Massachusetts Injury Lawyer Blog

July 13, 2020

Backover Accidents Endanger Children

45128146_s It is frightening to watch a driver back up onto the path of a child at play. Many of these car accidents occur right in home driveways, injuring and killing young children. In fact, at least 50 children are killed by backover accidents each week, according to KidsandCars.org. More than 70 percent of backover accidents involve young children and a parent or a relative.

As a Massachusetts driver, you can work to prevent backover accidents through a combination of steps. You can use a back-up camera. Stay aware of your blind zone. Near children, the most effective prevention may be getting out and walking around your vehicle. Make sure you have a clear path of travel and if you don’t, practice a little patience for safety. Stay where you are for an extra few minutes until the children have gone back inside.

As traumatic as backover accidents are, many injuries are preventable if drivers focus more and make use of technology and if families communicate and plan. Involve friends and family who visit and park at your home in this conversation. Before they arrive, suggest a safe parking space.

Comings and Goings. Start by keeping your family together when someone arrives and leaves. Keep children inside and let them wave to the driver from the window. If children are outside, an adult should be outside supervising them. Gather them together on the front steps or a safe place. Hold on basketball, bikes or riding toys until the person leaves. It’s hard for a young child to resist chasing a ball.

Walk Around the Vehicle. Even if drivers have a back-up camera, walk around your vehicle. Check underneath your vehicle and observe if a child or anyone is nearby or may move into your path of travel (such as a child riding a bike or someone pushing a shopping cart).

Park Consistently. As a parent, park your vehicle in the same place in your driveway or garage each day. Be consistent with your approach. For instance, if you pull into your driveway – or back into your driveway – try to do the same thing each time. Make sure your children are in a safe place when you do this. For instance, in the backseat of your car as you back into your driveway or inside your home.

Large Vehicles. Trucks, SUVs, RVs and vans are more likely to cause backover crashes, according to NHTSA. The taller the vehicle, the greater the driver’s blind zone. Delivery trucks also fall into this category. What families can do is encourage children to play in the backyard some or most of the time. You can also place cones or some other type of barrier in the driveway to encourage large vehicles to park on the side of the road.

Blind Zone. The blind zone is the area behind a vehicle which a driver can’t see. Whatever vehicle you drive, learn about your blind zone. Consumer Reports found small sedans usually have a 12 foot blind zone for the average driver. Midsized SUVs have an 18-foot blind zone, while large SUVs have 19 feet. Pick-up trucks have the largest blind zone among the passenger vehicles – 24 feet. Parents should be aware of blind zones as well.

Back-up Cameras. As of May 2018, all new passenger cars, trucks, vans and other vehicles weighing less than 10,000 pounds have to be outfitted with rearview monitoring technology, according to Edmunds.com. If you are driving an older vehicle, you can install a back-up camera on your own – and it is an important tool which can save lives. Read “How to Install a Rearview Camera in an Older Car,” by Consumer Reports.

Bicycles and Pedestrians. Backover accidents can also injure adults, including cyclists and pedestrians. Look all around your vehicle before you pull out of a parking space. Be aware of different types of activities in downtown and other business areas. When possible, avoid parking near crosswalks.

Parking Lot Crashes. In parking lots, pull into parking spaces whenever possible. Keep watch of pedestrians and shoppers. Depart the parking space safely. Set aside cell phones and do not drive when you are overfatigued.

Another note is right now, many Massachusetts grocery stores, retailers and restaurants are offering curbside pick-up services. While convenient, remember not every business is experienced with curbside pick-up. Drive into parking lots slowly and watch for curbside pick-up signs. If there are no signs, find a parking space and call the store.

Boston Car Accident Lawyers – Free Legal Consultation

At Breakstone, White & Gluck, our Boston car accident attorneys specialize in representing victims of car accidents and pedestrian accidents. We represent those injured across Massachusetts, from Boston and Cambridge to the North Shore to Quincy and the South Shore and Cape Cod.

For a free legal consultation, contact our attorneys at 800-379-1244 or 617-723-7676 or use our contact form.

July 8, 2020

Breakstone, White & Gluck Gives Free Helmets to Lowell Students at Bike Giveaway

by Breakstone, White & Gluck

Photo courtesy: The Bike Connector – The Bike Connector gave away 20 refurbished bikes to Lowell students and their families on July 2nd. Breakstone, White & Gluck gave each cyclist a free bicycle helmet from our Project KidSafe campaign.

The Bike Connector Gives Away Refurbished Bikes and Helmets to Lowell Students

Photo courtesy: The Bike Connector – The Bike Connector gave away 20 refurbished bikes to Lowell students and their families on July 2nd. Breakstone, White & Gluck gave each cyclist a free bicycle helmet from our Project KidSafe campaign.

Breakstone, White & Gluck recently teamed up with a new partner, The Bike Connector in Lowell, on our Project KidSafe campaign. About 18 months ago, a Lowell high school teacher and Wade Rubinstein, a local cyclist and businessman, came up with the idea to introduce at-risk high school students to bicycles, also teaching them valuable mechanical and life skills. The Bicycle Academy was born, offering earn-a-bike and DIY bike workshops right at Lowell High School Career Academy. This started to open new doors for students who needed reliable transportation to school or wanted to try cycling.

The Bicycle Academy has now grown into The Bike Connector, a not for profit corporation which makes bicycling safe and accessible for Lowell residents. To date, The Bike Connector has given away 100 refurbished bicycles. Despite the challenges of 2020, The Bike Connector partnered with Lowell Career Academy on July 2nd and gave away 20 refurbished bikes to high school students and families. As a COVID-19 precaution, the event was planned a little differently. Rather than a gathering, students scheduled times to pick out bikes and be fitted for bikes.

July 7, 2020

After Fatal Dog Attacks, a Tragic Warning for Massachusetts Families

by Breakstone, White & Gluck

Dog owners made horrific decisions which killed young children in 2019. In Massachusetts, a 14-year-old boy was mauled to death by at least four dogs in Dighton. Then, in Michigan, two young children lost their lives to separate pit bull attacks, just months apart.

No one wants to think about the potential dangers of dogs. This is because many people own a dog or call themselves dog lovers. But the reality is dogs can be a public health risk when left unsupervised or when owners make poor decisions. Or when they interact too closely with children. Now, during the summer months, is the time to consider your family’s safety.

Children face the greatest risk of injury and suffer more than 50 percent of all dog bites, according to the Children’s Hospital of Pittsburgh.

Dog bites and attacks caused severe injuries and deaths across the United States and here in Massachusetts last year. In May 2019, a 14-year-old boy was killed in a dog bite attack in Dighton. He was found laying dead at a property where he was caring for dogs without supervision. There were 4 dogs in the area where his body was found and 7 other dogs on the property, according to a NBC Boston report. The dogs were reportedly not licensed in Dighton.

The boy’s grandmother had dropped him off on the large property to tend to the dogs, as she had for several months, while the dogs’ owner was away in Boston, according to the Sun Chronicle newspaper. The grandmother waited in the car and grew concerned when the boy did not return. A neighbor found the boy dead and police were called. The Bristol County District Attorney’s office investigated but declined to criminally charge the dogs’ owner.

Then, the state of Michigan lost two young children within a few months. In August 2019, three pit bulls savagely attacked a 9-year-old girl in Detroit as she rode her bike in an alley near her home, according to a local news report. The girl died from multiple injuries, despite a neighbor’s attempt to help, by shooting and killing one of the dogs. The owner of the dogs was arrested, ultimately charged with second-degree murder.

Prosecutors alleged the owner knew the dogs “were dangerous, loose and unsecured” in the backyard of his home, according to the news coverage. He allegedly went to a nearby store and the dogs broke free from the yard while he was away. The initial investigation found the fencing around the home was damaged and the garage door had also been left open.

In October, another child was attacked just a few miles away in Hazel Park, Michigan. This time, the 4-year-old boy was killed by a pit bull right in his own home. His family had been pet sitting for a friend.

“A kind gesture to help a friend in a time of need, for a dog that was said to have never shown aggressive behaviors has turned into a horrifying loss for our family,” the family said in a statement.

The attack only ended when police shot the dog with a taser gun and it fled. The boy was later pronounced dead at a local hospital. The boy’s mother had fought to save her son, stabbing the dog with a knife. She was later transported to a local hospital with non-life threatening injuries.

A Dog Owner’s Legal Responsibilities in Massachusetts

Always use a dog leash when you walk through your neighborhood.

To dog owners, we urge you to tend to your responsibilities. Follow your community’s local leash laws and registration requirements.

Restrain and supervise your dog at all times. In Massachusetts, the owner or keeper of a dog can be held financially responsible when their animal attacks someone. Under Massachusetts law, the injured person may seek compensation through your Massachusetts homeowner’s insurance policy. There is strict liability when a dog causes injuries, scarring or wrongful death. One does not have to prove the dog had a history of being dangerous or vicious.

Adults have a responsibility not to trespass or torment a dog at the time of the attack. But dog owners can be held liable when young children step onto their property without invitation, then are attacked. This is a very important point for dog owners to understand.

Homeowners can prevent these injuries by inspecting their home and property. Consider the age of your neighbors’ children. In most cases, the best investment you can make is strong fencing which keeps your dog contained and stops children before they grow interested in watching your dog. Read more about Massachusetts dog bite laws on our website.

Child near a dog, a delicate situation because dogs cause many severe and fatal injuries to children in Massachusetts.

When you visit friends or family, keep young children away from their dog. You will have plenty of time to introduce your child to dogs later, as they grow older.

To parents and neighbors, never underestimate the risk of dogs. Dog bites and attacks are more common than most people realize, even when you and your children know the dog. In fact, 77 percent of dog bites cause injury to their owners and children, a relative or family friends, according to the Children’s Hospital of Pittsburgh.

Dogs may be well behaved. Owners can feed and exercise them regularly. Yet they can still be unpredictable or become stressed and attack without warning. They are not a reliable combination with young children, no matter how dog-friendly their owner says they are.

We encourage you to exercise caution around dogs. If you are a parent, keep your children away from dogs. You have the choice when you visit friends or family members who own dogs. These are social visits and letting your child approach a dog while you talk is dangerous, even if they are with another person or older child. You want to introduce your child to dogs when they are older, taking time to consult your children’s pediatrician and school. You want to be right there with your child, not watching them from across a yard.

Watch Your Neighborhood

The risk for dog bites typically rises in the summer, with the warm weather and the start of school vacation. This year, Covid-19 has changed everything in Massachusetts. Your neighbors may be spending even more time at home. You may see their dogs out more, sometimes without supervision. You may also see some new dogs.

Call your local animal control officer if you are concerned about an unsupervised dog. Your neighbors have a responsibility to follow leash laws and these are in place to prevent injuries. Another reason is some of these dogs may also be abandoned, neglected or starved. They need special attention before they contract and spread rabies, or attack.

Facts About Dog Bite Injuries

From 2005 to 2018, 471 Americans were killed by dog bites, according to DogBite.org, a victim’s group.
Pit bulls caused more than 65 percent of fatal dog bites and attacks, according to the group.
Children age 5 to 9 are the most frequent victims of dog bites and attacks, according to a WBUR article.
Dogs are most likely to bite children in the face, neck and head, the Children’s Hospital of Pittsburg reports.

Seeking Medical Treatment After Dog Bites and Attacks

Most dog bites and attacks are serious. Call 911 and wait for emergency medical services. Even if you or your child have only suffered a minor wound, we encourage you to still call your pediatrician or doctor. Ask to be treated right away. This is critical because not all dogs are vaccinated.

Free Legal Consultation- Boston Dog Bite Lawyers

Breakstone, White & Gluck has more than 100 years combined experience representing victims of dog bites and attacks in Boston and across Massachusetts. If you or your child has been injured, you may have the right to pursue financial compensation for your recovery. You may be entitled to seek damages for medical expenses, pain and suffering and other financial losses. This compensation can also pay for counseling for emotional distress.

Learn your legal rights. Call our Massachusetts dog bite attorneys for a free legal consultation at 800-379-1244 or 617-723-7676.

June 30, 2020

Attorney Ron Gluck Warns Boston Cyclists About the Risks for “Right Hook” Truck Crashes

by Breakstone, White & Gluck

Attorney Ron Gluck

Attorney Ronald E. Gluck writes about the risk of right hook accidents in this month’s WheelPeople, the Charles River Wheelers‘ newsletter.

Attorney Gluck has extensive experience representing Boston-area cyclists who have been injured when truck drivers make unsafe “right hook” turns at intersections or driveways. In this month’s article, he discusses a truck driver’s responsibility to yield to cyclists in Massachusetts. He also writes about his own experience investigating right hook crashes for his clients. Then he offers safety reminders for cyclists, urging them to “keep a watchful eye” on large trucks.

“My experience tells me that right hook “accidents” are almost always avoidable if both the driver and cyclist keep a watchful eye out on the other,” he says.

Read the article, “Watch Out! Trucks and Right Hooks.”

June 24, 2020

Breakstone, White & Gluck Partners with The Bike Connector to Protect Lowell Students on Bikes

by Breakstone, White & Gluck

Attorney David W. White and Wade Rubenstein, executive director of The Bike Connector in Lowell. Breakstone, White & Gluck donated free bicycle helmets as part of its Project KidSafe campaign to prevent head injuries.

Attorney David W. White and Wade Rubenstein, president of The Bike Connector in Lowell.

Attorney David W. White was pleased to deliver 100 bicycle helmets to Wade Rubinstein of The Bike Connector in Lowell this morning. Breakstone, White & Gluck donated the helmets as part of our 2020 Project KidSafe campaign for bike safety.

This was our first donation to The Bike Connector and it was a real pleasure to meet Wade and learn about his work. The Bike Connector provides bikes to income-disadvantaged youth and immigrants throughout the city of Lowell. This summer, The Bike Connector is working with the city’s high school summer programs to distribute 100 free refurbished bikes. Now, each cyclist will also receive a free Project KidSafe bicycle helmet from Breakstone, White & Gluck.

The bicycles are important donations. In Lowell, there is no school bus service for high school students. Students can ride the Lowell Regional Transit Authority, walk or get a ride. Bicycles open up new opportunities for students to stay connected and on track with school activities.

“These helmets are really going to help keep kids in Lowell safe,” Wade said. “I want to thank Breakstone, White & Gluck for providing us these helmets. They are going to go a long way.”

Learn more about Breakstone, White & Gluck and our Project KidSafe campaign.

June 23, 2020

FDA Warns Public About Dangerous Hand Sanitizers

by Breakstone, White & Gluck

In Massachusetts, we are washing our hands and using hand sanitizers as much as we can. We all want to do our part to prevent the spread of COVID-19. But now, it’s time to check your supply of sanitizer. The Food and Drug Administration (FDA) is urging the public to steer clear of nine brands because they contain methanol, a toxic substance.

Methanol is often used in industrial settings, where high concentrations of methanol vapor can lead to poisoning, according to the Centers for Disease Control and Prevention (CDC). It is also called wood alcohol and is highly flammable.

Methanol can also be harmful when you handle it or absorb it through your skin, according to the FDA. The greater risk, though, is children or adolescents who may drink or ingest hand sanitizer. Certain adults may also be at risk or may have consumed the clear liquid accidentally. Parents and caregivers should respond immediately if they suspect a methanol hand sanitizer poisoning.

The hand sanitizers identified by the FDA show particularly high levels of methanol. Testing found one product contacted 81 percent methanol and no ethanol.

The FDA had asked Eskbiochem SA de CV of Mexico to remove the hand sanitizers from the market last week. When there was no response, the FDA issued its public warning on Friday (June 19, 2020).

The FDA advises consumers to avoid these hand sanitizers:

All-Clean Hand Sanitizer (NDC: 74589-002-01)
Esk Biochem Hand Sanitizer (NDC: 74589-007-01)
CleanCare NoGerm Advanced Hand Sanitizer 75% Alcohol (NDC: 74589-008-04)
Lavar 70 Gel Hand Sanitizer (NDC: 74589-006-01)
The Good Gel Antibacterial Gel Hand Sanitizer (NDC: 74589-010-10)
CleanCare NoGerm Advanced Hand Sanitizer 80% Alcohol (NDC: 74589-005-03)
CleanCare NoGerm Advanced Hand Sanitizer 75% Alcohol (NDC: 74589-009-01)
CleanCare NoGerm Advanced Hand Sanitizer 80% Alcohol (NDC: 74589-003-01)
Saniderm Advanced Hand Sanitizer (NDC: 74589-001-01)

The agency advised consumers to carefully inspect sanitizers in their home before use and immediately dispose of these in appropriate hazardous waste containers. Consumers should not flush sanitizer or pour it down the drain. Read the FDA notice.

Symptoms of Methanol Poisoning

Methanol exposure can lead to methanol poisoning and severe symptoms, starting with nausea, vomiting, headache and blurred vision. In the worst cases, those exposed can suffer permanent blindness, seizures, comas or permanent damage to the nervous system. Methanol poisoning can also result in death.

How Safe is Your Hand Sanitizer?

Hand sanitizer was in short supply for months. But you can now probably find your own bottle. If you use hand sanitizer, make a point to carry your own. Carefully read the label and regularly check the FDA website for recalls.

Hand sanitizer is a clear gel. It all looks the same, but each brand has a different alcohol content. For instance, your small pocket sanitizer probably has less alcohol than a nursing home or hospital, which has to meet greater fire safety regulations.

Our point is it would be hard to tell if you were being offered sanitizer with a high level of methanol or any dangerous substance. It’s better to control your own supply. Read about the FDA’s work to ensure the safety of hand sanitizers.

Wash Your Hands Safely

The FDA reminds consumers to regularly wash their hands often with soap and water for at least 20 seconds. When soap and water are unavailable, the CDC recommends an alcohol-based hand sanitizer which contains at least 60 percent ethanol. Visit the FDA’s website to learn more about hand sanitizer safety.

Free Legal Consultation – Boston Personal Injury Lawyers

Breakstone, White & Gluck has extensive experience representing those injured by defective products, including those which contain toxic chemical substances.

Manufacturers of cleaning supplies, hand sanitizers and detergents have a responsibility to produce safe products and conduct thorough testing before distribution. End users, including restaurants, industrial workplaces and labs, also have a responsibility to follow safety guidelines when using chemical products. Mishandling chemicals can lead to chemical exposure, fires or serving clients unsafe food and beverages.

If you have been injured by a chemical exposure or explosion, learn your legal rights. For a free legal consultation, contact Breakstone, White & Gluck at 800-379-1244 or 617-723-7676. You can also use our contact form.

June 22, 2020

Distracted Driving Laws Are Saving Teen Lives, Research Says

by Breakstone, White & Gluck

Massachusetts teen driver using cell phone, causing risk for distracted driving crash.

Distracted driving laws are reducing teen driver crashes, study says.

When drivers use cell phones, they introduce grave dangers to the road and are more likely to crash. This is why many states have now passed distracted driving laws. But how effective have these laws been?

Highly effective, suggests new research. Distracted driving laws are saving the lives of both teen drivers and their passengers in car crashes. The greatest impact is seen when states ban all drivers from cell phone use, not just junior operators under age 18.

Researchers at Massachusetts General Hospital published the findings from a 10-year study in Pediatrics journal. Reviewing more than 38,000 motor vehicle crashes reported between 2007 and 2017, researchers found a significant decrease in fatal motor vehicle crashes among drivers age 16-19.

There was actually a 43 percent reduction in deaths among 16-year-old drivers in states which passed hand held cell phone bans for all drivers (not just a ban for junior operators under 18).

Researchers had the challenge of working with evolving cell phone laws. When the study began in 2007, just 15 states had passed one type of distracted driving law, often a texting while driving ban. By the end, researchers were reviewing the impact of multiple bans, including texting while driving bans (both primary and secondary), hand-held bans and bans on all types of cell phone use for drivers under age 18.

Distracted Driving In Massachusetts

Massachusetts distracted driving crashes are a serious concern, having caused the deaths of drivers as well as pedestrians and cyclists. Once drivers pick up a cell phone, it is hard to break their attention away. The younger the driver, the harder it can be and this makes it essential for teens to establish good habits from the start.

In Massachusetts, a high school student was the first to be criminally prosecuted for motor vehicle homicide, texting while driving and negligent operation of a motor vehicle, according to CNN. Police allege the 17-year-old Haverhill man exchanged nearly 200 text messages in the hours leading up to the fatal crash in 2011. The crash killed a 55-year-old New Hampshire driver and seriously injured his girlfriend, who was riding in his passenger seat. As the prosecutor said at sentencing, “there are no winners today.” He went onto say, “…in a split second, many lives are forever changed.”

The state of Massachusetts reported a 170 percent increase in distracted driving crashes between 2014 and 2016. Over the past few years, lawmakers and safety advocates negotiated proposals to pass a hands-free law or a ban on handheld cell phone use. This finally reached resolution in November 2019, taking effect in April.

Under the Massachusetts Hands-Free Law, drivers are no longer allowed to use hand-held cell phones. They must now use voice-activated technology. The goal is to reduce injuries by taking away the act of reaching for a phone and attempting to dial. However drivers must still use voice-activated cell phones cautiously. Drivers can still cause accidents when using voice-activated technology and can still be held liable if they cause someone’s injuries.

Teen drivers – Massachusetts junior operators under age 18 – are still not allowed to use hands-free cell phones under the new law.

Free Legal Consultation – Boston Car Accident Attorneys

At Breakstone, White & Gluck, our attorneys fight for the rights of those injured by negligent driving in Boston and across Massachusetts. With more than 100 years combined experience, we have a reputation for strong results for victims of car accidents, truck crashes and bus collisions.

If you have been injured, call our attorneys for a free legal consultation: 800-379-1244 or 617-723-7676 or use our contact form.

June 17, 2020

Breakstone, White & Gluck’s Project KidSafe Campaigns Supports Boston Area Police Departments

by Breakstone, White & Gluck

In June, Breakstone, White & Gluck and our Project KidSafe campaign were pleased to donate children’s bicycle helmets to the Quincy Police Department, Brockton Police Department and the Braintree Police Department.

Read about our donation to Quincy Police in the Quincy Sun newspaper.

Quincy, MA Police Officers with Attorney David W. White of Breakstone, White & Gluck, which donates children's bicycle helmets to the department each year.

Breakstone, White & Gluck donated 200 children’s bicycle helmets to the Quincy Police Department, for distribution to local children in 2020. Pictured (L-R): Officer G. Hartnett, Atty. David White, Officer Whedbee and Officer Mar. Photo Courtesy Quincy Police Dept.

Boston Attorney David W. White of Breakstone, White & Gluck donates children's bicycle helmets to Brockton Police, as part of Project KidSafe campaign.

PHOTO COURTESY: Brockton Police Facebook– (From left:) Attorney David W. White, with Brockton Police Lt. Brenda Perez and Sgt. Will Schlieman

Boston lawyers of Breakstone, White & Gluck give Braintree Police free bike helmets for children.

Left to right: Braintree Police Deputy Chief Michael Want receives Project KidSafe bicycle helmet donation and Attorney David W. White of Breakstone, White & Gluck.

About Breakstone, White & Gluck & Project KidSafe

Breakstone, White & Gluck is a top-rated Boston personal injury law firm serving all of Massachusetts. Our attorneys founded our Project KidSafe campaign in 2013, with a goal of protecting children from head injuries. Toward that goal, we have now donated 30,000 bicycle helmets to children in the Boston area, with help from more than 50 community partners.

Under Massachusetts law, cyclists who are 16 and younger are required to wear helmets to protect themselves. To learn more, we have posted a video and other materials on our website: www.bwglaw.com/bikes.

Learn more about Breakstone, White & Gluck and our Project KidSafe campaign.

June 15, 2020

Study: Teen Driving Accidents Claim More Than 7 Lives Each Day of Summer

by Breakstone, White & Gluck

Massachusetts parent teaching a teen driver how to drive safely and defensively to prevent car accidents. We know many Massachusetts parents regularly talk to their teens about safe driving to prevent car accidents. You should be commended for engaging in this often-stressful conversation.

We urge you to continue on this summer. Helping teens understand the difference between appropriate and unsafe choices and build strong driving skills is a life-long investment in their safety and the safety of others.

Nationwide, teen driving crashes killed more than seven people each day of summer from 2008 to 2018, according to AAA Foundation for Traffic Safety. AAA recently released the 2020 “100 Deadliest Days” of driving report, once again warning teen drivers and parent to take extra precautions between Memorial Day and Labor Day.

Be aware of the unique risks this summer, AAA says. In response to the COVID-19 pandemic, many summer jobs and activities have been cancelled. With more free time, teens may be driving more. AAA urges parents to read its 2020 “100 Deadliest Days” report, and its Parent Coaching Guide, and to have teens sign a safe driving agreement. With this approach, parents can set clear expectations for teens and refer them to the agreement should they forget. If teens violate the terms of the agreement, they may lose driving privileges for a period of time.

Research on Teen Driving Crashes

Here are a few figures for parents to consider. AAA’s research found more than 70 percent of teen drivers age 16-18 had engaged in unsafe and illegal driving behaviors.

Seat belt Use
17 percent of teen drivers admitted to not wearing a seat belt.

Speeding
47 percent of teen drivers admitted to driving 10 mph over the speed limit on a residential street.
40 percent of teen drivers admitted to driving 15 mph on a freeway.

Texting and Cell Phone Use
35 percent of teen drivers admitted to texting while driving.

Other Driving Violations
More than 30 percent of teen drivers admitted to running red lights and aggressive driving. Meanwhile, 25 percent of teen drivers admitted to drowsy driving.

Parents can influence teens on some of these behaviors by developing a teen driving agreement (there are several available on the Teen Driver Source website). Your conversations with your teens are also essential.

Help Your Teen Drive Safely
Help your teen drive safely and avoid a car crash.

Many states have graduated licensing laws, including Massachusetts. Encourage your teen to follow the Massachusetts Junior Operator Law at all times. Under this law, teens are not allowed to use cell phones when driving in Massachusetts, not even under the new Massachusetts “hands-free” driving laws.

When they have a question, encourage them to ask, review their driver’s education materials or the Massachusetts Driver’s Manual. When drivers understand the law, they are more confident making decisions on the road.

Another opportunity is to drive together. Take turns in the driver seat. When you drive, take the opportunity to show your teen how you follow the speed limit. On a 30 mph street, this means driving 30 mph or less, not 35 or 40 mph. Tell your teen what you are doing and why.

Speed-related crashes are prevalent among teens. Simply slowing down and following other vehicles at greater distances can make a tremendous impact in reducing car accidents. At slower speeds, your teen has more time to stop and if they have a collision, injuries are likely to be less severe. Accident victims are more likely to survive a teen driving accident.

At the same time, parents should understand that when teens speed, they may be intentionally speeding and risk-taking. This is unacceptable. But often, the reason is driver inexperience. Teens need more practice using the gas and brakes, and you may need to explain that traveling “just” 5 mph or 10 mph over the speed limit is dangerous. In fact, you may need to do this a few times, also explaining that teens are more likely to cause injury when they speed and receive a speeding ticket which will impact their junior license.

To help your teen, be patient. Your goal is to demonstrate safe driving techniques and give them feedback when they make a good decision or make a mistake. Yet, if you are too critical, you will make your teen nervous and reluctant to drive with you. Tread lightly but firmly. It’s alright to take a break, but don’t stop trying.

Free Legal Consultation – Boston Car Accident Lawyers

At Breakstone, White & Gluck, our Boston car accident attorneys represent those who have been injured by negligent driving in Massachusetts. Car accidents often result in serious and catastrophic injuries, including head injuries, spinal cord injuries, broken bones, lacerations and death. When victims survive, they may require medical care, have to take time off from work and suffer other financial losses.

Always learn your legal rights after an injury. For a free legal consultation, call our car accident attorneys at 800-379-1244 or 617-723-7676. You can also use our contact form.

June 9, 2020

Protecting Children from Backyard Injuries and Hazards in Massachusetts

by Breakstone, White & Gluck

It is important to maintain your yard and keep it safe at all times. But this summer, as Massachusetts recovers from the COVID-19 pandemic, more people will likely spend more time at home. This means you must take extra care in protecting your home, your family and neighbors from common backyard injuries, such as falls, dog bite injuries and swimming pool accidents.

In Massachusetts, homeowners have a duty to make a reasonable effort to keep their property reasonably safe so lawful visitors are not injured. When a homeowner fails to maintain their property and someone is injured, this may result in a premises liability claim.

When children are involved, homeowners have a greater duty. Under attractive nuisance laws, property owners may be held liable if a young child is injured by an unsafe condition on their property, even if the child is trespassing. These laws recognize that children may not understand potential dangers or that they are trespassing.

Massachusetts Attractive Nuisance Law

M.G.L. c. 231, § 85Q states that a person who maintains an artificial condition upon his own land shall be liable for physical harm to children trespassing thereon under certain conditions.

A landowner can be held liable in part if they knew a child was likely to trespass or reasonably should have known, and if the landowner knew or reasonably should have known there was an unreasonable risk of death and serious bodily harm to children.

Protect Your Front and Backyard This Summer

Protect Your Pool

Property owners have a responsibility to lock and secure pools to prevent neighborhood children from falling in.

In Massachusetts, homeowners must enclose pools with fences which are a minimum of four feet and taller if necessary for safety. The fence should have a self-latching, self-closing gate and lock at least four feet off the ground. These requirements are meant to protect young children, as well as your lawful guests by slowing access down to your pool. A few steps you can take to secure your pool:

How old is your pool lock? Carefully inspect the integrity of your pool lock.

Inspect your fence. The Consumer Product Safety Commission published this pool safety guide on different types of fences and key specifications, such as how much space you should have between and under the fence panels. See page 6.

Consider a pool alarm. Your fence is your primary defense to keep young children out of your pool. Children can move quickly and drown silently, before you even know they have found their way into your pool. An alarm can help you respond quickly.

Think “layers of protection.” Planting large shrubs in front of your pool fence is one way to slow children down; another added benefit is children won’t be able to see the pool and are likely to forget about it.

At the end of the day: Cover your pool. Remove pool ladders and floats from the pool area and out of sight of children.

Restrain Your Dog

Child and dog in a Massachusetts backyard without supervision

Young children are at risk for dog bite injuries if they wander onto a neighbor’s property.

As a dog owner, you have a responsibility to take care of your pet, including to feed it and make sure it gets proper exercise.

As a homeowner, you have a responsibility to restrain your dog. Under Massachusetts law, you may be held liable if your dog bites or attacks. Here are a few situations when homeowners may be liable for dog bite injuries.

First, you may be held liable if your dog bites a lawful visitor. You may also be held liable if you leave your dog alone outside and it runs off your property and injures a passerby.

Then there are young children. Too young to realize the consequences, they can wander onto your property without invitation and your dog may bite. You may not even see the child come onto your property. But this is another situation when a Massachusetts homeowner may be held liable for a child’s dog bite injuries.

Just like drownings, dog bites and attacks are a frightening and debilitating experience, for children as well as owners. Some describe it as the worst experience of their life. Many victims and loved ones suffer post traumatic stress disorder (PTSD).

What can you do to prevent a tragedy?

Invest in dog training. Hiring a trainer can help your dog master basic obedience skills.

Install a fence. Consider installing a regular fence around your yard. An invisible dog fence can be effective at keeping your dog on your property. However, it doesn’t prevent children from wandering onto your property. Fences can stop children or at least slow them down.

Remember you can’t predict how your dog will react. Many dog owners have said, “My dog is really good with kids,” just before the animal bites or attacks.

And the problem with young children in your neighborhood: a child may know you and your dog by name. They may routinely say hello when you walk your dog and have warm feelings about your pet. Your dog, however, may not feel or respond the same if the child approaches. If you have a dog, Breakstone, White & Gluck encourages you to secure and supervise your pet this summer. Remember, children are likely to be spending more time at home this summer and you may need to take additional steps.

If you have been injured, Breakstone, White & Gluck is experienced in representing young children and others after dog bites and attacks in Massachusetts. Please read our awards and settlements and contact us if we can assist you with a claim at 800-379-1244 or 617-723-7676.

$450,000 award: Child Suffers Facial Injury and Emotional Distress in Dog Bite Attack Details

$300,000 award: Elderly woman bitten by dog, which leads to infection, sepsis and wrongful death.

$150,000 award: Dog injures cyclist, causing bike crash and other injuries. Details

Use Your Backyard Shed

Pick up your yard each day. Pick up toys and bring in pool floats, accessories and towels so they don’t attract a child’s attention.

Certain toys, games and equipment should be used, then immediately locked away. These include portable pools.

To make this easier, keep a key to your backyard shed nearby at all times this summer. Put it in your cell phone case or on a lanyard around your neck so you can easily access your shed as often as you need.

Protect Your Backyard This Summer

2020 has been a challenging year. While we are all limited by Covid 19 this summer, these are steps we can all take to protect our families, neighbors and others from unnecessary injury, and to protect ourselves financially.

Free Legal Consultation – Boston Personal Injury Lawyers

At Breakstone, White & Gluck, our Boston personal injury lawyers specialize in premises liability claims, including those involving swimming pool accidents, dog bites injuries and child injuries. Learn more about our law firm: www.bwglaw.com.