Articles Posted in Motor Vehicle Accidents

54805316 – traffic jam with row of cars on expressway during rush hour

If you have been injured, it is important to submit a Massachusetts motor vehicle crash operator report.

Have you reported your car accident to police?

While we hope you are never involved in a crash, drivers can take a few minutes to familiarize themselves with the Massachusetts motor vehicle crash operator report. Reviewing it can be helpful should you ever be in a crash – or witness one.

You can find the Massachusetts motor vehicle crash operator report online. It is available on the state of Massachusetts website.

Massachusetts Motor Vehicle Crash Operator Report – Driver Obligations

M.G.L. Chapter 90, Section 26 states the driver of a motor vehicle involved in a crash must report the collision if anyone was killed, injured or if property damage resulted in an excess of $1,000 in damage. This damage may be to a vehicle involved in the crash or to another type of property, such as a fence or building.

All drivers involved in crashes must file a report with the Massachusetts police department which has jurisdiction, their auto insurance company and the state Registry of Motor Vehicles.

Drivers have five days to file a report. The exception is when a driver suffered serious injury and is unable to file a police report right away.

Police departments must accept motor vehicle crash reports from any driver who unlawfully left the scene of a hit and run accident, even when the property damage falls under $1,000.

When a driver operates someone else’s vehicle under the influence of alcohol and there is a crash, the vehicle’s owner is responsible for reporting. They have five days to report the crash, based on when they learned about the crash.

Filing a motor vehicle crash report is your responsibility as a driver, whether you were injured or at fault in the crash. Failure to fill out a motor vehicle crash report has consequences. Drivers can have their licenses suspended by the RMV. They may also face criminal penalties.

Motor vehicle crash operator reports are the first step if you need to have your car repaired, replaced or if you have been injured. Police will consider the crash report you submit as part of their investigation in determining who was at fault and whether to cite that person. A traffic citation or criminal charges can support your claim seeking financial compensation for medical expenses, lost wages and other damages.

Filling Out The Report – What Drivers, Passengers and Others Should Know

If you are seriously injured, you cannot gather evidence and information at the accident scene. The investigation will largely fall to the police department which responds.

But if you can collect information, your cell phone is the best tool you have after a car crash. Take photos of everything, from your own vehicle to the roadway and the other vehicle.

This is where it becomes valuable to review the Massachusetts motor vehicle crash report before an accident. By doing so, you will have a better understanding what information to capture on the scene. As you can see, the report requests the other driver’s license and insurance information. It also asks drivers to report:

  • Crash Location
  • Vehicle You Were Driving
  • You and Your Passengers
  • Other Vehicles Involved in the Crash
  • Non-Motorist(s) Involved
  • Crash Conditions
  • Crash Diagram
  • Witness Information
  • Property Damage Information
  • Description of What Happened

Read the motor vehicle crash report for more information on each of these points. The report contains a section dealing with pedestrian accidents and bicycle accidents.

What’s Next

When you have been injured, receive medical attention first. Then you can file a police report, consult a Boston car accident lawyer or contact your auto insurance company if you were operating a motor vehicle when the accident occurred. You should decide which order based on the severity of your injuries. We recommend consulting a lawyer first if you have been injured.  Our lawyers can explain your legal rights, answer your questions and assist in handling all the important steps, including contact with the auto insurance companies. We have represented clients in communities across Massachusetts, from Boston to the North Shore, South Shore, Cape Cod, the New Bedford area and Worcester.

Avoid all contact, whether by phone or email, with the other driver’s auto insurance company. It is also recommended that you and your family stay off social media. Do not confide in friends or co-workers about a car accident until you have spoken to a lawyer and made some progress in your physical recovery.

For additional tips, please visit Breakstone, White & Gluck’s website page, “What to Do When You Have a Car Accident.”

About Breakstone, White & Gluck – Massachusetts Car Accident Attorneys

With more than 100 years combined experience, Breakstone, White & Gluck represents individuals and families who have been injured by negligent drivers in Massachusetts. Clients turn to us for our experience and results in cases involving car accidents, truck crashes, bus accidents and pedestrian accidents. 

If you have been injured by a negligent driver, learn your legal rights. Call 800-379-1244 or 617-723-7676 or use our contact form.

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Woman talking on a cell phone and at risk for causing a distracted driving accident.Massachusetts has finally approved distracted driving legislation. Gov. Charlie Baker signed on Monday, establishing New England as a hands-free driving zone.

According to The Boston Globe, the new distracted driving law will take effect on Feb. 23, 2020. Massachusetts police officers will issue warnings until the end of March, then citations will begin. This transition period is meant to help drivers get used to the new law. Become familiar with Bluetooth and other “hands-free” technologies now, and if you plan to use an electronic device for navigation, purchase a mount for your windshield or dashboard.

Until now, most drivers have been able to pick up cell phones to talk in Boston and across Massachusetts. However, under the 2010 texting while driving ban, drivers cannot text, read emails or use social media. This has helped deter some drivers, but overall, not enough without a handheld cell phone ban.

Come next year, Massachusetts drivers can only use cell phones under limited circumstances. Drivers can use electronic devices on “hands-free” mode (though they do get a single-swipe to activate or de-activate the “hands-free” mode). As we mentioned, they must use Bluetooth or a similar “hands-free” technology and mount navigation devices.

Police officers can stop drivers as a primary offense, which is more leeway than they have in enforcing seat belt use. Officers will be required to collect data – including age, race and gender – when they issue a warning or citation. The state will use this data to monitor potential racial profiling by police departments.

The new Massachusetts distracted driving law brings notable consequences. These alone are good financial motivators for putting down your cell phone.

Under the new law, drivers will be fined $100 for the first offense, $250 for the second offense and $500 for the third offense (and any subsequent offense). Second-offenders have to participate in a driver safety course. Drivers can also face an insurance surcharge.

Safety is the most important point. Cell phone use is responsible for more than 1 of 4 car crashes, according to the National Safety Council. Distracted drivers killed 3,166 people across the U.S. in 2017, according to the National Highway Traffic Safety Administration. These are hard numbers to hear.

Massachusetts now joins every other New England state in improving hands-free cell phone legislation. Maine was the last state to approve legislation this past summer. According to the National Conference of State Legislature, 20 states already have laws which ban handheld cell phone use, so Massachusetts could be the 21st.

Read the law: AN ACT REQUIRING THE HANDS-FREE USE OF MOBILE TELEPHONES WHILE DRIVING, 2019 Mass. Acts 122

Boston Car Accident Lawyers – About Breakstone, White & Gluck

At Breakstone, White & Gluck, our Boston car accident lawyers have over 100 years combined experience and provide expert investigation into car crashes involving negligent cell phone use. We represent clients who have been injured by negligent driving across Massachusetts, including in Boston, Cambridge, Somerville, Quincy and Braintree. South of Boston, our attorneys have represented numerous clients, including those injured in Brockton, Plymouth and Cape Cod, as well as in Framingham, Worcester and north of Boston, Salem, Peabody, Newburyport and Saugus.

If you have been injured, learn your legal rights. Call 800-379-1244 or 617-723-7676 or use our contact form.

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It is our pleasure to announce that Super Lawyers has recognized Breakstone, White & Gluck in its 2019 rankings. This was the 16th year our attorneys have been recognized.

Marc L. BreakstoneMarc L. Breakstone has been selected to the Top 100 New England Super Lawyers, Top 100 Massachusetts Super Lawyers and the 2019 Massachusetts Super Lawyers list, recognized as a top-rated medical malpractice attorney in Boston.

DW-250David W. White has been selected to the 2019 Massachusetts Super Lawyers list, recognized as a top-rated personal injury attorney in Boston. Attorney White has previously been selected to the Top 100 Massachusetts Super Lawers seven times and to the Top 100 New England Super Lawyers  three times.

Ronald E. GluckRonald E. Gluck has been selected to the 2019 Massachusetts Super Lawyers list, recognized as a top-rated personal injury attorney in Boston. 

Super Lawyers is a rating service which highlights outstanding lawyers from more than 70 practice areas. Selections are made using a multiphase process, including a statewide survey of lawyers, independent research and evaluation and peer reviews from within a practice area. 

Super Lawyers recognizes the top 5 percent of lawyers from that process. Another 2.5 percent of attorneys are selected to the Rising Stars list, which showcases talented attorneys under age 40. 

About Breakstone, White & Gluck
Over 100 Years Combined Experience in Personal Injury Plaintiff Representation
Breakstone, White & Gluck is respected across Massachusetts for our commitment to our clients and our results.  We have been representing plaintiffs in personal injury and medical malpractice cases as a firm since 1992. Each of our partners has over 30 years of experience.

Our firm is experienced in handling all types of personal injury cases, including those involving catastrophic accidents, wrongful death, motor vehicle accidents, product liability, premises liability, construction accidents, explosions, spinal cord injuries, head injuries and traumatic brain injuries. Our attorneys are regularly interviewed in the local media for their expertise in these specialties and Massachusetts insurance laws.

We have always been active in the Massachusetts legal community and are dedicated to sharing our knowledge with other attorneys through continuing legal education and professional organizations. Attorney Marc L. Breakstone and Attorney Ronald E. Gluck serve on the Board of Trustees for the Massachusetts Academy of Trial Attorneys (MATA), while Attorney David W. White is a past president of the Massachusetts Bar Association. We are also committed to giving back and working to prevent injuries. Through our Project KidSafe campaign, our attorneys have given away more than 25,000 free bicycle helmets to children across the state of Massachusetts. 

We invite you to visit our website to read about our work and watch testimonials from past clients.

Free Legal Consultation – Breakstone, White & Gluck

If you have been injured, you should speak to an experienced Boston personal injury lawyer and learn your legal rights for seeking financial compensation. For a free consultation, contact us at 800-379-1244 or 617-723-7676. You can also use our contact form.

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Cyclist after a hit and run crashNew federal data shows a 2.4 percent reduction in overall traffic deaths last year. But that’s not the full story. The roads were not any safer for pedestrians and bicyclists last year. These groups saw an increase in deaths, now making up nearly 20 percent of all traffic deaths. Many say it’s time to accelerate the conversation on safe road design.

The Washington Post recently reported on the new data, which comes from the National Highway Traffic Safety Administration (NHTSA)’s Fatality Analysis Reporting System.

It shows nearly 36,600 people died in traffic accidents in 2018, a 2.4 percent decrease from 2017, according to The Washington Post. Traffic experts cite several areas of progress. There were fewer deaths caused by speeding and drinking and driving, and a 10 percent reduction in children’s fatalities. Motorcycle fatalities also declined about 5 percent.

What remains troublesome is bicyclists and pedestrians are at high risk. Bicycle accidents and pedestrian accidents are claiming more lives than ever – about 20 percent of all traffic deaths combined. This is a sharp rise, particularly in pedestrian deaths. Just 10 years ago, pedestrians made up 12 percent of all traffic deaths. They now represent 17 percent of all traffic fatalities.

The data shows that 6,283 pedestrians were killed in 2018, a 3.4 percent increase. Another 857 people were killed on bikes or similar non-motorized vehicles, a 6.3 percent increase.

With this new data, many are considering our nation’s antiquated roads, which the Governors Highway Safety Association says were not designed to accommodate so many pedestrians and bicyclists. Over the past decade, cities have encouraged walking and biking as a way to beat the traffic congestion. But use has far exceeded the visions of planners, especially when you considered developments, such as bike-shares, e-scooters and self-driving cars.

The Governors Highways Safety Association further stated that a combination of initiatives would be necessary to improve safety for pedestrians and cyclists, from road engineering to educational approaches.

Pedestrian and Bike Safety in the Late Fall in Massachusetts

This is a challenging time of the year for bike commuters and pedestrians in Massachusetts. The days are getting shorter and darker. And you have to be aware of the statistics. According to the NHTSA data, about 76 percent of pedestrian traffic fatalities occur after dark.

If you walk, consider keeping a neon safety vest in your work bag. Wear it when you go to work and as you leave work. Continue to use crosswalks with traffic signal buttons. Cross with other people.

If you ride your bike, wear your bike helmet and use bike lights. Bike lights are required under Massachusetts law. You must have a white light in front of your bike and a red light in back. Read our article, Facts About Massachusetts Bicycle Laws, to learn more.

Free Legal Consultation – Boston Pedestrian and Bicycle Accident Lawyers
With more than 100 years combined experience, Breakstone, White & Gluck is a leading personal injury law firm in Boston. Our attorneys specialize in representing those injured in motor vehicle accidents, including pedestrians and bicyclists, in Boston, Cambridge and across Massachusetts. If you have been injured, learn your legal rights for seeking financial compensation for your losses, including medical expenses, lost wages and pain and suffering. For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.

 

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20191015-teendriving National Teen Driver Safety Week will begin Sunday. While your teen may learn about this topic at school, parents can also become involved and learn alongside teens. Parents influence their children in many ways. If you can influence the discussion on safe driving, you could save a life.

It’s a well-known and tragic fact: motor vehicle crashes are the leading cause of death for teens. In 2017 alone, 2,526 teens were killed in crashes, according to the to the National Highway Traffic Safety Administration (NHTSA).

This is the 12th year that National Teen Driver Safety Week has been observed. Two Pennsylvania lawmakers, Congressman Charlie Dent (R-PA) and Senator Bob Casey (D-PA), introduced the legislation establishing the annual event in October 2007.

National Teen Driver Safety Week highlights many topics, including graduated licensing laws, distracted driving, speeding and obeying fundamental traffic laws. It also provides resources on helping teens through their first few weeks as a licensed driver, along with handling stressful and emotional driving situations, including car accidents. Visit teendriversource.org to learn more.

State Graduated Driver Licensing (GDL) Laws

We are going to write about graduating licensing laws because these are the foundation for teaching teens to drive safely. All 50 states have a law in place, but these vary in restrictions, according to the Insurance Institute for Highway Safety (IIHS). Florida was the first state to adopt a graduated licensing law for teens in 1996. Massachusetts lawmakers approved a Junior Operator Law in 2007, which increased driving training requirements and penalties.

The law places restrictions on teens with licenses between the ages of 16 ½ and 18. First, as you may know if you are a parent, teens have to obtain a learner’s permit. Next comes 30 hours of classroom training on Massachusetts motor vehicle laws and safe driving techniques. Beyond the classroom, there is another 18 hours of instruction, including 12 hours behind-the-wheel and 6 hours of observation.

Here are some of the restrictions under the Massachusetts Junior Operator Law:

Passenger Restriction. Teens are not allowed to drive with other passengers under age 18 until they have been licensed for 6 months. There is an exception for siblings.

Night Driving Restriction. Another restriction is teens cannot drive between the hours of 12:30 a.m. and 5 a.m.

Cell Phone Use Restriction. Teen drivers cannot use cell phones or mobile electronic devices. Texting while driving is also prohibited, for all other drivers in Massachusetts.

Teens can expect to receive a significant license suspension if they violate these restrictions. For instance, there is a 60-day license suspension if your teen is caught driving between 12:30 and 5 a.m. There is a 90-day suspension for a first offense of speeding. For the second offense, there is a full-year suspension.

Massachusetts’ Junior Operator Law violations

Visit teendriversource.org for more on National Teen Driver Safety Week.

Fewer Teen Drivers
In recent years, Massachusetts has actually reported a reduction in teen deaths and non-fatal injuries in drivers age 16 and 17. This is a positive development, except when you look closer. There has actually been an increase in hospital rates for crash injuries in drivers between 18 and 20 years old. The state and a Boston Globe analysis attribute this to the fact that many teens are now waiting to get their license until age 18. By doing so, teens can skip driver’s education, which became more expensive and time-consuming when the Junior Operator Law took effect.

If your teen delayed getting their license, make sure they take time to learn the fundamentals and get the practice they need. Driver’s education is a critical component to developing a safe driver.

About Breakstone, White & Gluck – Experienced Boston Car Accident Lawyers
The Boston personal injury lawyers at Breakstone, White & Gluck specialize in representing those injured in motor vehicle crashes in Massachusetts. With over 100 years combined experience, our car accident lawyers have the expertise to guide our clients to the best financial results in case involving motor vehicle accidents and truck crashes.

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

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20191007 car seats 1200×628

When properly used, child passenger safety seats can reduce the risk of fatal accidents by 71 percent for infants and by 54 for toddlers, according to the NHTSA.

Buying a car seat takes careful research. But most parents agree: the real hardship comes after you try to buckle your child up safely. While car seats are essential, they are anything but easy to use. And if you use them incorrectly, your child is left without proper protection.

All 50 states have laws requiring car seats for children. In Massachusetts, parents must secure their children in a federally-approved seat until they reach age 8 or over 57 inches tall. This is critical because car accidents are a leading cause of death for children ages 1 to 13, according to the National Highway Traffic Safety Administration (NHTSA). For every 32 seconds in 2017, a child under 13 was involved in a passenger vehicle crash.

We are writing about car seats because the NHTSA and other organizations recently observed Child Passenger Safety Week nationwide from Sept. 15 to Sept. 21. If you missed it, we are sharing a few resources and tips. If you are a parent, don’t lose hope. There are a lot of resources out there. The best place to start is with your local police department. Many police departments offer free car seat inspections year-round by appointment.

Selecting a Safe Car Seat

The NHTSA offers a free online resource to help parents select the right car seat. Parents should follow the manufacturer’s recommendations on age, weight and height recommendations for selecting car seats. NHTSA Find & Compare Car Seats

Types of Car Seats

Rear-facing seats. The NHTSA encourages children to use rear-facing seats up until age 3 or they reach the top of the manufacturer’s height and weight requirements. Always check your product manual for this information.

For the first 8 or 9 months, children should ride in rear-facing infant seats. The NHTSA then advises a move to a convertible or all-in-one seat, and that parents keep children rear-facing as long as they can.

As we said, it’s important to read your product manual and the manufacturer’s instructions. In past years, the recommendation was to keep your child in a rear-facing car seat until age 2. But new research has led to a new recommendation. In 2018, the American Academy of Pediatrics announced children can remain in rear-facing seats until they reach 40 pounds or more. While every child is different, this often comes after a child’s second birthday.

Forward-facing seats. Next, children will move into a harness and tether seat. This type of seat limits their forward movement if the car crashes. There are three types of forward-facing seats: convertible, combination and all-in-one.

Booster seats. These give children a boost so they can sit taller and safely use seat belts.

Without booster seats, seat belts can seriously injure children, causing abdominal bruising and injuries. Compared to seat belt use alone, booster seats are shown to reduce the risk for injury by 45 percent in children ages 4 to 8, according to the Centers for Disease Control and Prevention (CDC).

As with the other car seats, there are several types of booster seats: booster seats with high backs, backless booster seats, combination seats and all-in-on-seats.

In 2008, Gov. Deval Patrick signed the Massachusetts Child Passenger Safety Law, adding the booster seat requirement until children reach age 8 or 57 inches tall. At that point, children can move to regular seat belts in the back seat.

Making this transition earlier can leave your child without proper protection and vulnerable to injury. Unfortunately, parents are making this mistake. About 26 percent of children were moved to seat belts too early, according to the NHTSA.

Car Seat Registration and Expiration

Make sure to register your car seat with the manufacturer so the company can contact you if there is a recall. Car seats are frequently recalled and these can be widespread recalls, including mislabeling or defective parts. In 2014, Graco recalled 3.7 million car seats due to defective buckles, disrupting families across the country.

Remember, car seats have expiration dates. Look for the sticker at the bottom. The expiration date should be about six years from the manufacture date.

Never use a car seat beyond the expiration date. While the seat may appear to be in good condition, the plastic and other parts wear from daily use and exposure to sun, making the product less effective in protecting your child.

About Breakstone, White & Gluck – Boston Personal Injury Attorneys

Breakstone, White & Gluck has over 100 years combined experience representing those who have been injured and killed by the negligence and wrongdoing of others, including by car accidents. In 2013, we launched our Project KidSafe campaign to offer education and safety resources for children and families in Massachusetts. Learn more about Our Attorneys and our Project KidSafe campaign.

If you have been injured by someone else’s negligence, learn your legal rights from one of our attorneys. For a free legal consultation, call 800-379-1244 or 617-723-7676. You can also use our contact form.

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Boston attorney David W. White

Attorney David W. White was interviewed by NBC Boston and said consumers are surrendering key rights when they enter into e-scooter agreements.

Electric scooters may look like an easy and convenient way to travel. But as they move into Massachusetts, there are definitely words of caution for riders.

Attorney David W. White was interviewed as part of NBC Boston’s coverage on e-scooters. He told NBC Boston’s Ally Donnelly that riders are often unaware of how vulnerable they are. If they are injured, they may look to their health insurance plan for coverage. But if they hit a pedestrian or cause property damage, they are on their own.

“You’re putting everything in the hands of the company and preserving essentially no rights for yourself whatsoever,” Attorney White said.

When riders accept a scooter company’s user agreement, they agree to resolve any issues through confidential arbitration with the e-scooter company and the maximum award is $100 – no matter what the situation.  In most cases, when someone is seriously injured, they may require medical expenses as well as other damages, such as lost wages and pain and suffering.

But he said, “The most they will ever give you if they give you anything is $100.”

NBC Boston interviewed scooter riders in Brookline who admitted they hadn’t read the user agreement. While it appeared tiny on a cell phone, NBC Boston found one agreement actually printed out to 50 pages.

Attorney White said, “Our legislature is a decade behind this issue. Our insurance industry is a decade behind this issue. Everyone should care about this.”

The Boston City Council approved scooter regulations last March. Meanwhile, the Town of Brookline launched its e-scooter pilot program last April, bringing 200 scooters to the road. The program continues through mid-November.

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Drunk driving accidents resulting in injury

The Massachusetts Legislature is being asked to reconsider a ignition interlock law for first-time OUI offenders.

Many of us recall when Massachusetts passed Melanie’s Law to increase penalties for drunk drivers. This was a landmark bill aimed at preventing drunk driving injuries and deaths.

Yet today, when it comes to drunk driving laws, Massachusetts now falls behind some expectations. While ignition interlock devices are mandatory for repeat drunk drivers, they are not required for first-time offenders.

Each year, Mothers Against Drunk Driving (MADD) asks Massachusetts lawmakers to extend the requirement to first-time offenders. According to the advocacy organization, 119 people are killed each year in Massachusetts drunk driving crashes and that drunk driving fatalities account for 31 percent of all drunk driving deaths.

In January 2019, Gov. Charlie Baker and Lt. Karyn Polito included the measure in the administration’s road safety bill. According to the State House News Service, a hearing was held on the bill, but it remains to be seen if we will hear more this year. There was more than one bill filed this year, but no update since the summer.

Massachusetts Drunk Driving Laws
Massachusetts lawmakers passed Melanie’s Law in 2005 and this took effect in 2006. Named for the 13-year-old victim of a drunk driver, Melanie’s Law increased penalties for those charged with operating a motor vehicle under the influence of alcohol or controlled substances. It also increased jail time in drunk driving accidents resulting in serious injury and death.

Melanie’s Law was the state’s introduction to the ignition interlock device, a small unit designed to detect alcohol on one’s breath. The device is electronically connected to the vehicle’s ignition and won’t allow drivers to operate if they are intoxicated. Over the past 13 years, ignition interlock devices have been installed for more than 17,000 drivers, according to Mass.gov.

According to MADD, ignition interlock devices stopped drivers 31,845 times in Massachusetts between December 1, 2006 and December 1, 2016.

State by State: Ignition Interlock Laws
The national debate over ignition interlock devices dramatically changed in 2013. This is when the National Highway Traffic Safety Administration (NHTSA) released new model guidelines encouraging states to pass requirements mandating use of ignition interlock devices for first-time offenders. States were also urged to establish a minimum period of time for use.

According to the National Conference for State Legislatures, 28 states and the District of Columbia now have mandates for all offenders. These include New Hampshire, Vermont and Connecticut. The ignition interlock law is slightly different in Maine. Rather than mandating use, first-time offenders are eligible to get their license back earlier (after 30 days) if they keep the ignition interlock installed for the remainder of their sentence.

Like Massachusetts, Rhode Island requires use of ignition interlock devices for repeat offenders, though there are differences in the state laws.

Federal Law: Ignition Interlock
MADD isn’t the only organization pursuing ignition interlock devices. The Chicago Tribune reported a former NHTSA administrator was before Congress this summer, urging members to pass a law mandating automakers build vehicles with passive ignition interlock devices. According to the official, the technology has been available since 2006 and wider use could save up to 7,000 lives each year.

Breakstone, White & Gluck – Boston Car Accident Attorneys

At Breakstone, White & Gluck, our Boston car accident lawyers specialize in investigating all types of car accidents, including those caused by drunk drivers. With more than 100 years combined experience, Breakstone, White & Gluck has represented numerous drivers who have been struck by intoxicated drivers. In drunk driving claims, the injured person may be entitled to compensation from the at-fault driver’s auto insurance policy. Additional compensation may also be available through other sources, including restaurants, bars and other establishments.

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

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Red light crashes

Drivers who run red lights are causing a record number of deaths in Massachusetts and across the U.S., according to a new study.

While red means stop, we have all seen cars speed on, especially if you live in Boston. Our attorneys have represented countless clients who have been seriously injured or killed by another driver’s recklessness at intersections. Now, a new study reports running a red light is causing a record number of traffic fatalities across the United States. From AAA’s Foundation for Traffic Safety:

  • Red light running crashes have reached a 10-year high in the U.S.
  • 939 people were killed when drivers sped through red lights in 2017, a 28 percent increase over 2012.
  • More than a quarter of all intersection accidents happen because drivers run red lights.
  • Nearly half of those injured in red light crashes were passengers or occupants of other vehicles. Pedestrians and cyclists accounted for more than 5 percent of fatalities.
  • Over 35 percent of traffic deaths were red light running drivers themselves.
  • 85 percent of drivers consider it very dangerous to run a red light, yet one in three reported speeding through one in the past 30 days, according to AAA Foundation’s Traffic Safety Culture Index.
  • On the same note, nearly half (more than 2 out of 5 drivers) found it unlikely that they would ever be stopped by law enforcement.
  • Despite these responses, running a red light can have serious consequences, resulting in a possible insurance surcharge or criminal charges.

AAA officials count Americans driving more and distracted driving as two causes. Meanwhile, the Federal Highway Administration reports more than 50 percent of fatal and injury crashes in the U.S. happen at or near an intersection.

Massachusetts Red Light Accidents

Red light crashes are a danger at Massachusetts intersections. From 2008 to 2017, Massachusetts lost 43 people when drivers ran red lights, according to Wicked Local. These deaths are just the drivers who were caught and are in addition to other injuries.

Safety Recommendations: Roundabouts and Traffic Cameras

AAA officials say roundabouts and traffic cameras could reduce the number of crashes. Massachusetts is actively working to convert rotaries into roundabouts, which are considered safer because they force drivers into the correct lanes. However, with more than 100 rotaries across Massachusetts, change will take time.

There is long-standing opposition to traffic cameras at Massachusetts intersections, even as AAA says traffic cameras have reduced fatal red light running crashes by 21 percent in large cities. Overall, traffic cameras have contributed to a 14 percent reduction in all fatal crashes at signalized intersections.

Unlike some states, Massachusetts does not have a state law permitting use on local intersections. While MassDOT operates traffic cameras along the MassPike, there is a battle over local intersections.

More than a decade ago, several Massachusetts communities attempted to pass ordinances allowing for red light cameras, among them Saugus, Lawrence and Springfield. South of Boston, Brockton also approved a local traffic camera ordinance. Traffic cameras were never installed. Citing privacy concerns, state lawmakers declined to pass the legislation necessary for these local ordinances to stand. Now years later, there are state lawmakers interested in similar legislation, so we may be revisiting the debate at some point. Here is one lawmaker’s blog.

Across state lines, you may find traffic cameras at red lights in Rhode Island, along with 19 other states. Rhode Island, however, does not have a state authorizing the use of speed cameras (Source: Governors Highway Safety Association).

AAA only recommends traffic cameras at intersections with demonstrated patterns of red light violations or high crash rates. Cameras should be part of broader traffic safety programs and drivers should be notified through signage and other methods.

Reducing Red Light Accidents in Massachusetts
Drivers have a responsibility to operate with care and pass other vehicles, cyclists and pedestrians at a safe distance in Boston and every other community in Massachusetts.

The Boston area commute is stressful. Leaving your home a few minutes earlier was once an effective way to beat the traffic. Unfortunately, as traffic congestion has grown, you now have to leave even earlier in many Massachusetts communities and that isn’t always enough to beat the 2-3 hour commutes. But even in these conditions, practicing patience and putting down your cell phone are paramount to preventing red light crashes and distracted driving accidents causing injury or death. Always watch for pedestrians and cyclists, maintaining a safe distance at all times and taking extra care when approaching crosswalks and bike lanes. Remember you may not be able to see a pedestrian until that moment they step onto the road.

Free Legal Consultation – Boston Car Accident Lawyers

Breakstone, White & Gluck has been recognized for our superior results for clients. Founded in 1992, our law firm specializes in representing those who have been injured due to the negligence and wrongdoing of others. We specialize in handling cases involving car accidents and truck crashes in Boston, Cambridge, Cape Cod, the South Shore, the North Shore and across Massachusetts. If you have been injured, learn your rights. Contact our firm for a free legal consultation: 800-379-1244 or 617-723-7676 or use our contact form.

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Massachusetts State House

Massachusetts lawmakers plan to hold an oversight hearing on how the RMV processes out-of-state license violations.

Many are grieving in the wake of the fatal motorcycle crash in New Hampshire. At the same time, many are asking, “Where was the Massachusetts Registry of Motor Vehicles?” State lawmakers say they will now convene an oversight hearing to review the RMV safety lapses.

The Massachusetts RMV failed to suspend Volodymyr Zhukovskyy’s CDL license, a move which could have prevented the June 21 crash killing seven motorcyclists in Randolph, New Hampshire. Three other riders were injured. The motorcyclists belonged to the Jarheads MC, a New England club for Marine veterans and their spouses.

But how was Zhukovskyy even driving?

Weeks earlier, Zhukovskyy had been charged with an OUI in the state of Connecticut. The Massachusetts RMV received this information yet took no action, leaving the 23-year-old West Springfield man free to drive using his CDL license, which allows him to operate a commercial motor vehicle.

Even though he had a reckless driving history, Zhukovsky received his Class A license – or CDL – in August 2018, WCVB reported.

He had received his Massachusetts personal driving license in April 2013. Soon after, he was picked up for operating under the influence for hitting two vehicles in Westfield, Massachusetts, according to NBC Boston. He lost his Massachusetts driver’s license for 210 days.

Zhukovsky had a history of reckless driving and license suspensions in five states before the New Hampshire crash. In addition to the recent OUI arrest in Connecticut, he had been charged or involved in crashes in Massachusetts, Iowa, Ohio and Texas. He allegedly flipped a tractor-trailer haulting cars in Baytown, Texas just after the Connecticut OUI and just 18 days before the New Hampshire crash. He was not cited in that incident.

Still, Zhukovsky was driving a pickup truck towing a flatbed trailer for his employer, Westfield Transport, in New Hampshire.

Mistakes at the Massachusett RMV

In the days after the truck crash, families mourned the motorcyclists and the Massachusetts registrar of motor vehicles resigned. We learned Zhukovsky wasn’t the only driver who slipped under the radar.

Gov. Charlie Baker and Transportation Secretary Stephanie Pollack held a series of news conferences. On July 5, they acknowledged they had launched a review of the out-of-state notifications, finding nearly 900 drivers had been allowed to keep driving in Massachusetts even as they faced serious charges in other states. As a result, state officials suspended approximately 876 drivers.

These were serious offenses, including operating under the influence of alcohol and drugs, leaving the scene of a fatal accident and even vehicular homicide.

According to The Boston Globe, the Massachusetts Registry of Motor Vehicles had ignored thousands of notifications from other states and it was unclear when this practice began. The Globe reported no one at the RMV had been responsible for tracking paper notifications since at least March 2018. These notifications were found in 53 bins in the RMV’s Quincy headquarters, organized by the month of arrival, but with no action taken.

A state official told the Globe it was unclear why the RMV personnel stopped processing the paper notifications. However, the state had signed up for a voluntary electronic notification system created by the American Association of Motor Vehicle Administrators that same month.

We can expect learn more about the safety lapses and the RMV in coming weeks. According to MassLive.com, the Legislature’s Joint Committee on Transportation has announced it will hold an oversight hearing later in July.

Meanwhile, Gov. Baker and Transportation Secretary Pollack say the Department of Transportation has or will:

  • Extend its review of out-of-state license infractions back to 2011. More drivers could face suspensions.
  • Hire an accounting firm, Grant Thornton, to conduct a forensic audit and determine why Zhukovskyy’s license was not revoked. The firm is expected to release a 30-day report, then a final report within 60 days.
  • Create a new deputy registrar position to focus on public safety at the RMV.
  • Gov. Baker said he is drafting legislation to tighten requirements for CDL licenses.

About Breakstone, White & Gluck

The Boston personal injury attorneys at Breakstone, White & Gluck specialize in representing victims of motor vehicle accidents, truck crashes and motorcycle accidents in Boston, Worcester and across Massachusetts. Learn more about our work and results from our past clients and their families.

If you have been injured, learn your rights for seeking compensation for your medical expenses, lost wages and pain and suffering. For a free legal consultation, contact Breakstone, White & Gluck at 800-379-1244, 617-723-7676 or use our contact form.

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