Articles Posted in Car Accidents

Elderly couple on crosswalkPedestrians are facing a crisis on the roads, here in Boston and across the country. From 2009 to 2015, there was a 46 percent increase in pedestrian deaths across the U.S. (Source: National Highway Traffic Safety Administration). 

Now, the National Transportation Safety Board (NTSB) is stepping in with a comprehensive set of recommendations to improve safety, including: Continue reading

School bus with stop sign and lights

With students back to school in Massachusetts, local police departments are stressing safety around school buses while stepping up enforcement of drivers who fail to stop for pedestrians in crosswalks.

If a traffic enforcement sting came to your community, how many drivers would be stopped and cited for unsafe driving? Would you be among them?

We ask these questions as students head back to school across Massachusetts, in communities from Boston and Cambridge to Plymouth and Brockton to Worcester and Springfield.

Police departments across the state have set up traffic enforcement over the past few weeks, focusing on drivers who are not stopping for pedestrians in crosswalks and school buses. A few of the communities include New Bedford, Attleboro and South Boston.

In South Boston, the surveillance followed the tragic death of a 2-year-old in a traffic crash. The child was being pushed in a stroller on the sidewalk, when a van and car collided. The van plowed onto the sidewalk, injuring and ultimately killing the young boy. A day after the crash, the Boston Police Department and Massachusetts State Police set up a traffic enforcement initiative focusing on crosswalk enforcement, speeding and other unsafe driving behaviors. Within a few days, officers had issued approximately 500 citations for traffic violations. This is a very telling number, one Massachusetts drivers can’t ignore.

Breakstone, White & Gluck is a Boston law firm which specializes in personal injury, medical malpractice and car accident cases. Our firm is committed to safety for children, giving away over 20,000 bicycle helmets to children in Massachusetts through our Project KidSafe campaign. With experience representing clients who have been injured in pedestrian crosswalk accidents and other traffic crashes, we offer these tips for safe driving:

Slow down at crosswalks. Students who walk to school may have a crossing guard help them across the street. Always slow down as you approach crossing guards and children. Make eye contact with the crossing guard and assume you should stop. The crossing guard will wave you through when it’s safe to go.

But even when there is no crossing guard, drivers must stop for pedestrians in the crosswalk when there is a “Walk” or green signal. Other times, drivers have a responsibility to yield the right of way by slowing or stopping for pedestrians in the crosswalk. This includes times when pedestrians are in the crosswalk on the same side as the driver and when pedestrians are approaching from the other half of the lane and within 10 feet. There is a $200 fine for crosswalk violations in Massachusetts.

The best thing to do is approach crosswalks slowly and stop if you see anyone even near the entrance of the crosswalk. If you can, make eye contact with them, then wave for them to go. Depending on whether other cars stop, they may not be able to immediately cross. You may need to be patient for a few moments.

M.G.L. c.89 § 11 is the law governing pedestrian rights in crosswalks in Massachusetts. Read more about the law.

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Uber app on a cell phone

New state data confirms Boston is the hub of ridesharing. More than half of all rideshare trips in Massachusetts originated here in 2017.

In August 2016, Gov. Charlie Baker signed legislation regulating rideshare vehicles in Massachusetts, creating important protections for consumers. Among the reforms, drivers now have to carry a minimum level of auto insurance to protect passengers who are injured. They must also pass criminal background checks.

Now the state has released ridership data from 2017, the first full year of the regulations. The data provides a glimpse at rideshare’s mark on Massachusetts and particularly the city of Boston, where Uber and Lyft vehicles seem always in sight and rideshare accidents are rising.

Rideshare Numbers in Massachusetts

Massachusetts residents took approximately 64.8 million rideshare trips in 2017, compared to 408 million rides on public transportation, according to the data. Based on feedback from the transportation network companies, the state estimates one-third of rideshare trips carried multiple passengers.

Boston: Rideshare Hub

The majority of rideshare trips originated in Boston: 34.9 million. About 1.8 million Boston rideshare trips began at Logan International Airport. According to a Boston Globe analysis, there were roughly 96,000 Uber and Lyft vehicles on Boston streets each day of 2017!

More than 6.8 million trips started in Cambridge, the second leading city for rideshare starts. This is a dramatic difference for neighboring Boston and Cambridge. Somerville, Brookline and Newton rounded out the top five communities for rideshare starts.

Rideshare may be more convenient than public transportation. But rides can be slow. The slowest rides began in Boston, Cambridge, Somerville, Everett and Brookline, according to the state data. The average rideshare speed was 14 to 16 miles per hour in these communities, compared to 30 mph or above in about half of Massachusetts communities.

Rideshare Across Massachusetts

Per person, Suffolk and Middlesex counties saw 80 percent of all rideshare starts in Massachusetts, followed by Nantucket, off the Cape and Islands. Beyond these counties, a few notable numbers came from Worcester, where 848,000 rideshare trips originated and Lowell, where 490,000 rides began. More than 378,000 trips originated in Springfield.

Here are the 20 communities with the most rideshare starts:

  1. BOSTON
  2. CAMBRIDGE
  3. SOMERVILLE
  4. BROOKLINE
  5. NEWTON
  6. MEDFORD
  7. QUINCY
  8. MALDEN
  9. WORCESTER
  10. EVERETT
  11. REVERE
  12. WALTHAM
  13. CHELSEA
  14. LYNN
  15. LOWELL
  16. WATERTOWN
  17. BROCKTON
  18. SPRINGFIELD
  19. LAWRENCE
  20. FRAMINGHAM

Source: Rideshare Data Report, Mass.gov

Protecting Yourself as a Rideshare Passenger in Massachusetts, When to Seek Medical Attention, Call a Lawyer

When traveling by rideshare, stay alert and watch, even if you have a 5-star rated driver. While many rideshare drivers are well trained and simply want to help you reach your destination, car accidents can happen. Rideshare drivers, and others on the road, can be fatigued or engage in texting while driving. Whenever possible, travel with other passengers you know. If you feel unsafe at anytime, ask the driver to pull over and let you out in a safe area. 

In Massachusetts, Uber and Lyft drivers are required to carry a minimum level of auto insurance. If you have been injured while traveling in a rideshare vehicle, the driver has a responsibility to stop and provide you with his license number, auto insurance carrier, address and contact information. If you have been injured, call for an ambulance or visit a hospital emergency room immediately.

Then call an experienced attorney. Visit our Uber accident web page or our Lyft accident web page for more information.

At Breakstone, White & Gluck, our Boston car accident lawyers have over 100 years combined experience representing those injured by negligence and wrongdoing. We are conveniently located at 2 Center Plaza, Suite 530, across the street from Boston City Hall and the Government Center MBTA station. 

If you have been injured, contact our firm and learn your rights for seeking compensation. Call 800-379-1244 or 617-723-7676 or use our contact form.

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Cyclist after a hit and run crashNational Bike Month is a time to celebrate and champion cycling. If you live in Massachusetts, you know the cycling spirit is stronger than ever. But that doesn’t mean conditions are always safe.

In fact, cyclists and pedestrians are at a higher risk now than ever. The National Highway Traffic Safety Administration reports cycling deaths increased 11 percent from 2015 to 2016. Pedestrian deaths rose 9 percent. The AAA Foundation for Traffic Safety recently weighed in with a report on hit and run crashes. The numbers show the toll on pedestrians and cyclists, as well as others on the road.

Attorney Reza Breakstone of Breakstone, White & Gluck in Boston.

Attorney Reza Breakstone of Breakstone, White & Gluck in Boston.

A self-driving Uber vehicle has been involved in a fatal pedestrian crash in Arizona. Attorney Reza Breakstone’s article explores liability when self-driving cars crash: https://tinyurl.com/y8qrfs69.

Attorney David W. White of Boston

Attorney David W. White specializes in personal injury and product liability cases at Breakstone, White & Gluck of Boston.

Ford drivers are gripping the steering wheel anxiously after the automaker’s stunning safety recall this week. 1.4 million Ford vehicles have been recalled because the bolts on the steering wheels can become loose. Ford will repair the vehicles, but not until the end of April at least.

“This recall is very upsetting,” said Attorney David W. White of Breakstone, White & Gluck. “Nothing is more basic to a car than a steering wheel. Automakers have a responsibility to fully test vehicles and all equipment before bringing them to market. They continue to fail drivers.”

Woman talking on cell phone in car

Americans are checking their cell phones every 12 minutes, according to new research. This means more distraction, including in the car.

As we wait out this snowstorm, you may be checking your smart phone more than usual. This is understandable. But how often do you check on an average weekday? One report shows Americans are checking their smart phones every 12 minutes or 80 times a day. And between Facebook, Twitter and e-mail, we all know someone who may check even more often.

Use your smart phones as often as you want – except in the car. Please consider these thoughts as you wait out the snow:

20180305-seatbelt-1200There is nothing more important than protecting your family and other passengers in the car. Many of us drive less often in the winter in Massachusetts. But in a few weeks, families will be back in the car more for afterschool sports, activities and weekend trips.

Take a few minutes now to inspect your vehicle’s seat belts and child passenger safety seats. Make sure this equipment is working and properly adjusted to fit each child. Replace car seats if your children have outgrown them. Then talk to your family about the importance of always wearing a seat belt.

Dangers on the Road for Children

Drowsy Driving

A new study shows college students are engaging in drowsy driving and do not consider it to be as dangerous as texting while driving and operating under the influence.

As a parent, you have probably talked to your college student about the risks of drunk driving and texting while driving on many occasions. What about drowsy driving? A new study reports college students are not taking this risk as seriously – even as drowsy driving causes an estimated 300,000 traffic crashes each year in the U.S.

The study was published in the February edition of the journal Sleep Health. Researchers conducted four focus groups involving 26 undergraduate students in 2016. Students were asked about their driving behaviors and perceptions about dangerous driving.

Most of the students considered themselves safe drivers, yet they viewed drowsy driving as less risky than operating under the influence of alcohol and distracted driving. Students actually said drowsy driving was “normal” and an “unavoidable part of their lives.” They admitted to drowsy driving in the past. Whether as a driver or passenger, many had actually been in some way involved in a drowsy driving car crash or near accident. In most cases, students were driving alone in the early morning or at night.

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20171114-map-app-1200

Local communities are restricting road use to stop the flood of drivers who use Waze and other traffic apps.

Commuting is a battle in Massachusetts, full of frustrations and hazards. But residents, communities and lawmakers continue to fight back to improve safety.

On Monday, the state House of Representatives considered a controversial bill proposing new fines for jaywalking and jaywalking while distracted (or as The Boston Globe writes, “Jay-texters”). Meanwhile, WBZ reports communities are closing off roads in response to traffic apps such as Waze and Google Maps.