Backover Accidents Endanger Children

It is frightening to watch a driver back up toward a child at play. At least 50 children are victims of backover accidents each week, according to KidsandCars.org. More than 70 percent of backover accidents involve young children and a parent or a relative. Many of these car accidents occur right in home driveways.

As traumatic as backover accidents are, many injuries are preventable. Drivers can recognize the safety risk and make use of technology. Families can communicate and plan. Involve friends and family who visit and park at your home in this conversation. Before they arrive, suggest a safe parking space.

As a Massachusetts driver, you can help prevent backover accidents through a combination of steps. You can use a back-up camera. Stay aware of your blind zone. Near children, the most effective prevention may be getting out and walking around your vehicle. Make sure you have a clear path of travel and if you don’t, be patient. Stay where you are for an extra few minutes until the children have gone back inside.

For Families:

Comings and Goings. Start by keeping your family together when someone arrives and departs. Keep children inside and let them wave to the driver from the window. If children are outside, an adult should be outside supervising them. Gather together on the front steps or a safe place. Hold on basketball, bikes or riding toys until the person leaves. It’s hard for a young child to resist chasing a ball.

Driveway Barriers. Parents can keep traffic cones in the shed. Put the cones out in your driveway when you are concerned or to block delivery drivers from pulling. You can also look into portable neon driveway fencing products.

For Drivers:

Walk Around the Vehicle. Even if drivers have a back-up camera, walk around your vehicle. Check underneath your vehicle and observe if a child or anyone is nearby or may move into your path of travel (such as a child riding a bike or someone pushing a shopping cart).

Park Consistently. If you are a parent or live near children, park your vehicle in the same place in your driveway or garage each day. Be consistent with your approach. Whether you pull in or back into your driveway or garage, make sure children are in a safe place. If you are a parent, keep children in the backseat if you back in. Come to a complete stop, turn and check on your children in the backseat, then get out of the vehicle together.

Large Vehicles. Trucks, SUVs, RVs and vans are more likely to cause backover crashes, according to NHTSA. The taller the vehicle, the greater the driver’s blind zone.

Blind Zone. The blind zone is the area behind a vehicle which a driver can’t see. Whatever vehicle you drive, learn about your blind zone. Consumer Reports found small sedans usually have a 12 foot blind zone for the average driver. Midsized SUVs have an 18-foot blind zone, while large SUVs have 19 feet. Pick-up trucks have the largest blind zone among the passenger vehicles – 24 feet.

Back-up Cameras. As of May 2018, all new passenger cars, trucks, vans and other vehicles weighing less than 10,000 pounds have to be outfitted with rearview monitoring technology, according to Edmunds.com. If you are driving an older vehicle, you can install a back-up camera on  your own – and it is an important tool which can save lives. Read “How to Add a Backup Camera to Your Car,” by Consumer Reports.

Bicycles and Pedestrians. Backover accidents can also injure adults, including cyclists and pedestrians. Look all around your vehicle before you pull out of a parking space. Be aware of different types of activities and movements in downtown and other business areas. When possible, avoid parking near crosswalks.

Parking Lot Crashes. In parking lots, pull into parking spaces whenever possible. Keep watch of pedestrians and shoppers when you pull out or back out of spaces. Set aside cell phones and do not drive when you are overfatigued.

Another note is right now, many Massachusetts grocery stores, retailers and restaurants are offering curbside pick-up services. While convenient, remember not every business is experienced with this. Drive into parking lots slowly and watch for curbside pick-up signs. If there are no signs, find a parking space and call the store. Always watch for pedestrians, who are also just figuring this all out.

Boston Car Accident Lawyers – Free Legal Consultation

At Breakstone, White & Gluck, our Boston car accident attorneys specialize in representing victims of car accidents and pedestrian accidents. We represent those injured across Massachusetts, from Boston and Cambridge to the North Shore to Quincy and the South Shore 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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In Massachusetts, Less Traffic Congestion, But Drivers are Speeding Dangerously Down Open Roads

Driver stops for pedestrians in Boston
Driver stops for pedestrians in Boston

In Massachusetts, traffic is lighter during the COVID-19 emergency, but drivers are being warned to slow down.

During the COVID-19 emergency, Massachusetts residents are getting an unprecedented look at life without traffic congestion. With fewer cars out, there have been fewer accidents. But the drivers who are out have been speeding down open streets. State transportation officials say the high speeds are contributing to traffic fatalities.

The rate of traffic fatalities doubled in April, when traffic dropped by 50 percent on some highways, according the Massachusetts Department of Transportation (or MassDOT). The Boston Globe reported that 28 people died in April, compared to 27 during April 2019, when there was no disruption to traffic.

Speeding and distracted driving have contributed to fatal accidents. According to MassDOT, the fatal crashes resulted in the deaths of drivers, passengers, two motorcyclists and three pedestrians. In Boston, a cyclist was killed by a large truck near Massachusetts and Harrison avenues.

In Boston, Mayor Marty Walsh urged drivers to slow down during his briefing last week. News briefing posted May 1.

“With less traffic, what we’re starting to see is increased speed,” Walsh said. “So the crashes that do happen have been more severe due to the high speed impacts. Even an increase of four to five miles per hour can make a big difference in terms of injuries and possible death.”

The MassDOT did not provide overall crash data for last month. Preliminary data shows two-thirds of crashes happened on local roads.

When traveling in their communities, drivers must remember that they share the road with cyclists and pedestrians. Right now, there are more people out, of all ages. It is essential to stop at crosswalks, yield to pedestrians and drive slowly.

It is also essential to watch for cyclists and practice situational awareness, especially when turning at intersections. Remember that cyclists are allowed to travel in bike lanes, on the right side of the road or in the middle of the lane if necessary for safety. Because cyclists may need to change their lane (for example, to avoid an illegally parked car), it is important to provide cyclists with ample room to make safe decisions.

Just How Slowly Should You Drive?

As a first step, commit to follow the speed limit or travel even slower when necessary. By doing so, you leave yourself more time to stop and prevent a crash before it happens.

It is important to remember that you control your speed and research has found fatal injuries are less likely at lower speeds.  Consider a driver who was traveling at 40 mph and hit a pedestrian. There is a 73 percent likelihood that the driver will cause the pedestrian severe injury or death, according to the Vision Zero safety campaign. At 30 mph, the risk for severe injury or death is reduced to 40 percent. At 20 mph, there is a 13 percent likelihood of causing severe injury or death.

Fewer Drivers, Fewer Tickets and Fewer Car Accidents

The Boston Globe reported on Massachusetts traffic activity on April 30th. As the state responds to COVID-19, there has been a dramatic decline in traffic, citations and accidents.

From March 23 to April 26, more than 2,600 car accidents were reported across Massachusetts. 12,000 car accidents were reported during the same period in 2019.

Another measure of driving activity is usually traffic citations or moving violations, such as speeding and parking violations. But during the first three weeks of April 2020, as residents stayed home and law enforcement responded to COVID-19, Massachusetts police departments issued 95 percent fewer tickets for moving violations compared to the same period in 2019.

While traffic remains light overall, Massachusetts State Police have also observed a “significant surge” in drivers speeding more than 100 mph, according to the Globe. Specifically, drivers have also complained about speeding on the MassPike. Now, the agency plans to increase patrols at random times and places.

Breakstone, White & Gluck – Boston Car Accident Lawyers

Free Legal Consultation

Breakstone, White & Gluck represents those who have been injured by the negligence of others in Massachusetts. Our personal injury attorneys provide experienced representation after motor vehicle accidents, including car accidents, truck crashes, pedestrian accidents and bicycle collisions.

Learn your legal rights after an accident. For a free legal consultation, contact Breakstone, White & Gluck. Call 800-379-1244 or 617-723-7676 or use our contact form.

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COVID-19 Safety for Cyclists and Pedestrians in Boston and Massachusetts

man riding bicycle in mountains
man riding bicycle in mountains

Massachusetts safety groups share COVID-19 advisories for cyclists and pedestrians.

At Breakstone, White & Gluck, our attorneys encourage you to follow the Massachusetts “stay at home” advisory. When you go out for essential errands, the CDC advises you to wear a face mask and follow social distance guidelines, staying at least 6 feet apart from other people.

Yet it is also important to get outside for a few minutes of fresh air each day, even if you just stay in your own yard or walk down the street. With many of us so distressed, this can be hard to do, but if you are healthy and able, we have compiled these safety tips from the CDC, the Massachusetts Covid-19 website and bike and pedestrian groups we support.

Massachusetts Stay at Home Advisory

State officials have advised light exercise, such as a walk or run around your neighborhood, is acceptable but you have to follow social distancing and other guidelines. Playing close contact sports with others is against the state guidelines. Mass DPH Health Advisory: Stay at Home (March 24, 2020).

MassBike

MassBike issued a COVID-19 safety update, dated April 19, 2020, saying its response has generally been to follow the Massachusetts Governor’s Office and the Centers for Disease Control. Cyclists can ride, “But MassBike certainly agrees with, and wants to reiterate, the official message of #StayHomeSaveLives. We encourage you all to stay home as best you can.”

MassBike’s safety tips included:

  • Never ride if you are ill or are experiencing of COVID-19.
  • Ride solo or only with others you live with.
  • Wear a mask.
  • Carry your supplies so you can avoid stopping and and interacting with people.
  • Look for a place where others are not riding.
  • Ride with caution.

The CDC recommends people stay at least six feet apart, but how can you measure distance when you are moving? That’s a good question and in its post, MassBike mentioned a Belgium study on social distancing on bikes. The study advises people to walk about 12-15 feet away to maintain safe social distancing or about 30 feet for running and slow biking. When cycling fast, bicyclists should keep at least 60 feet apart.

Boston Cyclists Union

The Boston Cyclists Union says yes, cyclists can still ride. If you do, the organization recommends riding alone or only with others in your home. It also suggests wearing a mask to protect yourselves and others. Read the Boston Cyclists Union advisory, April 1, 2020.

WalkBoston

WalkBoston released an update on March 27, 2020. It also warned the public to practice social distancing when walking. The organization, active in Boston and across Massachusetts, offers a weekly email newsletter.

Massachusetts City and Town Advisories on Expanded Recreation Areas 

Some communities are talking about opening up roads so pedestrians and cyclists have more room to exercise and follow social distance guidelines. In Brookline, the Transportation Board removed parking and traffic lanes and opened up parts of Beacon Street, Brookline Avenue and Harvard Street to pedestrians.

The City of Boston also closed three Department of Conservation and Recreation (DCR) parkways to traffic, giving pedestrians and cyclists more room. These include the William J. Day Boulevard, Francis Parkman Drive and Greenough Boulevard.

In Cambridge, the City Council was also considering closing roads along Memorial Drive.

Final Note:

In addition to taking COVID-19 safety precautions, cyclists must remember to follow fundamentals, such as always wearing a properly-fitted helmet and using rear and front lights on your bike. If you need a new helmet, supplies or a tune-up, local bike shops are considered “essential businesses” and are allowed to open. Finally, both cyclists and pedestrians can protect themselves by wearing brightly colored clothing or a neon safety vest to stand out. While traffic has decreased on many roads, there are still many drivers out and it’s important to be vigilant about safety.

If you are interested in learning more about bike safety, consider checking out our articles:

Quick Facts About Cycling in Massachusetts

Tips for Safe Bike Commuting in Boston

Other COVID-19 Resources
CDC Advisory on Protective Face Masks
State of Massachusetts COVID-19 Updates
Consumer Reports, “Bike Riding Safety During the Coronavirus Pandemic,” April 10, 2020

Free Legal Consultation – Boston Personal Injury Lawyers

Breakstone, White & Gluck supports cycling and pedestrian safety in Massachusetts. Through our Project KidSafe campaign, we are committed to protecting children on bicycles from concussions and traumatic brain injuries.

If you have been injured, learn your legal rights. Breakstone, White & Gluck represents those injured by negligence and recklessness throughout Massachusetts, including in car accidents, truck accidents, motorcycle accidents, bicycle accidents and pedestrian accidents. 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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Beware: The Most Dangerous Pedestrian Street Crossings in Massachusetts

Pedestrian traffic signals can help contribute to driver awareness of pedestrians and reduce the risk of pedestrian crashes.
In Massachusetts, the risk of pedestrian accidents can be reduced with safety infrastructure, such as pedestrian traffic signals.

Pedestrians walk safer in Massachusetts communities which utilize pedestrian traffic signals to reduce the risk of crashes.

Pedestrian safety is always an important topic. But in Massachusetts, the topic is most critical during the winter months, when a large number of pedestrian accidents happen.

First, everyone on the road – drivers, pedestrians and cyclists – must use reasonable care and follow traffic laws. Then, take another careful look at intersections and school zones you travel through. Read traffic signs and find the crosswalk markings. They may not be as visible during snow conditions, at night or when a large truck is in the next lane. Make sure to stop well before the crosswalk.

Under Massachusetts law, pedestrians have the right of way when they are in a crosswalk and the “Walk” signal is operational. When there is no signal, drivers shall yield the right of way to pedestrians.

Finally, learn where pedestrian accidents and crosswalk accidents have happened in Massachusetts. Read the list below and take away any insights you can to protect yourself, older parents and young children.

Lynn
From 2007 to 2016, the Massachusetts Department of Transportation (MassDOT) reported the highest numbers of pedestrian crashes were in Lynn. The downtown area – the roads along Washington Street, Central Avenue and Union Street – saw a total of 321 pedestrian crashes, including 223 incidents which resulted in injury or death. There were another 98 crashes without injuries.

Chelsea
The area approaching the Tobin Bridge saw 260 pedestrian crashes over the same decade. The crash cluster included Chestnut Street, Cherry Street, Ash Street and Everett Avenue. These reports included 192 pedestrian crashes resulting in injury or death and 68 other incidents with no injury reports.

Fall River
MassDOT reported North Main Street and surrounding streets had the third highest number of pedestrian accidents. There were 143 pedestrian injuries and deaths. This cluster included North Main Street then stretched over Interstate 195 to Columbia Street, Hope Street, down to Peckham and Palmer streets.

Cambridge
Central Square is one of the busiest pedestrian walking areas in all of Massachusetts. Central Square and nearby streets ranked fourth for pedestrian accidents in Massachusetts. With 143 total crashes, this cluster includes Lansdowne Street and Hancock Street. This area is near the Central Square T stop, bus services and Cambridge city services.

Boston
With 134 pedestrian crashes, a stretch of downtown Boston ranked fifth for the most pedestrian accidents. This area included Boylston Street to the Mass Turnpike, Route 93 and Frontage Road. There were 84 crashes resulting in injury or death.

New Bedford
This Bristol County community saw 82 pedestrian crashes between Route 6 and Hawthorne Street, which is near the waterfront and Buzzards Bay. Of these, 65 crashes resulted in death or injury.

Quincy
There were 77 total crashes which injured pedestrians in downtown Quincy between 2007 and 2016. These pedestrian crashes happened along Hancock Street, between Elm Street and the corner of Washington Street corner. This area sits near Quincy City Hall, the Thomas Crane Public Library and National Park Service.

Worcester
85 Worcester pedestrian accidents were reported in a cluster of streets along Francis J. McGrath Boulevard. These streets included Southbridge Street, Charleton Street and Sycamore Street. Injury was involved in 55 of these Worcester pedestrian crashes.

New Bedford
Along Acushnet Avenue and Sawyer Street, approaching Interstate 195, there were 72 pedestrian accident reports. Of these, 55 pedestrian accidents involved injury or death.

Somerville and Cambridge
There were 69 pedestrian crashes reported in the traffic cluster around Davis Square in Somerville, just along the Cambridge border. Davis Square is where Highland Avenue converges with Holland Street, College Avenue, Dover Street and Day Street. Just a mile from Tufts University in Medford, Davis Square is an ideal commuter location, with an MBTA Red Line subway service into Boston and Cambridge.

About the Data
This data was published in the MassDOT 2016 Top Crash Locations Report, December 2018.

About Breakstone, White & Gluck

At Breakstone, White & Gluck, our attorneys provide experienced representation to those injured by negligent driving, including in pedestrian accidents and bicycle crashes. If you have been injured, learn your rights. 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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Protecting Older Pedestrians From Car Accidents in Massachusetts

Driver and an older pedestrian at a Massachusetts crosswalk
Driver and an older pedestrian at a Massachusetts crosswalk

Massachusetts state officials are working to improve safety for older pedestrians.

When the snow falls, Massachusetts becomes more treacherous for everyone who walks. Older pedestrians are particularly vulnerable.

Massachusetts now has more than one million residents who are 65 or older – or roughly 15 percent of our population, according to a recent report, “Risk Factors for Older Pedestrian Injuries and Fatalities in MA.” The report was prepared for the Massachusetts Department of Transportation (MassDOT) in August 2019.

As Massachusetts residents live longer, many are more likely to be out walking for health or transportation. The state report identifies common risks to older pedestrians:


Winter Months. Researchers studied 4,472 pedestrian crashes across Massachusetts between 2006 and 2015, reporting crashes involving older pedestrians peak at 5 p.m. and during the month of December. November and January are also high risk months for older pedestrians, as they navigate darker conditions. When snow and ice is not cleared, sidewalks, parking lots and driveways can also contribute to unsafe conditions, as do drivers who fail to look for pedestrians and stop at crosswalks.

Causes of Older Pedestrian Crashes. Drivers who caused older pedestrian crashes were often inattentive, failed to yield the right of way or had trouble with visibility.

Where Older Pedestrians Were Hit. Older pedestrians were often hit at crosswalks at intersections, where they should have safety protections.

Where Older Pedestrians Crashes Occur. Researchers found Cambridge, Fall River, Lynn and New Bedford among the the top communities for highest number of older pedestrian crashes and the highest per capita.

Changing Face of Pedestrian Accidents. Crash rates involving “younger old” pedestrians – those between age 55 and 74 – increased. Crash rates among older pedestrians (75 and older) remained consistent.

Community Health. Communities with higher rates of disability reported greater rates of older pedestrian crashes. These included the urban neighborhoods of Boston, Lawrence and Chelsea.

Community Amenities. Communities with a high number of cultural amenities within walking distance – such as libraries and fitness centers – had higher crash rates among older pedestrians.

Not Just Older Pedestrians in Massachusetts. This state report comes as pedestrian fatalities rise across the country. Last March, the Governors Highway Safety Association announced a 35 percent increase in pedestrian deaths from 10 years ago (Streets Blog). This was the highest number of pedestrian fatalities since 1990.

Nationally, research shows 48 percent of pedestrian fatalities involved victims 50 and older, according to the Massachusetts study. Meanwhile, Massachusetts reports half of all pedestrian fatalities involve a pedestrian 55 and older.


Report Recommendations

The state report recommends work to protect older pedestrians be tied in with the Governor’s Council to Address Aging in Massachusetts, which was established in 2017. Among other advisories, the state report also sought infrastructure improvements in certain communities and creation of a winter public awareness campaign aimed at protecting older pedestrians.


Our Safety Tips for Pedestrians During Winter

Wear Neon. Pedestrians can make themselves more visible to traffic by wearing neon colors and neon reflective tape. Consider buying neon jackets, vests, hats and gloves to stand out.

Our Safety Tips for Drivers During Winter

Stop at Crosswalks. Make eye contact with pedestrians at crosswalks. Stop as they cross.

Other Drivers. Stop if you are approaching a driver who has stopped for a pedestrian at a crosswalk. Allow the pedestrian to completely cross the street.

Avoid Night Driving At Times. If you are overtired or are having trouble seeing at night, don’t drive. Make an appointment to have a doctor check your vision. Wear your eyeglasses as prescribed when you drive.

Limit Alcohol Consumption. Never drive while intoxicated. Use the designated driver system.

Free Legal Consultation – Boston Personal Injury Lawyers

With over 100 years combined experience, Breakstone, White & Gluck has been consistently recognized for our results in personal injury cases in Massachusetts, including by Top 100 New England Super Lawyers and U.S. News Best Law Firms. If you or a loved one has been injured by someone’s negligence, it is in your best interests to consult an experienced personal injury lawyer. 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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In the Battle for Safety, Cambridge Lowers Speed Limits to 20 MPH

20 mph speed limit

20 mph speed limit

Drivers, double check your speed next time you visit Cambridge. In mid-November, the city plans a slow down to 20 mph on most city-owned streets. The city says, when in doubt, go 20 mph. 

The City of Cambridge announced the new 20 mph speed limit this week, a decision made in response to residents’ concerns about speeding vehicles and the risk for pedestrian accidents and injuries to cyclists. Cambridge follows Boston and Somerville in pursuing 20 mph speeds on certain city streets. Each city has a VisionZero safety campaign and is working to eliminate traffic fatalities. 

Cambridge first lowered speed limits from 30 to 25 mph on most city-owned streets in December 2016. The Massachusetts Legislature granted cities and towns this authority earlier that year with passage of the Municipal Modernization Law. Specifically, communities were given the authority to lower speeds from 30 to 25 mph in locally-owned thickly settled areas.

In response, dozens of communities adopted 25 mph speed limits to reduce the risk of accidents. Few have pursued 20 mph – yet.

But according to the City of Cambridge’s announcement, the law allows communities to establish 20 mph “safety zones” in the interest of public safety. Cambridge will be installing 660 new “safety zone” signs. 

The City of Somerville has also taken advantage of this provision of the law. Last we knew, the City of Boston – which was the first to pursue 25 mph, then 20 mph speeds – was still working on the issue. Here is our last update on Massachusetts speed limits  (though please note: there may have been additional action since then).

Check a street: Not every street in Cambridge will be impacted. Larger streets like Brattle Street and Cambridge Street will stick with current speeds. Roads under state management – such as Memorial Drive – will not change. You can check out the map here: www.cambridgema.gov/20mph.

It’s worth noting Cambridge’s squares – including Harvard Square, Lechmere Square and Porter Square – won’t see any change. The city lowered speeds to 20 mph back in early 2018.

Cambridge’s Influence on Traffic Safety

Cambridge has been ambitious in making traffic safety improvements. In addition to lowering speeds, the city announced a new City Safety Ordinance earlier this year. The city made the commitment to add permanent separated bike lanes whenever it reconstructs roads identified in the Cambridge Bicycle Plan. With full build out, this would give the city an impressive 20 miles of protected bike lanes. Cambridge Bicycle Safety, a local group, said this could reduce 40 percent of Cambridge bicycle accidents, the one which occur outside intersections.

The city, while committed, does concede there may be cases when these bike lanes aren’t possible due to road conditions.

The bottom line is Cambridge has such a strong influence on transportation in the Boston region, just by virtue of its geography. It borders Somerville, Boston, Arlington, Belmont and Watertown. And because it’s one of the largest cities in Massachusetts, its work to promote safety will be watched across the state and nationally.

Free Legal Consultation – Boston Pedestrian Car Accident Lawyers

Breakstone, White & Gluck has represented accident victims in Boston, Cambridge and across Massachusetts since 1992. Our attorneys are dedicated to our clients and our results. We provide the prompt and thorough investigation required after pedestrian car accidents and bicycle crashes

If you have been injured by a driver, we offer a free legal consultation to advise you on whether you may pursue a financial claim for your injuries and other losses. Consult one of our personal injury attorneys today at 800-379-1244 or 617-723-7676. You can also use our contact form.

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Bicyclist and Pedestrian Deaths Keep Rising

Cyclist after a hit and run crash

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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Attorney Marc L. Breakstone Reaches $2.15 Million Settlement with Shopping Plaza Over Fatal Crash in Unsafe Parking Lot

Attorney Marc L. Breakstone

Marc L. Breakstone

Attorney Marc L. Breakstone has settled a wrongful death case involving a crash at a shopping plaza which failed to protect pedestrians. He has settled the case for the victim’s family for $2.15 million.

The settlement is a reminder that retail property owners have a responsibility to take adequate steps to protect customers and other pedestrians in Massachusetts.

Our client was a 73-year-old man who was killed in 2015. That November, he had been leaving a store with a friend and was hit and killed by an 87-year-old driver. The driver had suddenly and unexpectedly accelerated through the parking lot and onto the sidewalk. Our client died immediately from his injuries, while his friend and another pedestrian were also injured.

Attorney Breakstone conducted a thorough investigation into the crash, which was captured on multiple surveillance cameras. Evidence suggested the elderly driver hit the accelerator instead of the brake.

As his investigation developed, Attorney Breakstone determined the owner of the shopping plaza had failed to provide adequate protections for pedestrians in the spot where our client was killed. This was significant because the owner had taken care to set up protections in other areas. Over the years, more than 30 bollards had been placed at the rear and side of the shopping building. Bollards had also been installed in front of another retail store, but not where the accident occurred.

Had the case gone to trial, Attorney Breakstone was prepared to call an engineering expert to testify that this was a breach of industry standards for providing safe walkways.

Read more about this case on our website.

About Attorney Marc L. Breakstone
Attorney Breakstone has established a reputation as one of the top personal injury lawyers in Massachusetts and New England.  He has been recognized as a Top 100 New England Super Lawyer, a Top 100 Massachusetts Super Lawyer and a Massachusetts Super Lawyer in Plaintiff’s Medical Malpractice. Read his bio.

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Traffic Signals Under Scrutiny After Serious Pedestrian Crashes in Boston and Somerville

Pedestrian crashes 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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Finding the Top 50 Car Crash Locations on Cape Cod

Massachusetts Car Accident

Cape Cod car accident lawyersIf you regularly travel to Cape Cod, you know to expect traffic slowdowns and use caution near the Bourne and Sagamore bridges. Now, a new report sheds light on just how many accidents really happen at Cape Cod rotaries and intersections.

The Cape Cod Commission released its, “Barnstable County High Crash Locations,” report last month. The report identifies 50 of the most dangerous intersections and several other rankings. These rankings were developed through analysis of 2012-2016 traffic data from the Massachusetts Department of Transportation (MassDOT) and local police departments. The commission collected data on the number of crashes and Equivalent Property Damage Only (EPDO) accidents. Traffic data typically counts EPDO accidents, along with car accidents resulting in injury or death, to provide more context on traffic conditions.

This report confirms that many Cape Cod car accidents are happening on the rotaries in Bourne and Buzzards Bay. Many are also happening on the mid-Cape, in Barnstable, Dennis and Yarmouth. But the report provides insight on just where motor vehicle accidents are happening and how close these accidents are happening to your home, your work, your vacation rental or where you take your daily walk. In some cases, you may want to change which highway exits you use.

If you read the report, you will see there is already good news in some cases; the state and local towns have already implemented improvements to antiquated roads or are planning updates.

But you should also take away the point that it’s important to travel slowly on Cape Cod. This is a special region with beautiful beaches, where residents, vacationers and workers converge each summer from different experiences. As a driver, you have a responsibility to use reasonable care and you give yourself more options by slowing down and putting down your cell phone. Recognize that during the summer season, a safe speed will likely fall below the posted speed limit. Ultimately, your goal is to give other drivers, along with cyclists and pedestrians, adequate room if they need to move over, turn or respond to traffic conditions.

In addition, distracted driving and drunk driving accidents cause many injuries on Cape Cod. Make good decisions. If you drink, stay home or use a designated driver system.

Cape Cod Rotaries with the Most Traffic Crashes

Among rotaries and circular intersections, the Bourne Rotary at Route 28, Sandwich Road and Trowbridge Road saw the highest number of crashes. 445 car crashes were reported over the 5-year period. Safety improvements were completed in 2015. The Mashpee Rotary (at Route 28, Route 151 and Great Neck Road) had the second highest number of Cape Cod crashes.

Two other major intersections in Bourne came in third and fourth, the Otis Rotary at Route 28, Connery Avenue and Lake Drive, and the Belmont Rotary in Bourne at Route 28, Main Street and the Buzzards Bay Bypass. There were 257 Barnstable car crashes in Hyannis, at the Barnstable Airport rotary along Route 28.

Other Top Crash Intersections on Cape Cod Intersections

1) Top Dennis Car Crash Intersection

Route 134 (East-West Dennis Road) at Patriot Square/Market Place

170 crashes and 254 EPDO accidents

2) Top Barnstable Car Accident Intersection

Route 28 (Falmouth Road) and Bearses Way

153 crashes and 285 EPDO accidents

3) Second Highest Traffic Crash Location in Barnstable 

Route 28 (Iyannough Road) at Yarmouth Road

136 crashes and 260 EPDO accidents

4) Top Yarmouth Car Accident Location

Route 28 at Old Main Street/North Main Street

106 crashes, 212 EPDO accidents

5) Dennis Traffic Crash Location with Second Highest Number of Crashes

Route 134 (East-West Dennis Road ( at Upper County Road)

Top Crash Locations Along Route 6

1) Dennis, Exit 9A/9B on Route 6 at Route 134

2) Bourne, Exit 1A Route 6 (Pilgrims Highway) at Scenic Highway

3) Barnstable, Exit 6, Route 6 at Route 132, departing toward Barnstable Municipal Airport, the Cape Cod Mall and the Steamship Authority

4) Yarmouth, Exit 7 Route 6 at Willow Street

5) Harwich, Exit 10 at Route 6 at Pleasant Lake Avenue

Where Fatal Car Crashes Happen on Cape Cod

From 2012-2016, there were 86 fatal crashes on Cape Cod, according to the report. Three communities recorded just about half of these deaths.

Barnstable, which includes Hyannis, Marston Mills and other villages, recorded 19 deaths. There were 13 deaths in Yarmouth car accidents. Meanwhile, Falmouth saw 12 traffic fatalities.

Where Cyclists and Pedestrians are Vulnerable on Cape Cod

  • Along Route 28 in downtown Falmouth, Hyannis, Yarmouth, Chatham and Orleans
  • Buzzards Bay in Bourne
  • Station Avenue in Yarmouth and Route 134 in Dennis
  • Downtown Orleans
  • Commercial Street in Provincetown

The commission also noted that bicycle accidents and pedestrian accidents often go unreported. This may happen when a cyclist or pedestrian decides they were not seriously injured and do not need medical care.

We share shortened versions of the Cape Cod accident locations. Learn more by reading the Cape Cod Commission’s report.

Free Legal Consultation – Cape Cod Car Accident Lawyers

With decades of experience, Breakstone, White & Gluck fights for the rights of victims of negligent or reckless driving on Cape Cod and across Massachusetts. If you have been injured by someone else’s negligence, contact our Cape Cod car accident attorneys and learn your legal rights.

While there are many lawyers based on Cape Cod, be cautious. Resist the urge to hire the first lawyer you speak to. This is a major decision. Before you hire an attorney, carefully review the facts of your car crash with them. Learn about an attorney’s specific experience handling car accident cases in Massachusetts. Some lawyers may concentrate only on car accidents. Some may only have a few years of experience. Others may not have experience taking certain types of cases to trial. These details matter when you hire a motor vehicle accident lawyer. Because you never know whether the insurance company will look to settle or attempt to take a case to court.

At Breakstone, White & Gluck, our attorneys bring over 100 years combined experienced to our clients.  Our partners founded our firm in 1992 and we are known for our extensive experience in the handling of car accident cases, as well as truck crashes and bus accidents. Each year, we also represent cyclists and pedestrians after serious injuries, settling many cases. But we are committed to taking cases to trial when necessary to achieve the best result for our clients.

Please read more on our case results page or from our client reviews.

If you have been injured by someone else’s negligence, we invite you to contact Breakstone, White & Gluck for a free legal consultation: 800-379-1244 or 617-723-7676 or use our contact form.