Breakstone, White & Gluck makes a donation of children's bicycle helmets to the Everett Police Department.

Attorney David W. White delivered 100 helmets from our Project KidSafe campaign to Everett Police Chief Steven A. Mazzie and Sgt. Joseph Gaff.

As summer continues, more children are riding bikes and Breakstone, White & Gluck is pleased to be donating bicycle helmets through our Project KidSafe campaign. This morning, Attorney David W. White delivered 100 bike helmets to Everett Police Chief Steven A. Mazzie and Sgt. Joseph Gaff.

This is the 6th year Breakstone, White & Gluck has made the donation through the Everett Police Department. Each year, our attorneys donate the helmets and the Everett Police Department decides how to distribute them to best reach children who need one. We are excited to see what this year holds!

Breakstone, White & Gluck and our Project KidSafe Campaign

Founded in 1992, Breakstone, White & Gluck represents those who have been injured by negligence across Massachusetts. Our attorneys are committed to encouraging children to wear helmets to protect against head injuries. Through our Project KidSafe campaign, we have now donated more than 33,000 helmets to children across Boston and Massachusetts.

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Quincy Police officers receive free bicycle helmets for children from Breakstone, White & Gluck of Boston.

Left to Right: Quincy Police Officer Christopher Bulger, Attorney David W. White, Quincy Police Lt. Robert Bina and Quincy Police Officer William Mitchell.

Breakstone, White & Gluck is pleased to continue our partnerships for bike safety with local police departments in the Boston area.

As part of our Project KidSafe campaign, Breakstone, White & Gluck will donate children’s bicycle helmets to 10 local police departments during 2021.

In June, our attorneys were pleased to deliver helmets to the Quincy Police Department, Lynn Police Department, Norwood Police Department, Brockton Police Department and Randolph Police Department. We donate the helmets, but each department decides the best way to give the helmets away to children in their community who need one or who need a replacement helmet to ride safely. The police departments may organize a bike rodeo, safety event or set up a table at a community festival. Or officers may keep the helmets on hand to give away as they come across children who need one.

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Attorney David W. White visits with Lynn Police Chief Christopher P. Reddy and his officers in mid-June. As part of our Project KidSafe campaign, Breakstone, White & Gluck was proud to donate children’s bicycle helmets to Lynn PD again.

Norwood Police Chief receives children's bicycle helmets to help promote bike safety.

Norwood Police Chief William G. Brooks with Attorney David W. White. Breakstone, White & Gluck donated bicycle helmets to Norwood Police to give away to local children who need one.

Brockton Police officers receive bicycle helmet donation from Boston lawyers of Breakstone, White & Gluck

Brockton Police Chief Emanuel C. Gomes and his officers receive a bicycle helmet donation from Breakstone, White & Gluck and our Project KidSafe campaign.

Randolph Police receive children's bicycle helmet donation from Breakstone, White & Gluck, a Boston law firm

From left: Attorney David W. White delivered bicycle helmets to Randolph Police Chief Anthony Marag for the department’s bike safety event on June 26, 2021.

Read about our donation to Randolph Police.

About Breakstone, White & Gluck

Breakstone, White & Gluck is a top-rated Boston personal injury law firm. Our attorneys are committed to encouraging children to wear helmets when riding a bike to protect against head injuries.  This is the law in Massachusetts. All cyclists who are 16 and younger must wear helmets when riding, but we hope our donations also encourage parents and older cyclists to wear helmets and protect themselves.

Through our Project KidSafe campaign, Breakstone, White & Gluck has proudly donated more than 33,000 bicycle helmets to children across Massachusetts. To learn more, visit www.bwglaw.com.

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Attorney Ronald E. Gluck recently wrote an article touching on the importance of traffic cameras in his investigation for his client, a cyclist who was seriously injured by a truck. We invite you to read the article, “The Importance of Traffic Cameras in Establishing the Truth: A Video Speaks a Thousand Words,” which is published on the Charles River Wheelers’ website.

You can read more of Ron’s articles by signing up for WheelPeople – The Charles River Wheelers’ newsletter – or by visiting Breakstone, White & Gluck’s website.

 

Young girl playing in a swimming pool with a beach ball.Over the past year, many of us have missed out on seeing friends and loved ones. If you are planning a summer gathering to make up for lost time, we urge you to consider water safety, especially if you own a backyard swimming pool.

With Massachusetts schools about to start summer break, there is a high level of distraction in many homes. Households may have family members working remotely and summer may add to the unpredictable schedules we established during the COVID-19 emergency. But you must be vigilant if you own a pool because the risk for injury is very real. One can drown quickly, in a matter of seconds, and those injured are often young children.

According to the Consumer Product Safety Commission (CPSC), an average of 397 children were killed in swimming pool or spa submersions each year from 2016 to 2018. These children were all under 15 years old. During the same period, there was also an annual average of 6,200 children under 15 treated at hospitals for non-fatal injuries associated with pool or spa submersions.

Already in Massachusetts this year, we have seen several lives lost or nearly lost to drownings in swimming pools, ponds and lakes. In this blog, we focus on how homeowners can reduce the risk for injury and drowning in backyard swimming pools, and their legal responsibilities.

Massachusetts Property Owners Have a Duty to Use Reasonable Care

In Massachusetts, homeowners have a responsibility to use reasonable care to keep their property in reasonably safe condition. When it comes to swimming pools, a property owner’s duty starts with following Massachusetts building regulations to secure pools. They must also maintain safe areas around pools.

It is paramount that Massachusetts homeowners also exercise caution with alcohol. Homeowners can reduce the risk for many drownings and injuries by simply limiting their own alcohol consumption and that of all their guests of legal drinking age. Minors should never be allowed to consume alcohol or a homeowner can face criminal charges and a civil lawsuit if someone is injured.

Secure Your Swimming Pool With Strong Fencing

Pool fencing and pool ladder.

In Massachusetts, the state building code requires property owners to secure swimming pools behind 4-foot high fencing. There are different specifications for above-ground and underground pools, along with pools that use one side of the home as part of the fence.

Pools must be secured with locking devices that face outward away from the pool. The locks must be self-closing and self-latching.

Keep Pool Areas Free From Hazards

Be aware of other potential hazards beyond your actual pool. Your pool area may have outdoor furniture, rafts and floats, a diving board or a slide. One way to prevent a pool-related injury is to limit pool accessories. Secure the products you buy out of sight when you are not using your pool.

We caution you about purchasing diving boards and slides. Accidents involving these products can be serious, resulting in a head injury or a spinal cord injury, which can lead to long-term disability or death. Many homeowners have decided these are just not worth the potential safety risk.

Recognize that these products can be poorly designed or incorrectly installed. A product may not be the right fit for your pool design or reliably support your guests, even if it meets CPSC safety standards. However, if you choose to make a purchase, you should always hire an experienced pool professional to assist you with installation and your homeowner’s insurance agent to make sure your policy provides coverage.

Protect Young Children

Young child at risk for falling and drowning in a backyard swimming pool.In Massachusetts, property owners are responsible for securing pools from young children. Property owners can be held liable for drowning or other injuries suffered by young children, whether they are invited guests or are trespassing. The law recognizes that young children may not understand when they approach a potential hazard. As a property owner, think about how your pool looks from the street, from your yard and from inside your home. Bright-colored rafts and large crowds can quickly capture a child’s attention. Then think about how you have secured your pool.

Keep Gatherings Small

When you invite guests over, keep gatherings small so you can observe the pool area and enjoy the company.

Closely Monitor Guests Near Your Swimming Pool

Never invite anyone over to your home to use your swimming pool when you are not there or are engaged in another activity, such as work. Ask if adult guests know how to swim and if children have attended swimming lessons.

If you have young children, commit to watch them and any friends they invite over closely, even if they are not using your pool. Limit the size of gatherings so you can give the children your full attention.

Make the same commitment to safety if you are the parent of a teenager, even if you normally give them more freedom. Set summer rules and make sure your teen understands: they can only have friends over when you are home and gatherings should be kept small. They should always ask before using the swimming pool and you will not permit alcohol.

Whenever you have any guests over, check that your pool is fully secured before they arrive. Not just from outside, but also from guests and children in your home and backyard. Once your guests arrive, it can help to utilize a pool camera, sounding alarm or other technology, even if no one is using the pool. You can also take the low-tech approach of sitting outside where you can see both the pool and the gate. This step shows your guests and children you are truly committed to safety and want them to have fun, but also act responsibly so everyone gets home safely.

Restrict Alcohol Consumption by Your Guests; Never Allow Teens to Drink At Your Home

Massachusetts homeowners have a responsibility not to allow underage drinking in their swimming pool or elsewhere on their property.Carefully consider whether you want to allow your guests to consume alcohol in your home, especially when they come over to swim or are driving. This decision comes with a lot of responsibility. The easiest approach is to not allow alcohol consumption. If you do allow your guests to drink, practice moderation and good judgment. Never let them drive home under the influence.

As for swimming, remember that alcohol and pools are a dangerous combination. According to the Centers for Disease Control and Prevention, alcohol use is involved in up to 70 percent of deaths associated with all water recreation. Drinking beer or liquor in the warm weather can contribute to dehydration, which can raise the risk for drowning and submersion injuries.

Massachusetts recognizes social host liability. There can be serious consequences for bad decisions. Homeowners can face criminal charges, including jail time, if they allow minors under 21 to consume alcohol at their home or any property they control, under M.G.L. c. 138 § 34 . Parents can also be criminally charged and convicted if police can prove they left their home and were aware minors were consuming alcohol there in their absence. Minors can also be criminally charged.

In addition to criminal charges, a homeowner can also face a civil lawsuit from those injured as a result of a minor’s alcohol consumption at their home.

Limit Cell Phone Use and Distractions

One can easily become distracted by an email, text or social media and this can be dangerous if you have a pool. If you are checking your cell phone, you could miss the moment someone needs your help. Every second counts when it comes to saving someone from drowning. The best approach is to limit cell phone use and enjoy your guests. Keep both your home and cell phone nearby, but for emergencies only.

Free Legal Consultation – Boston Personal Injury Attorneys

At Breakstone, White & Gluck, our attorneys provide aggressive representation and are committed to achieving the best result for clients. Founded in 1992, our personal injury law firm specializes in representing those injured by the negligence or wrongdoing of others and our attorneys have been consistently recognized by Super Lawyers and Best Lawyers in America. We have won numerous record-setting verdicts and settlements in negligence, product liability and medical malpractice cases in Massachusetts. We offer safety tips as part of our Project KidSafe campaign, through which we work to prevent injuries to children and families.

If you or a family member has been injured, learn your legal rights. We represent clients across Massachusetts, including in Boston, Cambridge, Somerville, Quincy, the North and South Shores, Cape Cod, Worcester and Central Massachusetts. For a free legal consultation, contact one of our Boston personal injury lawyers at 800-379-1244 or 617-723-7676 or use our contact form.

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Breakstone, White & Gluck recently had the opportunity to contribute to a very worthwhile bike safety donation with the Framingham Public Schools. With COVID-19 driving a space shortage on school buses, the school system decided to buy 100 bicycles to help middle school students who needed the most help getting to school.

If you ride a bike, you know you must wear a helmet to protect yourself against head injuries. Well, Breakstone, White & Gluck had helmets and we were pleased to donate 100 bicycle helmets to students as part of our Project KidSafe campaign.

This donation began with a school counselor who noticed a student did not have a bus seat and this was causing issues with their attendance. An assistant superintendent asked if other students were facing the same problem. The answer was yes.

Surprise! Breakstone, White & Gluck gave away free Project KidSafe helmets to cyclists who signed up for the Basic Bike Maintenance Class at the Dedham Public Library earlier this month. Quincycles led the small class outside the library while Breakstone, White & Gluck was pleased to donate the bicycle helmets as part of our Project KidSafe campaign. Breakstone, White & Gluck first teamed up with Quincycles three years ago.

Quincycles does a great job of distributing a few helmets here and a few there to cyclists who attend its community classes, most of which are held in Quincy.

Girl wearing Project KidSafe bicycle helmet donated by Breakstone, White & Gluck. Women wearing Project KidSafe bicycle helmets at Basic Bike Maintenance Class at Dedham Public Library. Cyclist wearing Project KidSafe bicycle helmet donated by Breakstone, White & Gluck at the Basic Bike Maintenance Class at Dedham Public Library. 2021-05-quincycles-dedham-library-4

About Breakstone, White & Gluck and Our Project KidSafe Campaign

The attorneys of Breakstone, White & Gluck launched our Project KidSafe campaign in 2013 and have now given away more than 30,000 bicycle helmets in Boston, Cambridge, Somerville, Everett and across Massachusetts. We invite you to follow our 2021 donations at www.facebook.com/bwglaw.

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Motorcyclist riding down open road

May is Motorcycle Safety Awareness Month. In Massachusetts, the message is critical as motorcycle fatalities are rising.

May is Motorcycle Safety Awareness Month and Massachusetts has to observe with more caution this year. 

The number of fatal motorcycle crashes rose across the state last year. So did the number of fatal motor vehicle accidents, even as traffic volumes fell statewide with COVID-19. State officials say drivers were speeding down open roads and when accidents happened, they were more likely to be fatal.

Statewide, the number of motor vehicle fatalities increased more than 2 percent, from 336 deaths in 2019 to 345 deaths in 2020, according to MassDOT Crash Data as of May 10, 2021. While there were fewer pedestrian fatalities, the state saw a notable increase in both motorcycle and bike accident fatalities. Motorcycle fatalities increased 20 percent, from 48 fatalities in 2019 (including 46 motorcycle operators and 2 passengers) to 58 motorcycle fatalities last year (55 motorcyclists and 3 passengers). MassDOT also reported 10 fatal bicycle crashes last year, a 100 percent increase over 2019.

Because drivers traveled fewer miles last year, the traffic fatality rate climbed much more than the actual numbers across the country. At Breakstone, White & Gluck, we encourage drivers to refocus and work to travel safely near motorcyclists. We share these safety tips from the National  Highway Traffic Safety Administration (NHTSA):

Motorcycle Safety Tips for Massachusetts Drivers

Motorcyclists Have the Same Rights. Drivers must share the road with motorcyclists. Motorcyclists have the right to travel in the traffic lane and even pass your vehicle, when it is safe to do so. They also have to obey the same traffic signs and signals. You can reduce the risk of causing a motorcycle accident by giving riders extra room and slowing down on your approach.

Recognize a Motorcycle’s Size. Appreciate the difference between a motorcycle and a motor vehicle. Motorcycles may weigh several hundred pounds. An SUV may weigh in at 5,000 to 6,000 pounds. Commercial vehicles carry many times this.

Use Your Mirrors and Look for Motorcyclists. Use your mirrors when you drive. Assume you will be sharing the road with motorcyclists, as well as cyclists and pedestrians. 

Use Your Turn Signals. Activate your turn signal early enough so motorcyclists know you intend to turn.

Never Trust Motorcycle Blinkers. On the other hand, never trust a motorcyclist’s blinkers. Motorcycles may not have self-canceling turn signals. If a motorcyclist forgets to turn their signal off, it may continue blinking. When you approach an intersection and come up behind a motorcyclist, wait until you are certain of their plans to avoid causing a motorcycle turn collision.

Commit Not to Pick Up Your Cell Phone. By committing to this, you are in a better position to safely respond to motorcyclists and other traffic.

Safety Tips for Massachusetts Motorcyclists

If you are a motorcyclist, May is a good time to check in on safety fundamentals.

Check Your Helmet. The best way to protect yourself is to wear a motorcycle helmet. The NHTSA offers tips for choosing a motorcycle helmet

Review Your Auto Insurance. Take a moment to review your auto insurance policy. Another driver may be responsible for your injuries. But the reality is many drivers operate illegally without auto insurance or only purchase the state’s minimum coverage requirements. It is important for you to consider this as you purchase auto insurance. Ask your auto insurance agent for help and read our article on optional auto insurance coverages for Massachusetts motorcyclists.

Sign Up for Motorcycle Training. The Registry of Motor Vehicles offers the Massachusetts Rider Education Program at motorcycle schools across the state. Training classes are designed for all skill levels. At training classes, you have the opportunity to learn and sharpen your skills. You may also qualify for a discount on your auto insurance, savings you can use to buy more coverage.

What to Do If You Are Injured in A Motorcycle Crash

When a driver hits a motorcyclist, victims usually suffer serious and life-threatening injuries. At Breakstone, White & Gluck, we understand a motorcycle crash is devastating and emotional. The motorcyclist, along with their family members, needs guidance from an experienced motorcycle accident lawyer. We have the experience you need at Breakstone, White & Gluck. Read about our past results for clients in motorcycle accident cases.

Contact Breakstone, White & Gluck for a free legal consultation to learn your rights. Our attorneys will review the facts of your case with you and explain if you have a potential claim against another driver. If you have been injured by a commercial truck, it is even more important to contact an experienced lawyer to oversee the full investigation from the start. 

For a free legal consultation, contact our Boston motorcycle accident lawyers at 800-379-1244 or 617-723-7676. You can also use our contact form.

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Bicycle riding down a road in the Boston suburbs.Cyclists may get a little more room for safety if lawmakers pass the road safety legislation Gov. Charlie Baker proposed this week.

On Monday, the Baker-Polito administration filed an expansive road safety package, which among other changes, calls for a new primary seat belt law and a controversial measure allowing cities and towns to install red-light cameras. 

One proposal – to be called Haley’s Law – seeks much steeper penalties for drivers who operate with a suspended license. Currently, drivers may face fines and/or up to 10 days in jail for the first offense in Massachusetts per M.G.L. c. 90, § 23. 

With the new legislation, a driver who lets their license lapse, then drives could face up to $1,000 in fines and 5 years in prison for the first offense. Drivers who cause auto crashes resulting in serious injury could face up to 2 ½ years in a House of Correction. There would be a mandatory two-year sentence, and up to 10 years imprisonment, for drivers convicted in fatal crashes.

The legislation is called, “An Act Relative to Improving Safety on the Roads in the Commonwealth,” and was filed as Massachusetts re-opens after COVID-19. The pandemic changed everything on our roads. But despite lighter traffic, our roads were not safer last year. 

According to state figures, Massachusetts saw 334 traffic fatalities during 2020, compared to 336 in 2019. 

Safety Reforms for Massachusetts Cyclists

For cyclists, there are two significant proposals: a 3-foot safe passing distance and a truck sideguard mandate for all state-owned and operated trucks.

3-Foot Safe Passing Distance

When traveling near cyclists, the legislation would require drivers to maintain a three-foot safe passing distance and a safe and proper speed. Drivers would have the same responsibility near cyclists traveling without a protective barrier, such as a protected bike lane with flex posts. 36 other states have safe passing laws, according to the Baker-Polito administration. The proposed legislation would give both drivers and future road projects more direction on how to accommodate cyclists. Massachusetts lawmakers have not acted on similar legislation in previous sessions. 

Most drivers know they must stay at least three feet away as a precaution to avoid bicycle crashes. But currently, Massachusetts traffic laws only recognize that drivers must pass cyclists at a “safe distance.” There is no consistent message on how much room to give cyclists.

Massachusetts traffic laws currently state in, “approaching or passing a person on a bicycle the operator of a motor vehicle shall slow down and pass at a safe distance and at a reasonable and proper speed.” M.G.L. c. 90 § 14. Drivers must “wait for a safe opportunity to overtake” a bicyclist or other vehicle, per M.G.L. c. 89 § 2.

Stronger Truck Safety Equipment Requirements

The Baker-Polito administration is calling for state-owned and operated trucks to utilize safety equipment such as sideguards, convex mirrors and cross-over mirrors. All these state vehicles weighing over 10,000 pounds would have to comply by Jan. 1, 2024.

The goal is to reduce the risk of injury and death to pedestrians and cyclists, the most likely victims in truck crashes, according to the Volpe National Transportation Center. 

In Boston, we have seen numerous cyclists killed when truck drivers and companies are negligent. In 2014, the Boston City Council took strong action, passing the first-in-the-nation truck sideguard ordinance. All city-owned and city-contracted trucks must now be equipped with sideguards, convex mirrors, crossover mirrors and blind-spot awareness decals.

Today, as you drive through Boston,  you will see large trucks with sideguards. But Boston – and Somerville and Cambridge have similar regulations – can only influence safety within their city.

Free Legal Consultation – Boston Bicycle Accident Attorneys

At Breakstone, White & Gluck, our personal injury lawyers are experts in helping cyclists who have been seriously injured.  

If you have been injured, our bicycle accident lawyers can review the facts of your case with you and help you determine if you have the right to pursue a claim in Massachusetts. If you have serious injuries, it is important to seek financial compensation to ensure your medical expenses and other financial losses are fully covered.

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

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Wrong way sign alerts drivers they are traveling in the wrong direction and may cause a head-on car crash

Wrong-way crashes are on a dangerous rise in Massachusetts and across the U.S., according to the AAA Foundation for Traffic Safety.

No one ever wants to hear the phrase “wrong-way crash.” But head-on collisions are frequent and often fatal on Massachusetts highways.

A new traffic analysis reveals the number of wrong-way crashes is rising on divided highways across the U.S. The majority of these auto crashes involve an alcohol-impaired operator. Drivers are exceeding the legal limit in 6 of 10 wrong-way car crashes, according to the AAA Foundation for Traffic Safety.

Drunk driving is the leading cause. Yet researchers say other factors, including a driver’s age and driving without a passenger, contribute. For example, 87 percent of wrong-way drivers travel alone. Passengers can be a resource for drivers, giving them an extra set of eyes to catch potential mistakes.

As for older drivers, those between 75 and 79 drive fewer miles and spend less time driving than younger operators. Still, they are more likely to be involved in a wrong-way crash and states are being urged to review how they identify medically at-risk drivers.

How Many Wrong-Way Crashes Are There in Massachusetts Each Year?

In Massachusetts, MassDOT data shows 150 people have died and more than 4,500 have been injured in wrong-way car accidents since 2010, according to CBSBoston.com. Since 2010, there have been 8,200 wrong-way crashes.

Nationwide, wrong-way accidents caused an average of approximately 500 deaths per year from 2015 – 2018, according to AAA. This represents a 34 percent increase from 2010 – 2014.

According to the CBSBoston.com report, the numbers also climbed in Massachusetts, from 19 to 27 deaths on average annually for the same period, a 78 percent increase.

Worcester recorded 366 wrong-way crashes, more than any other community in Massachusetts, followed by Springfield and Boston.

Wrong-Way Crashes Can Also Happen at Local Intersections

The AAA report focuses on wrong-way crashes on divided highways. Drivers can also make dangerous maneuvers resulting in wrong-way accidents at local intersections. From 2015-2018, the Federal Highway Administration reported roughly 400-450 wrong-way crashes at intersections.

Crashes may not be reported the same way at intersections, which have different traffic conditions, speeds and signage. When there is a wrong-way crash, the driver may be cited for another infraction, such as a marked lanes violation or failure to stop for a traffic signal.

But if you have been seriously injured at an intersection with a “Do Not Enter-Wrong Way” sign, it is in your best interest to consult an experienced car accident attorney who can thoroughly investigate the cause of a collision and your injury. An attorney can help you secure evidence promptly and with every aspect of your claim should you need to seek compensation from an at-fault driver’s insurance policy.

Strengthening Traffic Laws to Reduce Wrong-Way Crashes

The AAA Foundation for Traffic Safety and the National Transportation Safety Board are working to educate drivers about taking safety precautions to avoid wrong-way crashes and head-on traffic crashes. The most fundamental step is not to drink and drive.

The organizations also support passage of safety laws and infrastructure improvements, including more visible traffic signs.

Ignition-interlock laws are part of this effort and all eyes are on Massachusetts. We are the only state which does not require drivers with a first-time OUI conviction to utilize ignition interlocks, which test one’s blood alcohol concentration before they start driving.

However, after years of unsuccessful debate, Massachusetts may finally be moving closer. Last December, Gov. Charlie Baker signed an amendment to the state budget which if passed, will make ignition interlocks mandatory for all drivers convicted of operating under the influence. This could make a meaningful difference in discouraging choices that lead to drunk driving crashes and very serious injuries across Massachusetts.

Tips for Driving Safely on Highways

Do Not Drink and Drive. Never consume alcohol – or marijuana or other drugs – then drive. Use the designated driver system if you plan to go out and consume alcohol. Drivers have the same responsibility when using prescription medications which carry safety warnings about driving. If you have a question, consult your doctor on when and how you should use your medication.

Stay Alert. Do not drive if you are drowsy or fatigued. If you find yourself too tired to drive, stop your vehicle and come up with a short-term plan for getting some rest or grabbing a cup of coffee. There is always an alternative, including Uber or Lyft. Drivers often want just to push through and reach their destination. But if your vision is blurry or you cannot focus, you are driving negligently and putting others in harm’s way.

Drive with a Friend. You can split up the driving responsibilities, which will reduce your fatigue.

Avoid Distracted Driving. Reaching for a cell phone is the cause of many auto accidents. You are not using reasonable care to drive safely if you attempt to make a phone call while traveling through highway traffic, among other cars, SUVs and large trucks.

While Massachusetts has a hands-free driving law and drivers are legally allowed to make phone calls with Bluetooth devices, the safest approach is to still look for a rest stop or exit and safely park your vehicle before using your phone.

Create a Family Support System. Families can support each other in getting home safely. Try to develop a network of friends and loved ones who will support you. Ask them in advance if they would be willing to come pick you up if you ever needed a ride. Be willing to do the same for them.

Help Older Drivers Plan. Be proactive. Take time to discuss transportation options with the older driver in your life. If they drive, help them plan the best times of day to travel and steer them away from the highway. Remind them the importance of having a regular eye exam.

Let them know they have support. Make a schedule for your loved one to get out several times a week with you, other family members, grandchildren or a Council on Aging.

Free Legal Consultation – Call Our Boston Auto Accident Lawyers

With more than 100 years combined experience, Breakstone, White & Gluck specializes in representing those who have suffered serious personal injury or wrongful death due to negligence. We are based at 2 Central Plaza in downtown Boston.

With expertise in Massachusetts insurance laws and traffic accident investigations, our attorneys are here to guide clients through the difficulties you face after a serious accident. For a free legal consultation, contact Breakstone, White & Gluck and our car accident lawyers at 800-379-1244 or 617-723-7676 or use our contact form.

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Pedestrian Crossing Sign on a Massachusetts RoadLess traffic did not mean fewer pedestrian accidents in the early months of the pandemic. In fact, preliminary traffic data shows there was roughly the same number of fatal pedestrian accidents in the first half of 2020 compared to the same period of 2019.

However, because there were fewer cars out, the Governor’s Highway Safety Association (GHSA) is actually projecting a 20 percent increase in the pedestrian fatality rate per one billion miles traveled, according to the report, “Pedestrian Traffic Fatalities by State: 2020 Preliminary Data.”

According to the data analysis, 2,957 pedestrians were killed in motor vehicle crashes during the first half of 2020. This is 6 more pedestrians than the same period of 2019, when the calculation included more vehicles on the road.

If trends continue, 2020 could end up having a record rate of fatal pedestrian accidents, despite having fewer cars on the road.

How much less traffic? The Federal Highway Work Administration reported a 16.5 percent decrease in traffic on all roads and streets in 2020. Here in Massachusetts, MassDOT reported an immediate 50 percent reduction in traffic volumes in April 2020. Massachusetts traffic volumes were still 20 percent lower than normal in September 2020, according to our past blog on COVID-19 traffic conditions in Massachusetts.

Larger Trend of Pedestrian Fatalities

For years, pedestrian fatalities have been on a dangerous rise in the U.S. Prior to COVID-19, pedestrian traffic fatalities stood at the highest levels since 1990. There was a striking 46 percent increase in these accidents from 2010 to 2019, according to the GHSA. In 2019, pedestrian traffic fatalities accounted for roughly 17 percent of all traffic deaths.

How Many Pedestrian Fatalities Occurred in Massachusetts During COVID-19 in 2020?

In preliminary data, Massachusetts reported 17 pedestrian fatalities in the first half of 2020, compared to 32 from January to June 2019.

Massachusetts was one of 20 states, along with Washington D.C., which reported a decrease in the actual number of pedestrians who were killed in car accidents or crashes involving trucks, SUVs and other vehicles.

In 27 other states, the number of pedestrian fatalities in car accidents and truck crashes increased.

Notably, more than half of all pedestrian fatalities happened in seven of the most populous states, including Arizona, California, Florida, Georgia, New York, North Carolina and Texas.

Contributing Factors in the Rising Number of Pedestrian Fatalities

The GHSA cited several trends in these fatalities, including drivers who sped down open roads simply because there was less traffic.

Distraction and fatigue also contributed to many pedestrian crashes, including when drivers were negligent and failed to stop at an intersection or stay within the marked lane. In Massachusetts, the new hands-free cell phone law took effect in April 2020 but the impact was effectively delayed by Covid-19.

In addition, the report touched on the trend of drivers choosing light trucks and SUVs more often. In 2019, sales of light trucks and SUVs far outpaced passenger vehicles. The larger vehicles accounted for 72 percent of all auto sales.

Pedestrians are still more likely to be injured by a driver in a passenger car. However, over the past 10 years, there has been a 69 percent increase in SUV accidents resulting in pedestrian fatalities.

With larger frames, SUVs have a unique front-end design which is particularly threatening to pedestrians. In a pedestrian SUV crash, the grill can strike a pedestrian’s pelvis or chest at nearly the same time the vehicle’s bumper hits the lower extremities, increasing the force of the impact.

Free Legal Consultation – Boston Pedestrian Accident Attorneys

At Breakstone, White & Gluck, our pedestrian accident lawyers are committed to fighting for the rights of those injured or killed by a driver’s negligence or wrongdoing. We have represented clients after pedestrian accidents in Boston, Cambridge and throughout Massachusetts. Our attorneys have recovered significant awards, including:

  • $7.1 million for our client was who hit by an MBTA bus in a South Boston crosswalk
  • $2.15 million for the estate of our client who was hit and killed in a parking lot, which was not equipped with pedestrian safety bollards
  • $1.375 million for our client who was hit by a speeding MBTA bus in Roxbury

If you or a family member has been injured in a pedestrian crash, learn your legal rights. For a free legal consultation, contact Breakstone, White & Gluck at 800-379-1244 or 617-723-7676 or use our contact form.

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