Articles Posted in Negligence

Massachusetts driver gripping the steering wheelIt has been nearly a year since Massachusetts called the COVID-19 state of emergency. Your daily routine has completely changed and you are not driving very often. Do you still need to buy auto insurance at this point?

Yes. Under state law, you are required to purchase a Massachusetts auto insurance policy if you have a driver’s license and register a vehicle. If you cause a car accident in Massachusetts, you are responsible for compensating anyone you have injured for their medical expenses and other financial losses. You also have to pay for property damage.

Auto insurers granted Massachusetts drivers some discounts last year, but lawmakers and consumer advocates are starting to raise the question of further discounts.

Calls for Action on Reducing Auto Insurance Premiums in Massachusetts

On Feb. 12th, the Lawrence-Eagle Tribune reported state Sen. Barry Finegold, D-Andover, and other legislators have asked the state Division of Insurance to review insurance rates, premiums and losses. They also want insurers to offer refunds from profits.

Attorney General Maura Healey’s office also recently asked regulators to reduce personal automobile insurance premiums by at least 25 percent, according to the newspaper. Her office cited data showing the frequency of liability coverage claims fell more than 50 percent between 2019 and 2020. There was a 70 percent drop in the frequency of collision coverage claims.

Our Massachusetts Auto Insurance Tips During COVID-19

Purchase the Minimum Auto Insurance

Under Massachusetts law, you have to purchase the required minimum coverage limits. There has been no change to the coverage limits during COVID-19.

  • Bodily Injury to Others, $20,000 per person; $40,000 per accident
  • Personal Injury Protection (PIP), $8,000 per person, per accident
  • Bodily Injury Caused by an Uninsured Auto, $20,000 per person; $40,000 per accident
  • Damage to Someone Else’s Property, $5,000 per accident

These are low coverage limits. In most cases, drivers should purchase more to adequately protect themselves and others if they cause a car accident. The key with auto insurance is you must purchase the right amounts and coverage types to protect yourself. Learn more about the different coverages in our article, “Understanding and Buying Massachusetts Car Accident Insurance.”

How Auto Insurance Protects You

Right now, you may be asking why you need to buy an auto insurance policy at all. This is a good time to remind you of all the ways your policy can work for you. Most drivers can appreciate that they are required to purchase auto insurance under Massachusetts law. At the very least, under M.G.L. c. 90, § 34J, you may face a fine between $500 to $5,000 if you are caught operating without insurance. Most drivers can also appreciate that auto insurance can protect them financially if they make a mistake and cause someone injury in a car crash.

But there are other protections. First, you may need your auto insurance to protect yourself. Even if another driver was at fault in a car crash, you may have to file a claim with your own policy for your medical expenses and lost wages. This would be true if you were injured by an uninsured or underinsured driver. This would also be the case if you were injured in a hit-and-run accident and could not identify the driver.

If you are a cyclist, you may be entitled to pursue a claim against another driver for your injuries in a bicycle accident. However, having your own auto insurance policy can provide necessary resources to help you recover, especially if the driver does not have auto insurance.

Another benefit is auto insurance can protect our loved ones or those living in our household. Call your insurance agent and ask to add these licensed drivers to your policy. They may be able to draw on the coverage should they ever be injured in a car crash or a bicycle accident and not have coverage elsewhere.

Keep Massachusetts Auto Insurance Payments Current

It is fine to evaluate your auto insurance. But do not withhold or miss an auto insurance premium payment or you could risk your insurer cancelling your policy. If you are facing financial hardship, one option is you can set up a payment plan over the year. In doing so, you may be losing a pre-payment discount, but it may be the best approach for your situation right now.

Before you call your insurer or insurance agent, learn as much as you can. Read the state advisory on Motor Vehicle Insurance Installment Payment Plans.

Seek Quotes from Massachusetts Insurance Agents

In Massachusetts, you can purchase insurance directly through an insurer or an insurance agent. Call and ask if you qualify for any discounts based on your current driving routine, vehicle, employer or group memberships. At a minimum, insurers should offer a discount for traveling more than 5,000 miles in a year.

It is usually worth requesting quotes from more than one insurance agent or companies. In Massachusetts, some insurance agents can offer quotes from multiple companies. Expect most to represent just a single company. Here is the state of Massachusetts insurance agent database.

Check for Discounts and Savings

The best types of discounts and savings are those you achieve just by checking in with your auto insurance agent. For instance, you may be eligible for a discount because you logged fewer than 5,000 miles on your car in 2020.

In some cases, this conversation may not result in savings. You may need to add someone to your household policy or purchase business coverage because you started using your vehicle for work. Whatever your situation, you have a responsibility to keep your auto insurer updated so you have proper coverage should you need it. Many people put their auto insurance coverage at risk without even realizing it when they move and start garaging their vehicle in a new location. Your auto insurance is calculated in part based on where you garage your vehicle. College students who take their vehicles to campus also need to update auto insurers.

Where to Learn More About Massachusetts Auto Insurance

We mentioned a few of our auto insurance articles in this blog. We also invite you to read our other auto insurance articles, including “What Every Massachusetts Bicyclist Needs to Know About Car Insurance” and “Massachusetts Motorcyclists: Buy the Right Types of Auto Insurance to Protect Yourself and Your Finances.”

Free Legal Consultation – Boston Car Accident Attorney

At Breakstone, White & Gluck, our Boston car accident lawyers are known for our commitment to pursuing the best financial result for clients. If you have been injured by someone else’s negligent driving, you may be entitled to seek compensation for your injuries. We represent clients throughout Massachusetts, including in Boston, Quincy, Cambridge, Somerville, Everett, Brookline and Arlington.

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

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Man Clearing Snow From Path With ShovelAfter our first nor’easter of the season, much of Massachusetts is now covered in a cold sheet of snow and ice. A total of 12.5 inches fell last weekend in part of Worcester County, while Middlesex County saw 2 to 7 inches of accumulation, according to MassLive.

You may have shoveled, yet the work isn’t over. In these harsh New England winters, property owners must remember their legal responsibility to use reasonable care to keep their property safe. If you neglect to remove snow and ice from your driveway, someone could be injured and you could be held financially liable.

Commit to inspecting your property daily after a snow storm. Insect your driveway, walkways, roof and gutters.  Go outside and walk from your front door to the end of your driveway and back. This is how your guests, mail carriers and package delivery professionals approach your home. This route needs to be safe.

A Property Owner’s Responsibility in Massachusetts

In Massachusetts, property owners have a duty to use reasonable care in clearing snow and ice so no one is injured. Papadopoulos v. Target Corp., 457 Mass. 368 (2010).

Papadopoulos v. Target Corp. changed more than 100 years of common law in Massachusetts and abolished the distinction between “natural” and “unnatural” snow and ice accumulations in premises liability actions. Property owners now have a duty to use the same reasonable care in treating snow and ice as they do other property hazards. It does not matter how the snow and ice accumulated. They owe a duty to all lawful visitors to use reasonable care to maintain their property in a reasonably safe condition.

How Often Should I Check My Driveway?

The best way to prevent a snow and ice injury is to treat snow regularly and promptly in the hours after a snowstorm, then also throughout the winter. This includes your driveway and walkways, as well as areas where cars, pedestrians and delivery trucks come in and out of the driveway. This activity can cause melting and refreezing for weeks after a storm.

Be aware of freezing and melting on other areas of your property as well, such as under roofs and gutters. Pay the most attention to your front step so delivery services and guests can safely access.

What if a Snow Plow Throws Snow on My Driveway?

It is still your responsibility to remove snow pushed onto your property so no one is injured. There is nothing more frustrating than shoveling your driveway, only for the plow to come back around a few minutes later. Again, the most effective response is to act quickly. Snow will be easier to shovel before it freezes to your driveway.

What If I Am Injured on Someone Else’s Property?

Use caution whenever you visit friends and family during the snow season. Try to find out if they have shoveled and salted their driveway and walkway before you visit. If you arrive and their driveway is iced over, consider visiting another time.

What if I am Injured on a Business Property?

Grocery stores and other businesses also have a responsibility to clear snow and ice and keep parking lots and other areas safe for travel after a snow storm. But there are times when snow and ice is left to accumulate or is not fully cleared. There are often several parties involved in commercial lease agreements, including a landlord, tenant and property management company. These parties may not always properly communicate or the party in charge of snow removal may be trying to save money. The party in charge may also not be experienced in hiring snow removal companies or realize the work involved.

When a business is negligent in clearing snow, slip and fall accidents can happen in parking lots. Another hazard is store floors and entrances. When snow melts, water accumulates and someone could slip and fall. A third danger is icy railings. Those in charge of the property have a responsibility to regularly inspect and remove snow and ice from railings, so a visitor doesn’t unknowingly reach for one and fall.

Since businesses can be open extended hours, property owners have a responsibility to address snow and ice accumulation promptly.

Be Aware of High Risk Areas for Mail Carriers and Package Delivery Professionals

Walk to the end of your driveway and make sure mail carriers and package delivery professionals can safely reach your front steps or mailbox.

Help the Elderly in Snow and Ice

The elderly are the most vulnerable to snow and ice injuries. If they fall, they are more likely to suffer long-term injuries. You can be proactive and prevent an injury by asking elderly friends, neighbors and family members if they need any help or anything at the grocery store. Encourage them to stay inside in the hours after a snow storm.

After a Snow and Ice Accident

If you are injured by a snow and ice accident, a doctor should evaluate you to determine if you fractured bones or suffered a concussion or other injuries.

If you were seriously injured, contact a lawyer and learn your legal rights. Contact a lawyer promptly. Under Massachusetts law, there is a limited time to notify a private property owner about injuries in cases involving snow and ice.

Free Legal Consultation – Boston Snow and Ice Accident Lawyer

With 100+ years combined experience, Breakstone, White & Gluck has been consistently recognized as a top-rated Boston personal injury law firm. Our attorneys have been recognized by Top 100 New England Super Lawyers, Top 100 Massachusetts Super Lawyers and Massachusetts Super Lawyers, in the specialties of personal injury and medical malpractice. The firm has also been recognized by U.S. News – Best Law Firms with Tier 1 rankings in personal injury and medical malpractice.

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

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Mother playing with child and toyWhen a product is recalled, you may expect it will be removed from store shelves or online marketplaces. This is not always a safe assumption. In this year’s Trouble in Toyland report, U.S. PIRG reports several toys which were recalled this year were still being sold afterward on popular websites. Last year, a Wall Street Journal investigation found Amazon was selling thousands of unsafe or banned products.

These are upsetting headlines. The Consumer Product Safety Commission (CPSC) recalls toys when they pose a safety hazard to children. Recalls are typically only called after a report or several reports of injuries or near injuries.

Once a toy is recalled, it is not safe to use. Our Boston product liability lawyers share our safety tips for steering clear of unsafe toys this holiday season:

Look Up Past Toy Recalls

Visit the CPSC website and review product recalls for 2020. According to U.S. PIRG, 10 products were recalled in the 12 months between the release of its 2019 and 2020 report.

You can visit this website after you have selected a toy and before you make a purchase. Or it may be helpful to start your holiday shopping there. Search for “toy recalls” or look through all the product recalls. Note that this website does not include automobile recalls. You can find these on the National Highway Traffic Safety Administration (NHTSA) website.

Beware of Amazon, Ebay and Marketplace Websites

Some retailers only offer their own products online. Others – such as Amazon and Ebay – are marketplaces where different vendors sell products and toys. These products may be new or they may be old.

Both the sellers and websites have a responsibility to make sure they are not selling recalled products.

In August 2019, the Wall Street Journal reported that Amazon was selling more than 4,000 items which federal agencies had declared unsafe or banned. Others had misleading labeling. At least 2,000 listings were for unsafe toys and medications.

The story showed the challenges Amazon has regulating its own marketplace. If you shop on Amazon or EBay, look for information about the seller. Is a company the seller or an individual? If you have never heard of the seller, you may not want to make a purchase.

Watch for Small Parts

When buying online, one potential danger is buying a toy which contains small parts. To protect your children, always read age recommendations and look for warning labels.

Toys which are designed for children under age 3 should be labeled if they contain small parts. Toys for children age 3 to 6 must also be labeled if they contain small parts. Read our blog on identifying small parts and toy safety warnings.

Beware of Purchasing Toys on Social Media Sites

You may have heard of Facebook Marketplace or other social media sites where you can sell used toys and products. Avoid buying used toys for children here during the holidays. We also suggest you avoid buying toys from these sites during other seasons, but especially during the holidays when many of us just wait for online sales to pop up.

There is no quality control. In most cases, the product is no longer in the packaging so you can’t read the safety warnings and age recommendations.

If you buy a used product this way, you really have no way of knowing when it was purchased. You may not have a product number or product instructions.

Children’s products, such as cribs, car seats and strollers, may carry the greatest risks. These products are frequently recalled and many model types look similar. While it is illegal to sell recalled products, it happens.

One frightening story came after Fisher Price and Kids II issued their crib recalls in early 2019. Despite this, 1 in 10 daycares was still using a Fisher Price Rock n’ Play sleeper in August 2019. In Nov. 2019, Consumer Reports reported found hundreds of the recalled sleepers available online, on sites such as Craigslist and Facebook Marketplace. In addition, Consumer Reports warned other products – including Ikea dressers recalled in 2016 were still being sold.

Free Legal Consultation – Boston Toy Safety Lawyers

With more than 100 years combined experience, Breakstone, White & Gluck of Boston specializes in the representation of clients injured by unsafe or defective toys and products. We are writing about toy safety this holiday season to help parents and families make safe shopping decisions. Read our past toy safety blogs.

For a free legal consultation, contact the Boston toy safety lawyers at Breakstone, White & Gluck at 800-379-1244 or 617-723-7676. You can also use our contact form.

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Breakstone, White & Gluck - Boston personal injury lawyers

From left to right, our partners: Ronald E. Gluck, Marc L. Breakstone and David W. White. Breakstone, White & Gluck recently received two tier 1 rankings in the U.S. News “Best Law Firms” rankings. Our three partners were recognized this year individually in the annual Best Lawyers rankings in August. Our associate, Reza Breakstone, was also recognized in the Best Lawyers: Ones to Watch list.

It is our pleasure to announce that Breakstone, White & Gluck of Boston has received two Tier 1 rankings from the U.S. News – Best Lawyers® 2021 edition of “Best Law Firms.” The firm received a Tier 1 ranking in the specialty of personal injury litigation for plaintiffs in Boston. The firm also received a Tier 1 ranking in medical malpractice law for plaintiffs in Boston.

U.S. News & World Report and Best Lawyers compiles the “Best Law Firms” rankings annually to recognize firms for professional excellence and consistently impressive ratings from clients and peers. A firm must have at least one attorney recognized on The Best Lawyers of America list to be eligible for a “Best Law Firms” ranking. All three of our partners – Marc L. Breakstone, David W. White and Ronald E. Gluck – have been individually recognized, including by the 26th edition of The Best Lawyers in America, which was announced in August 2020.

Firms are recognized based on a rigorous evaluation process, including a collection of client and lawyer evaluations, peer reviews from leading attorneys in a field and review of additional information law firms submit may submit for consideration. Awards are given in 75 national practice areas and 127 metropolitan practice areas.

Recognized firms received a tier 1, tier 2 or tier 3 rating. Breakstone, White & Gluck received Tier 1 rankings in personal injury and medical malpractice and these reflect the highest level of respect a firm can earn among other leading leaders and clients in local communities and practice areas.

Attorney Marc L. Breakstone was recognized by Best Lawyers in August in medical malpractice law – plaintiffs, personal injury litigation – plaintiffs and professional malpractice law – plaintiffs.

Attorney David W. White was recognized by Best Lawyers in personal injury – personal injury litigation – plaintiffs, insurance law and medical malpractice law – plaintiffs.

Attorney Ronald E. Gluck was recognized by Best Lawyers in personal injury litigation – plaintiffs.

Attorney Reza Breakstone was recognized by Best Lawyers in America: Ones to Watch (2021) in medical malpractice law – plaintiffs.

More Recognition for Breakstone, White & Gluck

Breakstone, White & Gluck of Boston offers our clients more than 100 years combined experience in the handling of personal injury and medical malpractice cases. We are proud of our consistently strong results and to have achieved a high level of satisfaction from our clients. We invite you to read some of our client reviews or our case results in the areas of personal injury, medical malpractice and car accidents.

Breakstone, White & Gluck been consistently recognized for our attorneys’ results for clients. Best Lawyers and Best Law Firms have mentioned our firm name in at least one practice area each year since 2011.

In addition, for the 17th year, our lawyers were recently selected to the annual Massachusetts Super Lawyers lists, as top rated Boston personal injury and medical malpractice lawyers. Breakstone, White & Gluck also earned a spot on the Top 100 Massachusetts Super Lawyers list and has received past rankings on Top 100 New England Super Lawyers. The Top 100 lists are notable because they draw from attorneys across all practice areas, not just our firm’s specialties.

Our attorneys also maintain an AV rating – the highest rating for legal abilities and professional standards from Martindale-Hubbell.

Free Legal Consultation – Boston Personal Injury Lawyers – Boston Medical Malpractice Lawyers

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

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Teen considering drinking and driving, a leading cause of teen car accidents.

Teens are more likely to be killed in an alcohol-related crash than anyone else on the roads, according to the CDC.

Teen Driver Safety Week is Oct. 18-24, 2020. Breakstone, White & Gluck is sharing articles to encourage parents and teens to collaborate and discuss safe driving decisions.

As every parent well knows, it is not easy to talk to your teen about safe driving decisions. You may talk, while your teen just looks at your car keys. Despite the challenges, we encourage you to be patient and stay the course in these conversations, especially when it comes to discouraging drinking and driving.

Talk to your teen about their responsibilities. In Massachusetts, teens who are between 16 ½ and 18 are eligible for a junior operator’s license. Teens face special restrictions, such as they cannot carry friends who are under 18 without supervision for the first six months of driving. They are also banned from driving between midnight and 5 a.m. Like all drivers, junior operators are not allowed to drive under the influence of alcohol or drugs  under any circumstances. They can face criminal penalties for operating to endanger/recklessly or while negligent. But the greatest danger is teens who operate while impaired are more likely to cause a drunk driving accident due to their impairment and poor choice.

We are writing about this because teens are more likely to avoid drinking and driving when they make the decision in advance, with a parent’s support, not to drink until they are 21.

Teach teens to respect the legal drinking age. In Massachusetts, you must be at least 21 years old to legally consume alcohol. Make sure your teen knows you expect them not to drink until they reach the legal age. Let them know they can talk to you or another family member if they face pressure to drink or someone offers them alcohol.

Be honest about why you want your teen to avoid alcohol. Explain that you want them to live the best life they can. As a teen, they are still developing physically, cognitively, socially and emotionally. As this happens, teens are still developing their values and their compass for making good decisions.

Consider this: those age 12 to 20 consume 11 percent of all alcohol in the United States, according to the Centers for Disease Control and Prevention (CDC). Because of their inexperience, teens are more likely to consume more drinks than an adult drinker.

Risk for injuries when teens drink and drive. Teens are more likely to be killed in an alcohol-related crash than anyone else on the roads, according to the CDC. In 2016, 1 out of 5 teens involved in fatal car crashes had been drinking.

Teens can put themselves at risk when they drive drunk,  but another danger is when they travel with friends who have consumed alcohol. According to the 2017 National Youth Risk Behavior Survey, 16.5 percent of high school students had traveled with a driver who had consumed alcohol in the previous month. This is a revealing number, but it gets worse.

Unfortunately, drinking and driving just paves the way for other poor decisions. According to the CDC, nearly 60 percent of the drivers age 15-20 who were killed in car crashes after drinking and driving weren’t wearing seat belts. Nearly a third of all male drivers in this age group were speeding when they crashed and 20 percent had been drinking and driving.

A teen who consumes alcohol, then causes a car accident resulting in injury may face criminal consequences. Parents can also be held liable for personal injuries if the victim pursues a claim against your car insurance policy or a civil lawsuit. For a teen, the experience of injuring another person is hard to recover from. It’s incredibly more painful when they were being reckless, such as operating under the influence of alcohol.

What you can offer your teen is support and guidance. Look for a teen-parent driving contract online for help. Review the agreement with your teen and make sure they know that you will always come pick them up if they need a ride. Also let them know that driving mistakes and accidents do happen. But you can’t support unsafe choices like drinking and driving, which endangers them and others on the road.

Other negative effects of teen drinking. The consequences of underage drinking are very real, even beyond driving. Teens who engage in underage drinking are more likely to suffer from social problems, such as high absentee rates and failing grades, face legal problems such as arrest and experience physical fatigue and hangovers, according to the CDC. They are also more likely to become the victim of a physical or sexual assault. There can also be a long term impact on their physical development.

Tell your child what every adult knows: delaying that first drink can make life’s hard experiences a little more manageable. Make sure they know you are proud of them and that they should feel good about their decision.

Never provide alcohol to your teens. On the same note, it is illegal to provide alcohol to your teen and their friends. If you allow your teen or others to drink in your home and someone is injured as a result, you could face criminal arrest and even jail time under Massachusetts social host liability laws. There are many stories of parents who have allowed this or even supplied the alcohol. Sometimes, parents have thought it is better to keep teens close if they are going to drink. But this is a dangerous thought and you could end up financially responsible for a very painful situation.

Likewise, make sure you know where your teen is going and with whom. It doesn’t help your teen to spend time at a friend’s home where alcohol is readily available or where their parents or older siblings are frequently drinking in the home.

Free Legal Consultation – Boston Car Accident Attorneys

At Breakstone, White & Gluck, our lawyers provide aggressive and thorough representation to those injured by the negligence of other drivers across Massachusetts. If you have been injured, learn your legal rights. For a free legal consultation, contact our Boston car accident lawyers at 800-379-1244 or 617-723-7676 or use our contact form.

To learn more about our Project KidSafe campaign and our National Teen Driving Safety Week articles, visit www.bwglaw.com/project-kidsafe.com.

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Driving in groups, teens face greater risks for car accidents.

For safety, teens are not allowed to drive with their friends for the first six months of holding a driver’s license in Massachusetts.

Teen Driver Safety Week is Oct. 18-24, 2020. Breakstone, White & Gluck is sharing articles to encourage parents and teens to collaborate and discuss safe driving decisions.

In Massachusetts, drivers who are at least 16 ½ are eligible to receive their driver’s license after a six-month permit period. Because Massachusetts has a Junior Operator Law, teens do not immediately assume full driving privileges. There are restrictions to help reduce the risk of teen car accidents, including one on passengers.

For the first six months, Massachusetts junior operators are not allowed to travel with friends and others under age 18, unless accompanied by another driver who is at least 21 years old and meets other requirements mentioned in statute below. There is an exemption for siblings and family members. The passenger restriction is a critical part of the law, giving teens more time to learn road skills without the distraction of friends.

M.G.L. c.90 § 8 states, “No person holding a junior operator’s license shall operate a motor vehicle during the first 6 months of licensure while a person under 18 years of age, other than the operator or an immediate family member of the operator, is present in the vehicle unless also accompanied by another person, duly licensed by his state of residence, who is at least 21 years of age with at least 1 year of driving experience and who is occupying a seat beside the driver.”

The passenger restriction should be taken seriously. As we discuss below, the distractions of carrying other teens combined with driver inexperience, can contribute to the risk for car accidents resulting in catastrophic injuries such as brain injuries and paralysis, and death. Car crashes are the leading cause of death among teens, according to the Centers for Disease Control and Prevention (CDC). The junior operator law attempts to give teens more time for practice.

If stopped for carrying unlawful passengers, teens can lose their license for 60 days for the first offense. For the second offense, drivers face a 180-day license suspension and must attend driver attitudinal retraining. There is a one-year license suspension and driver attitudinal retraining for subsequent offenses.

More Passengers, More Risk for Crashes

Research has shown teens need the extra time driving without their friends.

Compared to no passengers, a 16- or 17-year-old’s risk for death per mile increases 44 percent when they carry just one passenger under the age of 21, according to the AAA Foundation for Road Safety. The risk doubles when a teen driver carries two passengers younger than 21. The death rate quadruples when there are three or more passengers.

The older the passenger, the less risk for a car accident. There is a 62 percent decrease for a crash when a passenger age 35 or older is aboard. Take this statistic as motivation to give your teens the keys as you ride along. If you develop a good routine with them, you can help them build a full range of driving skills.

As they become more skilled, reward them by letting them drive to new places – a special lunch spot or a scenic view. This helps them build skills, learn responsibility and find some enjoyment from driving. With more time, they can practice fundamentals, such as how to turn through that intersection near your home, how to check for cyclists and how to stop for pedestrians at crosswalks. When teens drive with their friends, they are less likely to give these things their full attention.

Come Up With a Driving Plan for Your Teen

The takeaway is come up with a plan for your family. If your teen just earned their Massachusetts junior operator license, the state says they are not allowed to drive with friends under 18 for the first few months but that they can drive with their siblings right away. Remember, the law is a guide. This is your choice to make based on what your teen and their siblings are ready for. Your goal is to help your teen steer clear of car accidents. Think about each situation before you say yes.

When your teen is allowed to start driving passengers under 18, take another pause. The data still shows fewer passengers is safer.

You may want to start slow. Allow your teen to drive with just one friend. Choose a friend who is responsible, trustworthy and has a parent whom you know well and shares your views on raising safe and responsible teen drivers.  That parent should also share your views on open communication. If something should happen and your teen should find themselves at risk, you want your teen and their friend to both feel they can call for a ride.

Free Legal Consultation – Boston Car Accident Lawyers

Breakstone, White & Gluck has decades of experience representing by negligent driving in Boston, Cambridge, Quincy and across Massachusetts. Through our Project KidSafe campaign, we work to protect children and families. Each year, we write about National Teen Driver Safety Week to encourage parents and teens to talk about safety on the roads.

If you have been injured and want to consult a Boston car accident lawyer, you can visit our website or contact our attorneys at 800-379-1244 or 617-723-7676 for a free legal consultation. You can also use our contact form.

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View from Inman Square, Cambridge

View from Inman Square, Cambridge, once ranked the top bike crash site in Massachusetts, according to MassDOT crash data. Photo: 2017, after installation of new bike lanes.

With strong encouragement from local cyclists, the Cambridge City Council voted to expand and update the Cambridge Cycling Safety Ordinance this week. The council approved the original ordinance last year, drawing national attention with an ambitious commitment to build 20 miles of protected bike lanes.

But cyclists felt there was more work to do. They recently asked the Cambridge City Council to prioritize areas for protected bike lane development, add new roads and establish a deadline for improvements.

  • The Cambridge City Council approved a May 1, 2026 deadline for building out Cambridge’s network of protected bike lanes (now 22.6 miles), using either permanent construction or quick-build approaches (Source: Cambridge Bicycle Safety announcement dated October 6, 2020).
  • Protected bike lanes will also be added in more areas, including Broadway, between Harvard University and Kendall Square, and Garden Street, according to according to StreetsBlog Mass.
  • City councilors also voted to prioritize bike lane development in the area north of Harvard Square, directing city staff to develop a detailed plan by May 2021. Hampshire and Cambridge streets, near Inman Square, will also now move up on the work list (Source: StreetsBlog Mass).

The vote comes several weeks after a cyclist was killed in Harvard Square. In August, a large tractor-trailer struck and killed the male cyclist on Massachusetts Avenue, near Brattle Street. Just a year ago, in September 2019, another bicycle accident resulted in a female cyclist’s death in the area.  A devastated family member later wrote a guest column in a local newspaper, urging the city to make safety improvements in Harvard Square.

The City of Cambridge has been studying traffic in congested Harvard Square. After the cyclist’s death in August, a city official stated Cambridge will add a separated bike lane and reduce travel lanes on Massachusetts Avenue, between the Harvard Square Kiosk and Harvard Square (Source: The Boston Herald, August 26, 2020).

Harvard Square is known for historic buildings and iconic shops, such as The Coop, the Harvard University bookstore. Adjacent to Harvard Yard and Harvard University, the square is located at the intersection of Massachusetts Avenue, Brattle Street and John F. Kennedy Street. The MBTA red line stops there and pedestrians and cyclists are in close proximity to motor vehicle traffic, buses and trucks.

Other Cambridge Bicycle Accidents

The Cambridge Bicycle Safety, a volunteer group, has led the effort for expanding protected bike lanes across the city. Its announcement noted this was the first mandatory timeline for building a bike lane network in the United States.

Safety is a leading concern for cyclists in Cambridge. Between residents and commuters, Cambridge has a high number of cyclists. When cyclists have been injured or killed in traffic accidents, many people have felt the impact. There has been a strong response in each case.

In June 2016, a 27-year-old cyclist was tragically hit and killed in a bicycle crash in Inman Square. The woman was struck by a Jeep Cherokee’s open door, then pushed into the travel lane, where she was ultimately struck by a moving dump truck, according to Wicked Local Cambridge. She was pronounced dead a short time later at Massachusetts General Hospital.

Then, in October 2016, a cyclist was fatally injured in Porter Square. The cyclist was struck by a tractor-trailer and a sedan during a morning ride. He was pronounced dead at the scene.

After these crashes, a Cambridge resident campaigned to encourage drivers to use the Dutch Reach method before exiting their vehicles. This method encourages drivers to take a full look at the road from their seat, so they do not risk “dooring” a cyclist.

As a result of his campaign, the state of Massachusetts added instruction on the Dutch Reach method to the state driver’s manual to educate drivers.

Free Legal Consultation – Boston and Cambridge Bicycle Accident Lawyers

Breakstone, White & Gluck is a Boston law firm which specializes in the representation of cyclists who have been injured by negligent drivers. Our attorneys offer more than 100 years combined experience handling all types of bicycle accidents, including truck crashes injuring cyclists, intersection bike accidents, right hook crashes and dooring. We help cyclists obtain compensation for recovery, including for medical care, lost wages and pain and suffering.

But our attorneys do more than represent cyclists. We are committed to improving safety for cyclists in the Boston area. We have long supported local cyclist clubs. And through our Project KidSafe campaign, we have donated 30,000 bicycle helmets to children across Massachusetts, including in partnership with the Cambridge Police Department. The League of American Bicyclists has honored us as a Silver-Level Bicycle Friendly Business.

If you have been injured, learn your legal rights. For a free legal consultation, call our Boston bicycle accident lawyers at 800-379-1244 or 617-723-7676. You can also use our contact form.

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Massachusetts Car AccidentAs employees work from home and schools offer remote learning, traffic volumes remain low across Massachusetts. This may mean less stressful driving at times. Yet it can also lead to an increased risk of car accidents caused by speeding.

Across Massachusetts, traffic volumes are 20 percent lower than last year at this time, according to a MassDOT presentation this month. In some areas, traffic is even lighter. For instance, in the City of Boston, traffic is down as much as 48 percent.

North of Boston, there is an 18 percent decrease in traffic right now, according to the presentation. South of Boston, there is a 19 percent drop in MassDOT District 5, which includes Plymouth County, Bristol County and the Cape and Island. West of Boston, the decreases range from 28 percent to 18 percent.

If you commute, a MassDOT official said there is no peak traffic hour right now. This is true during both the morning and the afternoon/evening commutes. There is a consistent bump in traffic during these times, but nothing near pre-COVID 19 traffic levels.

An easier drive into Boston would be welcome news if not for COVID-19.

Boston is known for traffic gridlock. Many publications and websites have ranked the city’s driving experience among the worst in the U.S. Most recently, we earned a new honor, when WalletHub ranked Boston the 83rd worst of 100 driving cities.

According to the survey, Boston drivers log the most hours sitting in traffic congestion each year, along with drivers in New York City, Chicago, Philadelphia and Washington D.C. The rankings also noted Boston drivers are more likely to have a car accident than those in other cities.

Boston was ranked among the top 5 cities where drivers were most likely to have a traffic crash. This list also included the California cities of Oakland and Los Angeles, Washington D.C. and Baltimore, Maryland.

Speeding Accidents

Right now, there are fewer cars on the road. This may sound safer.

But NECN recently reported on the dangerous trend of drivers speeding into open roads. In Iowa, the state patrol recorded a 101 percent increase in drivers speeding 100+ mph from January through August. There was also a 75 percent increase in tickets for drivers who were traveling 25 mph or more over the speed limit.

In California, the highway patrol issued more than 15,000 tickets from mid-March through August 19 for speeding over 100 mph. This was a 100 percent increase over the same period in 2019.

Then, there is Ohio. Between April and September, state troopers issued 2,200 tickets to drivers traveling more than 100 mph between April and September. This marked a 61 percent increase from the same time last year. The highest speed was a stunning 147 mph.

Speeding can cause serious and fatal injuries, even when traffic is light. In April, there were 28 deaths, compared to 27 in April 2019 – despite half the traffic.

Like other states, Massachusetts has seen an alarming number of drivers cited for speeding. In March and April alone, Massachusetts police issued 15,071 speeding citations, including 259 drivers traveling at 100 miles or more, according to a Boston Herald report.

Police cited 1,035 drivers for traveling speeds of 90 mph to 100 mph. Another 2,518 were traveling between 80 and 90 mph.

Some of the fastest drivers were traveling even faster, at unbelievable and unsafe speeds. In Stoughton, a driver was caught traveling 140 mph in a 65 mph zone. Two other drivers reached 130 mph speeds in Ludlow and North Attleboro. On Cape Cod, a driver was caught traveling 125 mph.

Speeding is highly dangerous. MGL c.90, § 17 states, “No person operating a motor vehicle on any way shall run it at a rate of speed greater than is reasonable and proper, having regard to traffic and the use of the way and the safety of the public.”

Drivers have a duty to use reasonable care in Massachusetts. This means traveling the speed limit or slower when necessary for safety, even when there is no sign posted. In Massachusetts, cities and towns have a default speed limit of 30 mph in thickly settled or business districts. In 2016, the state passed the Municipal Modernization Act allowing communities to lower default speed limits to 25 mph. Many communities have done so and enjoy the improvements. Near schools and work zones, the speed limit is 20 mph.

Free Legal Consultation – Boston Car Crash Attorneys

If you have been injured, it is in your best interest to consult an experienced car accident lawyer. Since 1992, Breakstone, White & Gluck has represented those injured by negligent driving across Massachusetts, including in Boston, Cambridge, Quincy and the South Shore, the North Shore, Plymouth, Brockton and Cape Cod.

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

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Driver stops for pedestrians in Boston

Use caution. Cars making unsafe turns at intersections cause many pedestrian accidents.

Many of us will head back to work and school in September and October, at least part time. Due to COVID-19 and our new schedules, some of us may choose to walk for the first time, instead of relying on public transportation. If you walk, use caution – especially in intersections.

Nearly 20 percent of all traffic accidents result in pedestrian fatalities, according to the National Safety Council. An estimated 40 percent of all pedestrian accidents occur in intersections, according to the Federal Highway Administration (FHWA).

A few facts from a FHWA study on pedestrian accidents in intersections:

Drivers are making unsafe turns. According to this study, one in five pedestrian accidents at signalized intersections occurred when vehicles made unsafe turns.

Left-turning vehicles cause more pedestrian accidents at intersections. Pedestrians at signalized intersections are more likely to be hit by a left-turning vehicle. Researchers found  60 percent of drivers who hit pedestrians turned left, while 40 percent turned right. The FHWA researchers noted a driver’s view may be impeded more when turning left.

Pedestrians walk safer in groups. Researchers concluded that pedestrians walking in groups were less likely to be hit by left-turning vehicles than those walking alone. Again, this may be due to drivers being able to see pedestrians better. There was a notable difference – three out of four pedestrians hit by left-turning vehicles were walking alone.

Take Steps to Protect Yourself at Intersections

If you are a pedestrian, cars and trucks have the advantage in size. You have to assume drivers won’t always be able to see you as traffic moves. You also have to be prepared for negligent operators, who are speeding or allow themselves to become distracted.

You can take steps to protect yourself though. Purchasing a neon vest is a good place to start. If a driver can see you, they may be more likely to slow down. Also take advantage of technology. Use Google Maps or another traffic app to plan your walking route.

At intersections, look for crosswalks with pedestrian traffic signals. Wait for the walk signals before crossing. Drivers have a responsibility to yield the right of way to pedestrians in all marked crosswalks in Massachusetts. Yet pedestrian signals are more visible and can make a big difference in protecting pedestrians.

Drivers also have a responsibility to check for pedestrians (and cyclists) before turning at intersections. Studies have found that drivers are not looking enough – which is frustrating because more cars now have rearview mirror cameras to help them. Drivers need to be scanning the intersection more in front and behind for pedestrians and cyclists. This is critical in Boston, Cambridge and other cities because commercial truck drivers travel much higher up than pedestrians and cyclists and often, there is no eye contact. But truck drivers are not the only risk. Pedestrians have to be aware of all vehicles – SUVs, cars, buses. These drivers should also be paying attention to you.

Breakstone, White & Gluck – Boston and Cambridge Pedestrian Accident Lawyers

At Breakstone, White & Gluck, our Boston personal injury lawyers fight for justice for those who have been seriously injured by negligence or wrongdoing. With more than 100 years combined experience, our attorneys specialize in the representation of those injured in pedestrian accidents and bicycle crashes in Massachusetts. For a free legal consultation, call our attorneys today at 800-379-1244 or 617-723-7676 or use our contact form.

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After an extended leave, many Massachusetts families are now getting ready for back to school and a return to the workplace – at least part time to start. If you are going back and plan to commute on foot, we have some safety tips to share.

First, walking has so many benefits, including fresh air and exercise. We hope you can relax and enjoy this time and decompress. Transitioning back to work and school will be a challenge at times.

Pedestrian traffic signals in Massachusetts.

As Massachusetts transitions back to work and school, more people will be walking. Our tips to help pedestrian commuters stay safe.

But still, it is important to remember the risk for pedestrian accidents and observe traffic conditions as you walk. If you normally drive or use public transportation, your commute will be much different on foot.

Before COVID-19, pedestrian accidents accounted 20 percent of all traffic fatalities in Massachusetts, according to the National Highway Traffic Safety Administration (NHTSA). Each year, as students head back to school, there is a lot of talk about pedestrian safety. This year, attention to safety is even more critical because traffic will be unpredictable for a while. You can also expect more pedestrians as well.

Drivers, especially truck drivers and bus drivers, must be vigilant in watching out for pedestrians and cyclists. But pedestrians should also be vigilant and take precautions.

Our pedestrian safety tips:

Be Visible. Dress to stand out to traffic. Think bright – a vest, jacket, shirt or baseball cap with neon-reflective material. You do not have to spend a lot of money. You can find neon-reflective on all types of products in all price ranges.

If you are a parent, encourage your children to wear bright colors. Remember, your child’s backpack doesn’t just carry books; you can purchase one with neon-reflective material and make it a tool for safety.

Use Sidewalks and Crosswalks. Always look for sidewalks and walk on them. If there are no sidewalks, walk as far as you can left, facing traffic.  Use crosswalks with pedestrian traffic signals.

Learn Your Route. Take some time to plan a good route for yourself or your children. You can use online map tools, but try to memorize your path – and a backup route. Locate pedestrian crosswalks and traffic signals. Wait for the walk signal before crossing. Look for streets which have fewer lanes of traffic to walk across. Also watch for bike lanes.

Remember School Safety. School bus drivers are responsible for getting children to and from school safely. This is the most critical commute on Massachusetts roads.

Whether you are a parent, driver or pedestrian, you can support school bus safety. When a school bus flashes its yellow lights, it is slowing down. When it stops, extends its arm and flashes red, the bus has stopped to allow children to cross. Drivers must stay 100 feet back.

As a pedestrian, you may keep walking if you are on the sidewalk and don’t interfere with the school bus. But there are times when you should stop if you are walking on the road. Allow the school bus driver to safely stop so children can board safely. Also allow vehicle to safely depart.

Watch for Large Trucks. We urge pedestrians to keep your distance from trucks. Each year, truck crashes injure and kill pedestrians in Massachusetts. The larger the truck, the greater the blindspot and the greater the risk to you.

Trucks can strike pedestrians head-on, but they can also hit them from behind or from the side. Pedestrians can be swept under a truck and dragged. This can happen when pedestrians are walking alongside the road or as they wait to cross a road and a truck approaches.

Because large trucks are everywhere in the Boston area, your best defense is to watch for them, stay on sidewalks as much as possible and find crosswalks with pedestrian safety signals. Truck drivers may not always check for pedestrians. They are more likely to tune into traffic signals in front of them.

Remember, trucks can also be deadly to cyclists. Right hook accidents occur when a driver fails to give a cyclist enough room when turning right at an intersection. What you can do to prevent a serious bicycle accident: Stay on the sidewalk as much as possible. Leave the bike lanes and outer traffic lanes to bicyclists so they have room to adjust to traffic conditions.

Check for Traffic Updates. Before leaving for work or school, check local traffic updates and police department websites. After the COVID-19 closures, some Boston area communities have made changes to accommodate more pedestrians or allowed restaurants to set up outdoor dining in streets and sidewalks. This may impact your commute to work or school. Again, this is another reason to tuck a lightweight neon vest in your bag. Be visible so drivers have a warning that they should stop for you.

Stop and Report Pedestrian Accidents: If you are negligent and hit a driver, you have a responsibility under Massachusetts law to stop and report the crash to police. As stressful as this situation may be, you have to stop, call 911 and make sure the person receives immediate medical attention.

But often, other pedestrians and other drivers witness pedestrian accidents. Stop and report the crash to 911, even if you were not involved. Never assume another witness will.  About 1 in 5 pedestrian crashes involve hit and run drivers, according to AAA research. In these cases, pedestrian accident victims are left without access to the driver and their auto insurance policy, which should provide compensation for their medical bills and other financial losses.

About Breakstone, White & Gluck – Boston Personal Injury Lawyers

With more than 100 years combined experience, Breakstone, White & Gluck specializes in representing those injured by negligent and reckless driving in Boston, Cambridge, Quincy and across Massachusetts. Our attorneys are highly experienced in advocating for victims and families after pedestrian accidents and crosswalk crashes. We have secured compensation from negligent drivers as well as major bus operators, such as the MBTA. If you have been injured, learn your legal rights. For a free consultation, contact Breakstone, White & Gluck at 800-379-1244 or 617-723-7676 or use our contact form.

Read about some of our awards:

$7.1 Million – Verdict for pedestrian seriously injured in MBTA bus accident

Our attorneys secured a $7.1 million verdict for our client who was hit by an MBTA bus in a South Boston crosswalk.

$2.15 Million – Settlement for pedestrian injured by crash at strip mall

Our attorneys negotiated a $2.15 million settlement after our client was struck by a vehicle as he left a strip mall.

$1.375 Million – Settlement for pedestrian struck by speeding MBTA bus

Our attorneys reached a $1.375 million settlement after our client was struck by an MBTA bus in Roxbury and suffered a traumatic brain injury.

$1.25 Million – Wrongful death settlement for pedestrian hit in crosswalk

Our attorneys negotiated a $1.25 million settlement for family members of a pedestrian struck and killed in a crosswalk.

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