate, often unknowingly.

Prevent a dangerous situation where a child gets strangled. Remove drawstrings on hoods. Cut drawstrings from the waist or bottom of jackets, coats and sweatshirts to three inches.

Loops on Window Blind Cords. Visit your child's classroom to ensure it's a safe environment. Look at the windows to see if they have blinds with a long cord. If there are blinds with cords, this is a safety hazard. A child could strangle himself when the teacher's not looking or swallow the plastic piece at the end of the cord.

Bikes. Many students ride their bicycles to school. It's important for drivers to watch out for them, but parents also need to educate students on how to avoid bike accidents. The first rules is bike helmets. Massachusetts has a mandatory bike law for minors under 16. Beyond the law, bike helmets prevent and reduce head injuries should your child take a fall.

To learn more about school safety, visit the Consumer Product Safety Commission web page, "American Goes Back to School Program."

Continue reading "Time to Think Back to School Safety" »

If you're a bicyclist, you know safety's first. Knowing the rules of the road and riding defensively are the best ways to protect yourself from harm. But you must also think finances in case of personal injury. Between lost wages and medical costs, the bills can add up fast. Even if a motorist's involved, their car insurance may not cover all your expenses.

There's good news. You can protect yourself financially in a bike accident with a few changes to your own car insurance. The two smartest things a cyclist can do are:

• Purchase adequate amounts of Underinsured and Uninsured Motorist coverage


• Purchase adequate Medical Payments coverage

These coverages are affordable. In fact, you can access up to $100,000 of Medical Payments coverage for just $71! Read on as Boston personal injury lawyer David White shares his advice to cyclists for keeping safe and protecting their wallets.

Click here for full article.

Continue reading "Massachusetts Bicyclists Can Protect Themselves With Car Insurance" »

Commuters across the state have been pedaling their way to work, the grocery store and other destinations all week as part of Bay State Bike Week and the Mass Commuter Challenge.

Commuters pledged to step out of their cars from May 17-21 and pedal 175,000 miles to workplaces from Worcester to Boston to Plymouth and across the rest of Massachusetts.

The challenge was organized to promote a healthy, non-polluting and sustainable means of transportation. Breakstone, White & Gluck supports this mission but hopes the Mass Commuter Challenge also highlights another important point: that as more bicycles take to the road, drivers and bicyclists must be more aware of each other for safety's sake.

There are far too many bicycle accidents taking place on the roads today. In 2008, 716 bicyclists were killed across the country and an additional 52,000 were injured in traffic crashes, according to the National Highway Traffic Safety Administration. The NHTSA numbers show that 69 percent of bicycle accidents occured in urban areas and 28 percent of accidents occured between the hours of 5 p.m. and 9 p.m. The majority of the accidents occured in June (9 percent) and September (12 percent).

What Drivers Can Do to Improve Safety
The laws have changed significantly in the last year. Drivers have many more responsibilities to avoid injuring bicyclists. The first step is to be aware that you need to check twice for a cyclist. When overtaking cyclists, you cannot turn right unless there is adequate room, and you must yield to on-coming cyclists when turning left. When passing, you must do so at a safe distance. And remember to pay attention even after you turn off your motor vehicle's engine. Under Massachusetts bike safety laws, motorists and their passengers can be fined up to $100 for opening car and truck doors in the path of a bicyclist.

A final tip: Put down that cell phone and concentrate on the road!

What Bicyclists Can Do to Improve Safety
Bicyclists can remember that bright colored reflective clothing and helmets save lives. Massachusetts only requires individuals age 1 to 16 to wear helmets, but we advise adults to wear them as well to avoid head injuries. Cyclists must obey the same rules as automobiles when on pubic ways. One of the biggest causes of accidents to cyclists: traveling the wrong way on a one-way street.

For more information about events in Boston and the Springfield area, visit www.masscommuterchallenge.org or www.massbike.org.

Continue reading "Mass Commuter Challenge and Bay State Bike Week Remind Us to Pay Attention on Roads" »

We were pleased to see city officials convene a Boston bicycle safety summit last week to discuss ways to improve public safety on the roads.

As Boston personal injury lawyers, we spend our days handling cases of wrongful death and serious personal injuries resulting from Massachusetts bicycle accidents. But our work only helps victims cope with circumstances that could have and should have been prevented.

We know the best remedy for victims of serious bicycle accidents is meaningful dialogue and education. We applaud the city of Boston and Mayor Thomas Menino for providing this after a handful of Boston bike accidents, including one fatal collision that killed cyclist Eric Hunt.

News of the Boston bicycle accidents brought a couple hundred bicyclists to last week's Boston bicycle safety summit. Menino and Nicole Freedman, director of the city's Boston Bikes program, showed they were ready to listen along with state Transportation Secretary Jeffrey Mullan, Boston police commissioner Edward Davis and several other state and city officials.

As Boston personal injury lawyers with over 30 years experience, we have seen many well-intentioned efforts and discussions spring from wrongful deaths and serious personal injuries. But as the media spotlight fades and we start our work of seeking compensation to help the victims and their families go on with their lives, we've also seen these good efforts subside.

The city has promised to hold another summit in three months. The Boston personal injury lawyers at Breakstone, White & Gluck hope this summit takes place as planned. We call on bicyclists and officials to participate as widely as you did last week to make sure the important gatherings continue. Your input will make Boston safer for cyclists and drivers alike.

Our firm supports several bicycle safety programs in Massachusetts. We are proud supporters of MassBike, the Northeast Bicycle Club, the Charles River Wheelmen, Bikes Not Bombs and the New England Mountain Bike Association.

Continue reading "Stay Committed for Second Boston Bike Safety Summit" »