Articles Posted in Pedestrian Accidents

Pedestrian crashespedestrian-1200 have made devastating headlines in Boston and Somerville this past week. In Boston, a van struck two pedestrians at a feared intersection last Wednesday (Sept. 11th). One victim, a young woman, later died from her injuries. The next day in Somerville, a garbage truck critically injured a woman on the McGrath Highway.

As the investigations begin, many are questioning the traffic signals. In Boston, city officials responded quickly, with Mayor Marty Walsh already announcing changes at Melcher and Summer streets. This intersection is located in the Fort Point neighborhood near the Seaport District and South Boston.

Going forward, pedestrians will have a full right of way at the intersection.

According to WHDH, the traffic signal had been giving pedestrians the light to start crossing Summer Street. Then, drivers on Melcher Street were given the green light to turn while pedestrians were still crossing. Signage warned drivers to yield to pedestrians, but residents and businesses said this wasn’t enough. They worried about their safety and complained to city officials.

Boston Police are investigating. No criminal charges have been filed against the driver of the van.

The next day in Somerville (Sept. 14th), a woman was hit by a garbage truck and transported to a local hospital with serious injuries. The 34-year-old was hit on the McGrath Highway, at the intersection of Somerville Avenue. According to NBC Boston, the woman had been attempting to cross the street around 1:45 p.m., using the marked crosswalk. The garbage truck struck her as it turned.

As in Boston, State Police are investigating. No criminal charges have been filed against the driver.

As we wait to hear more, the Somerville News Weekly is reporting the traffic signal may have been re-synchronized the day after the truck crash. The report questions whether the driver and pedestrian had overlapping traffic signals, as was the case in Boston.

Somerville saw a new traffic pattern introduced earlier this year around the intersection, according to the news weekly. Traffic accidents have followed.

Both Somerville and Boston have seen pedestrian accidents resulting in serious injury and death this year. In Somerville, drivers have hit residents, then kept traveling.

In February, a 40-year-old educator was killed in the crosswalk at Hardan Road and Powderhouse Boulevard. The alleged driver, a Norwood man, never stopped and even went out for dinner later that evening. Days later, the police search came to an end when the man’s truck was found the vehicle parked in Somerville.

Another pedestrian was killed in July. The 52-year-old woman was struck along Mystic Avenue, near McGrath Highway and Stop & Shop. This time, the 64-year-old driver from Roxbury turned himself into Somerville Police the next day. The Boston Globe also raised questions about this traffic signal in its reporting, observing pedestrians had just 12 seconds to cross the busy area.

In late August, a 69-year-old man was seriously injured in the early morning hours on Mystic Avenue and Shore Drive. Another driver found him and stopped to help, according to WCVB. As in the other Somerville crashes, neighbors were stunned that the driver fled the scene.

In Boston, several pedestrians were injured by cars this summer. One area of concern has been Massachusetts Avenue and Melnea Cass Boulevard. On June 23rd, a car collided with a pedestrian during the morning commute there. She died shortly later. In July, a Boston Public Health Commission hit a pedestrian in the same area, this time causing minor injuries.

Boston Pedestrian Car Crash Lawyers – Breakstone, White & Gluck
The Boston law firm of Breakstone, White & Gluck specializes in representing those injured by car accidents and pedestrian accidents. If you or a loved one have been injured, learn your legal rights. For a free consultation with our attorneys, contact 800-379-1244 or 617-723-7676 or use our contact form.

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Pedestrians in crosswalk

Somerville has seen at least two fatal pedestrian crosswalk crashes during 2019. The news media has reported both were hit-and-run crashes.

A driver was tragically killed in a Somerville crosswalk over the weekend. The victim was struck on Saturday night around 8 p.m. as she crossed along Mystic Avenue (Route 38), near McGrath Highway and Stop & Shop.

The victim, a Somerville resident, was transported from the scene and later pronounced dead at Massachusetts General Hospital (MGH). Meanwhile, Massachusetts State Police began investigating and searching for the driver, who had fled the scene. The 64-year-old Roxbury man turned himself in Sunday morning and was charged with leaving the scene of a crash causing personal injury or death and a crosswalk violation, according to WBZ Boston. He pleaded not guilty at arraignment today in Somerville District Court, where prosecutors revealed a few details about the crash. The driver admitted to drinking two glasses of wine at dinner before the crash and said he initially stopped because he suspected he had hit someone. He was allowed to remain free on $1,000 bail on the condition he refrain from alcohol. He is not allowed to drive.

According to StreetsBlog Mass, the crosswalk is located along Mystic Avenue. It provides pedestrians with access to the Kensington Underpass, which runs under I-93 and connects most of Somerville’s residential neighborhoods to businesses and offices in the Assembly Square district.

This is at least the second fatal pedestrian crosswalk accident in Somerville this year. Both were hit-and-run crashes. In February, a beloved 40-year-old educator was walking in a crosswalk at the Harden Road and Powderhouse Boulevard intersection. She was hit by a truck which never stopped and died from her injuries. Somerville Police had to launch a regional search. Days later, police found the 55-year-old Norwood driver, with help from a Tufts University police officer who spotted the truck parked on University Avenue in Medford. Still damaged, the truck was parked just a mile from the site of the pedestrian hit-and-run.

Tips for Driving Safely Near Pedestrians

Pedestrian accidents are often serious and life-threatening. You have probably heard this before, but drivers really can prevent most pedestrian injuries by slowing down and focusing on the road. Most people drive faster than they realize.  According to AAA, when you adjust your speed from 25 mph to 35 mph, you double your risk for causing a fatal pedestrian accident.

Our safety tips for drivers:

  • Travel the speed limit or lower when appropriate in neighborhoods and areas near stores and restaurants.
  • Travel slowly through parking lots; never cut across parking lots or check cell phones.
  • Always stop for pedestrians in a crosswalk.
  • Take caution when driving at night.
  • Older drivers should have regular vision exams and monitor their driving.
  • Watch fatigue.
  • Use GPS before you start driving.
  • Do not use your cell phone for any reason. Even hands-free technology can be a distraction, especially during the summer months and for night driving.
  • Never operate a motor vehicle while intoxicated or while under the influence of marijuana.
  • Put down drinks and food.
  • Talk to your family. If anyone is ever in an unimaginable situation and has hit a pedestrian or bicyclist, tell them to stop, call police and wait at the scene.
  • Leaving the scene is against the law in Massachusetts. If the driver leaves the scene, the victim may not get the medical care they need to survive. Minutes and seconds matter.

Beyond preventing injury, it’s in your best interest to slow down if you don’t want a ticket. More than 40 Massachusetts communities have now established slower, 25 mph default speed limits. Massachusetts sets a 30 mph default speed limit for communities. But under state Municipal Modernization Law passed in 2016, individual cities and towns can opt into a 25 mph speed limit instead in thickly settled areas and business districts. They can also create 20 mph work safety zones. Communities cannot alter speed limits on state roads.

Next time you enter one of these communities, watch for the speed limit signs as you enter. Boston,  Cambridge and Somerville are among the communities which have adopted the lower 25 mph speed limit. The City of Somerville implemented a 25 mph speed limit citywide as soon as the state law took effect back in 2016. It also pursued 20 mph limits in work safety zones.

Breakstone, White & Gluck – Free Legal Consultation

Breakstone, White & Gluck is known for our extensive experience handling personal injury cases and our superb results for those injured and their families throughout Massachusetts. We invite you to learn about our results after pedestrian crashes.

Our Boston personal injury attorneys specialize in representing those injured in pedestrian accidents involving crosswalks and other pedestrian car accidents. If you have been injured, it is critical to learn your legal rights for seeking compensation and learn about the process ahead. For a free legal consultation, contact Breakstone, White & Gluck at 800-379-1244 or 617-723-7676 or use our contact form.

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20 mph speed limit

In Boston, city officials are interested in lowering speed limits to 20 mph in neighborhoods to reduce traffic fatalities. The proposal comes just two years after the city lowered speeds from 30 to 25 mph and will require state approval.

First, the City of Boston dropped speed limits to 25 mph, with a goal of reducing traffic fatalities and pedestrian injuries. Now, Mayor Marty Walsh and the Boston City Council have their eyes on 20 mph on neighborhood streets. The next step is obtaining state approval.

The City of Boston first sought to lower speed limits as part of its VisionZero campaign a few years ago. That proposal also required approval from the state Legislature and Gov. Baker’s signature.

Gov. Baker signed the Municipal Modernization Bill into law in 2016, including language that allowed cities and towns to lower the default speed limit from 30 to 25 mph. Cities and towns can now lower speed limits on all (or select) municipal roads in thickly settled areas or business districts. Many communities have done so, including Boston, Cambridge, Quincy, Arlington and Dedham. Now, unless traffic signs are posted otherwise, it’s 25 mph in these communities. 

While the speed limit in these communities has dropped, the fines remain the same. In Massachusetts, speeding carries a $105 fine for speeding. If you exceed the speed limit by 10 mph, there is an extra $10 fine per each mile per hour.

Boston was the first to approve lower speeds, with this taking effect in January 2017. But the City of Boston’s goal was always 20 mph and remains so for city neighborhoods. In fact, the Boston City Council approved a 20 mph speed limit back in 2016.

As the City of Boston pursues a 20 mph speed limit for neighborhoods, there is early data showing that the 30 to 25 mph drop has changed traffic patterns for the better. According to an Insurance Institute for Highway Safety study, after the lower speed limit took effect, Boston saw a 29 percent reduction in traffic traveling over 35 mph.

Mayor Walsh also announced other transportation initiatives last week, including the creation of special drop-off and pick-up sites for Uber, Lyft and other ridesharing vehicles. Data from the Massachusetts Department of Public Utilities confirms that Boston is the truly the hub of ride-hail services. During 2017, nearly 35 million rideshare trips began in the city. Boston saw more than 6 times as many rideshare starts as Cambridge, which has the second largest presences in Massachusetts.

Walsh’s other proposal is to give every student in the Boston public school system a MBTA pass. The price tag hasn’t been negotiated yet with the MBTA. Currently, the city receives a subsidy from the MBTA and pays $5.6 million for MBTA passes for students in Grade 7 and 8 who live more than a mile and a half from their schools.

Data That Supports 20 MPH

  • According to the VisionZero Network, 9 out of 10 pedestrians who are hit by a vehicle traveling 20 mph survive. Increase the speed to 30 mph and the survival rate drops to 50 percent. At 40 mph, just 10 percent of pedestrians survive.
  • Speed is a factor in nearly one-third of all traffic deaths in the U.S. (Source: VisionZero Network).
  • Speeding crashes claimed the lives of 59,374 people on U.S. roads from 2010 to 2015 (Source: VisionZero Network).
  • Cars speeding through red lights are a leading cause of urban car crashes, according to the Insurance Institute for Highway Safety. Some states and local communities permit use of red light and speeding cameras to improve enforcement. But many do not, including Massachusetts and our neighboring New England states. Rhode Island is the one exception, allowing red light cameras by state law and city ordinance. State law permits use of speeding cameras in school zones on weekdays.

Related:

Walsh to propose 20 mph limit in neighborhoods and new Uber, Lyft pickup sites, Boston Globe, March 7, 2019

Slow Down! Boston, Cambridge and Other Cities Have Dropped Speeds to 25 MPH, Massachusetts Injury Lawyer Blog, May 23, 2017

City of Boston to Lower Speed Limits to Reduce Traffic Fatalities, Massachusetts Injury Lawyer Blog, December 14, 2015

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People walking in a crosswalk

Somerville residents are asking for new traffic calming measures after a fatal pedestrian crash last weekend on Powder House Boulevard and Hardan Road. Police are searching for the driver, who fled the scene.

The Somerville community is wrestling with the horrific crash that killed a teacher in a crosswalk last Friday night.

Somerville Police are still searching for the driver in the Somerville pedestrian crash. The driver struck Allison Donovan, an educator in the Watertown public school system, shortly after 7 p.m. Friday, then fled the scene. Another woman in the crosswalk suffered non-life-threatening injuries.

Traffic jam

As a record-number of holiday travelers hit the road, Boston will be especially hard hit this week, according to AAA’s travel forecast.

However you celebrate, we hope you enjoy a festive holiday season, filled with friends, family, holiday events or volunteering.

But most of all, here at Breakstone, White & Gluck, our attorneys hope you commit to travel safely during the holidays. While it’s the season for giving, Thanksgiving to New Year’s brings some of the most dangerous days on the roads.

AAA is forecasting a record-breaking 112.5 million holiday travelers – or 1 in 3 Americans. This represents a 4.4 percent increase over last year. More than 102 million will travel by car, the highest number in 17 years. The forecast holds bad news for Boston though. On Wednesday afternoon, we could end up with one of the longest commutes in the nation.

Tips for driving safely for the holiday season:

Plan for Boston holiday travelers. AAA and INRIX forecast this Thursday, Dec. 20th, will be the most congested day nationwide. Boston is on a list of 10 holiday hot spots, with the worst travel expected on Wednesday, Dec. 19th. The absolute worst time to drive is 3:30 to 4:30 p.m. that day and you can expect the commute to take 3.5 times as long. It’s hard to believe the forecast is so terrible. It’s based on historical data and recent travel trends.

Unfortunately, this heavy traffic won’t just impact those starting their holiday commute; it will also challenge workers, school buses, delivery services and just about all of us.

Make a plan. Take public transportation if you can. Adjust your work hours if your employer allows it. Services like Waze and Mass511 can help you navigate and take away some of the stress.

Buckle up. Wear your seat belt at all times. When driving others, ask if they are buckled up before you start moving. People really need the reminder. Even after years of safety campaigns, nearly 10 percent of Americans are still not wearing seat belts, according to the National Highway Traffic Safety Administration (NHTSA). In 2016, seat belts could have saved more than 2,400 people killed in car accidents (Source: NHTSA).

The day before you travel, also take time to check your children’s car seats, so they are properly secured.

Plan enough space for holiday gifts. When traveling with gifts or food, make sure you leave enough space so you can see through your windows.

Watch your speed, especially near pedestrians. Speeding is involved in one-third of all traffic fatalities, according to the NHTSA. It is also a leading cause in car accidents which injure pedestrians. Commit to traveling the speed limit or slower if you need to adjust for weather conditions, dark roads or unfamiliar areas. Have patience in parking lots and remember, during the holiday season, pedestrians may be out later at night.

Drive sober. If you celebrate outside your home, our suggestion is to skip the alcohol and focus instead on all you are grateful for this year. If you plan to drink, choose a designated driver whom you trust not to drink. As a backup, install the Uber and Lyft apps on your phone.

Drunk drivers killed 10,874 people in motor vehicle crashes in 2017, representing 29 percent of all traffic fatalities in the U.S., according to the NHTSA. Here in Massachusetts, drunk drivers caused 34 percent of all traffic deaths.

As personal injury attorneys who represent those injured by drunk drivers, we know firsthand that when someone is killed by a drunk driver, nothing is ever the same for the family. Drunk driving accidents are senseless, entirely preventable had the driver just made a better decision.

As for drunk drivers, they can be criminally charged and expect to face a civil lawsuit, as can others in certain cases, including bars and restaurants in liquor liability cases.

Marijuana will be in greater supply this year, after retail stores have opened for recreational marijuana sales in Massachusetts. Use good judgment. Do not consume marijuana when you are driving. Users are about 25 percent more likely to crash than other drivers, according to the Centers for Disease Control and Prevention.

No distracted driving. We cannot say it enough: it’s critical to put your cell phone away when you are driving, especially in heavy traffic. Tell your loved ones your phone is off the hook until you stop driving and turn your engine off. Stay committed to that. Don’t engage in texting while driving, reading e-mail or checking Facebook when driving.

Have your directions ready in advance. If you are driving long distance with children, make sure you have snacks, books, coloring sets or games prepared. If possible, drive with another adult so they can respond to your children and make an emergency call if necessary.

Finally, plan ahead and decide where you want to take rest breaks.

Emergency supplies. Do everything you can to ensure you reach your destination safely. Carry cash, a credit card and an emergency kit containing: a mobile phone charger, a first-aid kit, water and snacks, a flashlight and extra batteries, warning flares, jumper cables and a basic tool kit. And don’t forget ice scrapers, shovels and blankets.


Additional resources:

AAA’s Holiday Travel Forecast for 2018

National Highway Traffic Safety Administration

2017 Data: Alcohol-Impaired Driving, NHTSA


About Breakstone, White & Gluck

Free Legal Consultation: 800-379-1244

For more than 25 years, Breakstone, White & Gluck has represented those injured by car accidents in Massachusetts. Our Boston car accident lawyers are known for our top results for clients and their families. We have consistently been recognized for our results, including by Massachusetts Super Lawyers, Top 100 New England Super Lawyers and Top 100 Massachusetts Super Lawyers. 

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

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shopping mall parking lot

Parking lot crashes are more likely in Boston and Massachusetts this time of year, as holiday shoppers are out. What can you do to prevent accidents? Put down your cell phone, slow down and always watch for pedestrians.

When you finish your holiday shopping, and start to head home, you may be tempted to pick up your cell phone and call someone. But the parking lot is not a safe place and the holidays are not the season.

Unfortunately, car accident claims typically rise during the holidays, as many of us head out shopping or to enjoy holiday lights. According to the National Safety Council (NSC), the increase begins around Thanksgiving and Black Friday. We are now approaching one of the worst stretches, the days just before Christmas. 

At Breakstone, White & Gluck, our Boston personal injury lawyers urge you to travel slowly and set aside distractions to prevent parking lot crashes. Too many drivers are engaging in these distractions, according to this recent National Safety Council poll:

  • 66 percent of drivers nationwide said they would make phone calls while driving through parking lots.
  • Teens were less likely to make phone calls than adults (60 percent).
  • Another 63 percent said they would program GPS systems.
  • More than half, 56 percent, said they would text and 52 percent said they would use social media.
  • Another 50 percent said yes to sending or receiving e-mails, while 49 percent said they would take photos or watch videos.
  • More than half of all teens and adults also admitted they would take time for personal grooming (59 percent of teens; 53 percent of adults).

Tips for Preventing Parking Lot Crashes

  • Drive slowly. Give yourself plenty of time to react to pedestrians and other vehicles.
  • Do not cut through parking lots; follow the traffic lane.
  • Avoid distracted driving activities, such as cell phone use, texting, listening to loud music and engaging in intense discussion. 
  • Choose your place to check electronics, such as before you leave the mall or store.
  • Use blinker signals.
  • Obey stop signs and other signs. Back out carefully.
  • Always watch for pedestrians in the parking lot and at the entrance. Be extremely patient and always wait for them to reach the sidewalk before moving.
  • Walk all the way around your vehicle before stepping inside, looking for pedestrians and parents with small children and baby strollers.
  • Consider parking away from other cars to avoid shopping mall parking lot crashes.

The Impact: Parking Lot Crashes

The Insurance Institute for Highway Safety reports parking lot crashes account for about 20 percent of all auto claims. The NSC reports on average each year, there are 60,000 injured by parking lot crashes and 500 or more who die. Pedestrian accidents account for many parking lot crashes. Backup accidents are responsible for nearly 10 percent of fatal pedestrian crashes in parking lots.

Over the past few years, a number of pedestrian accidents in Massachusetts parking lots have been fatal. In 2017, a Trader Joe’s employee in Acton was killed. A year earlier, a 52-year-old woman died in Wilmington, outside a Rite-Aid. In 2015, a pedestrian was killed in the parking lot of the Cloverleaf Mall in Natick, just across the street from the Natick Collection (or the old Natick Mall).

Cell Phone Use and Massachusetts Law

Eight years ago, Massachusetts banned texting while driving. If you are texting or writing an e-mail and cause a car crash, you could be cited by police. If you injure another driver, the police citation could be used in a civil lawsuit to prove your negligence and you will have to pay compensation to the victim.

All but three states have texting while driving bans. Hand-held cell phone bans are a different story, with just 16 states approving bans. Hand-held cell phones are still permitted when driving in Massachusetts, but safety advocates urge drivers not to use them, especially in parking lots. In a matter of seconds, a simple act such as trying to look up GPS directions or dialing a friend can lead to a serious and possibly fatal accident.

Free Legal Consultation: 800-379-1244

If you have been injured in a parking lot crash, it is important to learn your legal rights for seeking financial compensation under Massachusetts law. Contacting a Boston car accident lawyer promptly is essential so they can act quickly to protect your rights.

At Breakstone, White & Gluck, our lawyers have over 100 years combined experience representing those injured in auto collisions. For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.

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

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

School bus with stop sign and lights

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

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

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

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

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

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

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

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

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

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

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

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

20171114-map-app-1200

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

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

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