Articles Posted in Personal Injury

Children's Scooter

Safety tips for children’s scooters.

Children are eager to find fun activities this summer. In response, many parents have purchased new scooters online. As you open the box, remember to approach your child’s scooter as you would a bicycle. Make sure you have an age-appropriate and safe scooter model, along with a safety helmet.

Pre-Purchase: Read Product Materials

Before you buy, carefully read the product description. For children, plan to buy an age-appropriate non-motorized scooter. Check out online reviews and ask friends about their experiences purchasing scooters. Then, search for product recalls on the Consumer Product Safety Commission website. This is essential because at times, online vendors have been caught selling recalled products. Your child could be seriously injured on a recalled scooter.

Try to purchase a new scooter for your child. While bicycles can be passed down and refurbished, children usually wear their scooters out fairly well, especially the thin, fold-up models. If you do find a hand-me-down scooter, do a thorough inspection before giving it to your child. Locate the model number and check the recall database.

Post-Purchase: Inspect Your Delivery

When the scooter arrives, check that you have received the right model number and all the parts. Nothing should be broken or cracked. Register the scooter with the manufacturer to receive product recalls and other updates. Bicycles, skateboards and scooters all contain small parts and screws. Because your child probably rides daily, we suggest keeping the box. Scan the instructions and product support number so they are easily accessible.

Purchase a Helmet

As part of our Project KidSafe campaign, Breakstone, White & Gluck encourages children to wear bicycle helmets to protect against head injuries. Your child should also wear a helmet every time they ride a scooter. Take time to make sure the helmet is properly-fitted so your child is comfortable wearing it.

This is a suggestion and a requirement. A little background: Under Massachusetts law, children 16 and younger must wear helmets on bikes and scooters, as well as other riding toys.

The bicycle helmet law has been in place longer. In 1994, the state of Massachusetts approved a bicycle helmet law for children age 12 and younger. Then, in 2004, Massachusetts expanded the helmet law to children age 16 and younger on bikes, as well as scooters, skateboard, inline skates and manually-propelled wheeled vehicles. These laws are M.G.L. c. 85, § 11B and M.G.L. c. 85, § 11B1/2.

Some parents keep separate helmets for scooters and bikes. It is also acceptable for children to use one helmet, so long as it meets the federal safety standard for bicycles, properly fits and is in good condition. One reminder though: if your child wears one helmet, expect it to wear faster. Be prepared. Stowaway an extra helmet in your garage.

Look for helmets to meet this safety standard, U.S. Consumer Product Safety Commission (16 C.F.R. part 1203). These helmets are designed to protect against skull fractures and severe brain injuries sustained in bicycle accidents and falls. For more information, read the CPSC’s article, “Which Helmet for Which Activity?”

Driveway Safety

Many scooter accidents happen in or near driveways. Think about how you can protect your children while they ride. One idea is you can purchase driveway fencing. You can buy light-weight brightly colored fencing which retracts when you are done playing. Another strategy is you can park your cars between the children’s play area and the road.

Steer Clear of Large Vehicles

Even quiet streets see large vehicles, including SUVs, delivery trucks and trash vehicles. These vehicles can be deadly near young children on scooters. When a large vehicle appears, teach your child to move to a safe location (this may be your front lawn, your driveway, the sidewalk or the side of the road). Children are safest stepping off the scooter until the vehicle turns off the engine and parks or departs. Drivers backing up can be the most dangerous for children on scooters. Have your children wait inside while you back in or out of your driveway.

Bright Colored Clothing

Buy your child a brightly colored vest, shirt or jacket to wear when they ride near your home or around the neighborhood. Drivers don’t expect scooters – they move differently than bicycles or pedestrians – and you want them to really see your child. To reinforce the message,  you can also wear brightly colored clothes as you walk along your child. Everyone is safer when they are more visible to traffic.

Park Scooters at Night

For safety, children should park their scooters at night. Drivers have a responsibility to look and operate with reasonable care. But the truth is more accidents occur at night and drivers are less likely to see bikes and scooters. Children’s scooters may have neon stickers, but these are hardly visible in night traffic.

Non-Motorized Scooters for Children

Say no to motorized scooters. The American Academy of Pediatrics (AAP) has advised against motorized scooters for children under 16. Powered scooters are associated with three times as many severe injuries to children in the U.S., according to a New York Times article on the study.

Scooter Injuries. In the 2008 study, children were more likely to suffer concussions and severe head injuries on motorized scooters. Leg injuries also increased.

More recently, in 2017, the CPSC reported non-motorized scooters were associated with the most injuries among two age groups, children 12 and younger and children under 15. That year, non-motorized scooters caused roughly 20 percent of injuries in both age groups and four deaths of children between 4 and 8 years old. All four children were riding scooters near their family’s home or driveway.

Defective Scooters. Do not assume your child was doing something wrong if the scooter starts to break or a piece falls loose. Manufacturers have had to recall defective scooters on many occasions. Report the incident to the manufacturer. Your report may confirm other reports and prompt them to issue a recall to prevent other scooter accidents and injuries. This is how the process works and it only works if consumers come forward with safety complaints.

Discard Scooters Carefully. If your child wore out their scooter, it’s not safe for use and you should disassemble it. This way, it will not injure another child.

About Breakstone, White & Gluck – Boston Personal Injury Lawyers

At Breakstone, White & Gluck, our Boston personal injury lawyers represent those who have been injured by negligence and recklessness. We are also committed to protecting against head injuries through our Project KidSafe campaign, donating 30,000 bicycle helmets to Massachusetts children since 2013.

We urge families to buy scooters carefully. Always buy a helmet. Always check for product recalls before you buy. Always carefully inspect the scooter when it arrives. Then, after you have taken these steps, you’re ready to enjoy the last few weeks of summer, watching your child ride their new scooter safely.

If you or your child are injured by negligence, please take time to learn your legal rights. 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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dangerous dog

Dog owners made horrific decisions which killed young children in 2019. In Massachusetts, a 14-year-old boy was mauled to death by at least four dogs in Dighton. Then, in Michigan, two young children lost their lives to separate pit bull attacks, just months apart.

No one wants to think about the potential dangers of dogs. This is because many people own a dog or call themselves dog lovers. But the reality is dogs can be a public health risk when left unsupervised or when owners make poor decisions. Or when they interact too closely with children. Now, during the summer months, is the time to consider your family’s safety.

Children face the greatest risk of injury and suffer more than 50 percent of all dog bites, according to the Children’s Hospital of Pittsburgh.

Dog bites and attacks caused severe injuries and deaths across the United States and here in Massachusetts last year. In May 2019, a 14-year-old boy was killed in a dog bite attack in Dighton. He was found laying dead at a property where he was caring for dogs without supervision. There were 4 dogs in the area where his body was found and 7 other dogs on the property, according to a NBC Boston report. The dogs were reportedly not licensed in Dighton.

The boy’s grandmother had dropped him off on the large property to tend to the dogs, as she had for several months, while the dogs’ owner was away in Boston, according to the Sun Chronicle newspaper. The grandmother waited in the car and grew concerned when the boy did not return. A neighbor found the boy dead and police were called. The Bristol County District Attorney’s office investigated but declined to criminally charge the dogs’ owner.

Then, the state of Michigan lost two young children within a few months. In August 2019, three pit bulls savagely attacked a 9-year-old girl in Detroit as she rode her bike in an alley near her home, according to a local news report. The girl died from multiple injuries, despite a neighbor’s attempt to help, by shooting and killing one of the dogs. The owner of the dogs was arrested, ultimately charged with second-degree murder.

Prosecutors alleged the owner knew the dogs “were dangerous, loose and unsecured” in the backyard of his home, according to the news coverage. He allegedly went to a nearby store and the dogs broke free from the yard while he was away. The initial investigation found the fencing around the home was damaged and the garage door had also been left open.

In October, another child was attacked just a few miles away in Hazel Park, Michigan. This time, the 4-year-old boy was killed by a pit bull right in his own home. His family had been pet sitting for a friend.

“A kind gesture to help a friend in a time of need, for a dog that was said to have never shown aggressive behaviors has turned into a horrifying loss for our family,” the family said in a statement.

The attack only ended when police shot the dog with a taser gun and it fled. The boy was later pronounced dead at a local hospital. The boy’s mother had fought to save her son, stabbing the dog with a knife. She was later transported to a local hospital with non-life threatening injuries.

A Dog Owner’s Legal Responsibilities in Massachusetts

Man walking his dog on a leash

Always use a dog leash when you walk through your neighborhood.

To dog owners, we urge you to tend to your responsibilities. Follow your community’s local leash laws and registration requirements.

Restrain and supervise your dog at all times. In Massachusetts, the owner or keeper of a dog can be held financially responsible when their animal attacks someone. Under Massachusetts law, the injured person may seek compensation through your Massachusetts homeowner’s insurance policy. There is strict liability when a dog causes injuries, scarring or wrongful death. One does not have to prove the dog had a history of being dangerous or vicious.

Adults have a responsibility not to trespass or torment a dog at the time of the attack. But dog owners can be held liable when young children step onto their property without invitation, then are attacked. This is a very important point for dog owners to understand.

Homeowners can prevent these injuries by inspecting their home and property. Consider the age of your neighbors’ children. In most cases, the best investment you can make is strong fencing which keeps your dog contained and stops children before they grow interested in watching your dog. Read more about Massachusetts dog bite laws on our website.


Child near a dog, a delicate situation because dogs cause many severe and fatal injuries to children in Massachusetts.

When you visit friends or family, keep young children away from their dog. You will have plenty of time to introduce your child to dogs later, as they grow older.

To parents and neighbors, never underestimate the risk of dogs. Dog bites and attacks are more common than most people realize, even when you and your children know the dog. In fact, 77 percent of dog bites cause injury to their owners and children, a relative or family friends, according to the Children’s Hospital of Pittsburgh.

Dogs may be well behaved. Owners can feed and exercise them regularly. Yet they can still be unpredictable or become stressed and attack without warning. They are not a reliable combination with young children, no matter how dog-friendly their owner says they are.

We encourage you to exercise caution around dogs. If you are a parent, keep your children away from dogs. You have the choice when you visit friends or family members who own dogs. These are social visits and letting your child approach a dog while you talk is dangerous, even if they are with another person or older child. You want to introduce your child to dogs when they are older, taking time to consult your children’s pediatrician and school. You want to be right there with your child, not watching them from across a yard.

Watch Your Neighborhood

The risk for dog bites typically rises in the summer, with the warm weather and the start of school vacation. This year, Covid-19 has changed everything in Massachusetts. Your neighbors may be spending even more time at home. You may see their dogs out more, sometimes without supervision. You may also see some new dogs.

Call your local animal control officer if you are concerned about an unsupervised dog. Your neighbors have a responsibility to follow leash laws and these are in place to prevent injuries. Another reason is some of these dogs may also be abandoned, neglected or starved. They need special attention before they contract and spread rabies, or attack.

Facts About Dog Bite Injuries

  • From 2005 to 2018, 471 Americans were killed by dog bites, according to DogBite.org, a victim’s group.
  • Pit bulls caused more than 65 percent of fatal dog bites and attacks, according to the group.
  • Children age 5 to 9 are the most frequent victims of dog bites and attacks, according to a WBUR article.
  • Dogs are most likely to bite children in the face, neck and head, the Children’s Hospital of Pittsburg reports.

Seeking Medical Treatment After Dog Bites and Attacks

Most dog bites and attacks are serious. Call 911 and wait for emergency medical services. Even if you or your child have only suffered a minor wound, we encourage you to still call your pediatrician or doctor. Ask to be treated right away. This is critical because not all dogs are vaccinated.

Free Legal Consultation- Boston Dog Bite Lawyers

Breakstone, White & Gluck has more than 100 years combined experience representing victims of dog bites and attacks in Boston and across Massachusetts. If you or your child has been injured, you may have the right to pursue financial compensation for your recovery. You may be entitled to seek damages for medical expenses, pain and suffering and other financial losses. This compensation can also pay for counseling for emotional distress.

Learn your legal rights. Call our Massachusetts dog bite attorneys for a free legal consultation at 800-379-1244 or 617-723-7676.

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In Massachusetts, we are washing our hands and using hand sanitizers as much as we can. We all want to do our part to prevent the spread of COVID-19. But now, it’s time to check your supply of sanitizer. The Food and Drug Administration (FDA) is urging the public to steer clear of nine brands because they contain methanol, a toxic substance.

Methanol is often used in industrial settings, where high concentrations of methanol vapor can lead to poisoning, according to the Centers for Disease Control and Prevention (CDC). It is also called wood alcohol and is highly flammable.

Methanol can also be harmful when you handle it or absorb it through your skin, according to the FDA. The greater risk, though, is children or adolescents who may drink or ingest hand sanitizer. Certain adults may also be at risk or may have consumed the clear liquid accidentally. Parents and caregivers should respond immediately if they suspect a methanol hand sanitizer poisoning.

The hand sanitizers identified by the FDA show particularly high levels of methanol. Testing found one product contacted 81 percent methanol and no ethanol.

The FDA had asked Eskbiochem SA de CV of Mexico to remove the hand sanitizers from the market last week. When there was no response, the FDA issued its public warning on Friday (June 19, 2020).

The FDA advises consumers to avoid these hand sanitizers:

  • All-Clean Hand Sanitizer (NDC: 74589-002-01)
  • Esk Biochem Hand Sanitizer (NDC: 74589-007-01)
  • CleanCare NoGerm Advanced Hand Sanitizer 75% Alcohol (NDC: 74589-008-04)
  • Lavar 70 Gel Hand Sanitizer (NDC: 74589-006-01)
  • The Good Gel Antibacterial Gel Hand Sanitizer (NDC: 74589-010-10)
  • CleanCare NoGerm Advanced Hand Sanitizer 80% Alcohol (NDC: 74589-005-03)
  • CleanCare NoGerm Advanced Hand Sanitizer 75% Alcohol (NDC: 74589-009-01)
  • CleanCare NoGerm Advanced Hand Sanitizer 80% Alcohol (NDC: 74589-003-01)
  • Saniderm Advanced Hand Sanitizer (NDC: 74589-001-01)

The agency advised consumers to carefully inspect sanitizers in their home before use and immediately dispose of these in appropriate hazardous waste containers. Consumers should not flush sanitizer or pour it down the drain. Read the FDA notice.

Symptoms of Methanol Poisoning

Methanol exposure can lead to methanol poisoning and severe symptoms, starting with nausea, vomiting, headache and blurred vision.  In the worst cases, those exposed can suffer permanent blindness, seizures, comas or permanent damage to the nervous system. Methanol poisoning can also result in death.

How Safe is Your Hand Sanitizer?

Hand sanitizer was in short supply for months. But you can now probably find your own bottle. If you use hand sanitizer, make a point to carry your own. Carefully read the label and regularly check the FDA website for recalls.

Hand sanitizer is a clear gel. It all looks the same, but each brand has a different alcohol content. For instance, your small pocket sanitizer probably has less alcohol than a nursing home or hospital, which has to meet greater fire safety regulations.

Our point is it would be hard to tell if you were being offered sanitizer with a high level of methanol or any dangerous substance. It’s better to control  your own supply. Read about the FDA’s work to ensure the safety of hand sanitizers.

Wash Your Hands Safely

The FDA reminds consumers to regularly wash their hands often with soap and water for at least 20 seconds. When soap and water are unavailable, the CDC recommends an alcohol-based hand sanitizer which contains at least 60 percent ethanol. Visit the FDA’s website to learn more about hand sanitizer safety.

Free Legal Consultation – Boston Personal Injury Lawyers

Breakstone, White & Gluck has extensive experience representing those injured by defective products, including those which contain toxic chemical substances.

Manufacturers of cleaning supplies, hand sanitizers and detergents have a responsibility to produce safe products and conduct thorough testing before distribution. End users, including restaurants, industrial workplaces and labs, also have a responsibility to follow safety guidelines when using chemical products. Mishandling chemicals can lead to chemical exposure, fires or serving clients unsafe food and beverages.

If you have been injured by a chemical exposure or explosion, 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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Massachusetts teen driver using cell phone, causing risk for distracted driving crash.

Distracted driving laws are reducing teen driver crashes, study says.

When drivers use cell phones, they introduce grave dangers to the road and are more likely to crash. This is why many states have now passed distracted driving laws. But how effective have these laws been?

Highly effective, suggests new research. Distracted driving laws are saving the lives of both teen drivers and their passengers in car crashes. The greatest impact is seen when states ban all drivers from cell phone use, not just junior operators under age 18.

Researchers at Massachusetts General Hospital published the findings from a 10-year study in Pediatrics journal. Reviewing more than 38,000 motor vehicle crashes reported between 2007 and 2017, researchers found a significant decrease in fatal motor vehicle crashes among drivers age 16-19.

There was actually a 43 percent reduction in deaths among 16-year-old drivers in states which passed hand held cell phone bans for all drivers (not just a ban for junior operators under 18).

Researchers had the challenge of working with evolving cell phone laws. When the study began in 2007, just 15 states had passed one type of distracted driving law, often a texting while driving ban. By the end, researchers were reviewing the impact of multiple bans, including texting while driving bans (both primary and secondary), hand-held bans and bans on all types of cell phone use for drivers under age 18.

Distracted Driving In Massachusetts

Massachusetts distracted driving crashes are a serious concern, having caused the deaths of drivers as well as pedestrians and cyclists. Once drivers pick up a cell phone, it is hard to break their attention away. The younger the driver, the harder it can be and this makes it essential for teens to establish good habits from the start.

In Massachusetts, a high school student was the first to be criminally prosecuted for motor vehicle homicide, texting while driving and negligent operation of a motor vehicle, according to CNN. Police allege the 17-year-old Haverhill man exchanged nearly 200 text messages in the hours leading up to the fatal crash in 2011. The crash killed a 55-year-old New Hampshire driver and seriously injured his girlfriend, who was riding in his passenger seat. As the prosecutor said at sentencing, “there are no winners today.” He went onto say, “…in a split second, many lives are forever changed.”

The state of Massachusetts reported a 170 percent increase in distracted driving crashes between 2014 and 2016. Over the past few years, lawmakers and safety advocates negotiated proposals to pass a hands-free law or a ban on handheld cell phone use. This finally reached resolution in November 2019, taking effect in April.

Under the Massachusetts Hands-Free Law, drivers are no longer allowed to use hand-held cell phones. They must now use voice-activated technology. The goal is to reduce injuries by taking away the act of reaching for a phone and attempting to dial. However drivers must still use voice-activated cell phones cautiously. Drivers can still cause accidents when using voice-activated technology and can still be held liable if they cause someone’s injuries.

Teen drivers – Massachusetts junior operators under age 18 – are still not allowed to use hands-free cell phones under the new law.

Free Legal Consultation – Boston Car Accident Attorneys

At Breakstone, White & Gluck, our attorneys fight for the rights of those injured by negligent driving in Boston and across Massachusetts. With more than 100 years combined experience, we have a reputation for strong results for victims of car accidents, truck crashes and bus collisions.

If you have been injured, call our attorneys for a free legal consultation: 800-379-1244 or 617-723-7676 or use our contact form.

 

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Massachusetts parent teaching a teen driver how to drive safely and defensively to prevent car accidents.We know many Massachusetts parents regularly talk to their teens about safe driving to prevent car accidents. You should be commended for engaging in this often-stressful conversation.

We urge you to continue on this summer. Helping teens understand the difference between appropriate and unsafe choices and build strong driving skills is a life-long investment in their safety and the safety of others.

Nationwide, teen driving crashes killed more than seven people each day of summer from 2008 to 2018, according to AAA Foundation for Traffic Safety.  AAA recently released the 2020 “100 Deadliest Days” of driving report, once again warning teen drivers and parent to take extra precautions between Memorial Day and Labor Day.

Be aware of the unique risks this summer, AAA says. In response to the COVID-19 pandemic, many summer jobs and activities have been cancelled. With more free time, teens may be driving more. AAA urges parents to read its 2020 “100 Deadliest Days” report, and its Parent Coaching Guide, and to have teens sign a safe driving agreement. With this approach, parents can set clear expectations for teens and refer them to the agreement should they forget. If teens violate the terms of the agreement, they may lose driving privileges for a period of time.

Research on Teen Driving Crashes

Here are a few figures for parents to consider. AAA’s research found more than 70 percent of teen drivers age 16-18 had engaged in unsafe and illegal driving behaviors.

Seat belt Use
17 percent of teen drivers admitted to not wearing a seat belt.

Speeding
47 percent of teen drivers admitted to driving 10 mph over the speed limit on a residential street.
40 percent of teen drivers admitted to driving 15 mph on a freeway.

Texting and Cell Phone Use
35 percent of teen drivers admitted to texting while driving.

Other Driving Violations
More than 30 percent of teen drivers admitted to running red lights and aggressive driving. Meanwhile, 25 percent of teen drivers admitted to drowsy driving.

Parents can influence teens on some of these behaviors by developing a teen driving agreement (there are several available on the Teen Driver Source website). Your conversations with your teens are also essential.

Help Your Teen Drive Safely
Help your teen drive safely and avoid a car crash.

Many states have graduated licensing laws, including Massachusetts. Encourage your teen to follow the Massachusetts Junior Operator Law at all times. Under this law, teens are not allowed to use cell phones when driving in Massachusetts, not even under the new Massachusetts “hands-free” driving laws.

When they have a question, encourage them to ask, review their driver’s education materials or the Massachusetts Driver’s Manual. When drivers understand the law, they are more confident making decisions on the road.

Another opportunity is to drive together. Take turns in the driver seat. When you drive, take the opportunity to show your teen how you follow the speed limit. On a 30 mph street, this means driving 30 mph or less, not 35 or 40 mph. Tell your teen what you are doing and why.

Speed-related crashes are prevalent among teens. Simply slowing down and following other vehicles at greater distances can make a tremendous impact in reducing car accidents. At slower speeds, your teen has more time to stop and if they have a collision, injuries are likely to be less severe. Accident victims are more likely to survive a teen driving accident.

At the same time, parents should understand that when teens speed, they may be intentionally speeding and risk-taking. This is unacceptable. But often, the reason is driver inexperience. Teens need more practice using the gas and brakes, and you may need to explain that traveling “just” 5 mph or 10 mph over the  speed limit is dangerous. In fact, you may need to do this a few times, also explaining that teens are more likely to cause injury when they speed and receive a speeding ticket which will impact their junior license.

To help your teen, be patient. Your goal is to demonstrate safe driving techniques and give them feedback when they make a good decision or make a mistake. Yet, if you are too critical, you will make your teen nervous and reluctant to drive with you. Tread lightly but firmly. It’s alright to take a break, but don’t stop trying.

Free Legal Consultation – Boston Car Accident Lawyers

At Breakstone, White & Gluck, our Boston car accident attorneys represent those who have been injured by negligent driving in Massachusetts. Car accidents often result in serious and catastrophic injuries, including head injuries, spinal cord injuries, broken bones, lacerations and death. When victims survive, they may require medical care, have to take time off from work and suffer other financial losses.

Always learn your legal rights after an injury. For a free legal consultation, call our car accident attorneys at 800-379-1244 or 617-723-7676. You can also use our contact form.

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Damaged bike and helmet after a bicycle crash in Boston

Over the past year, distracted driving accidents have seriously injured cyclists in Massachusetts and other states.

During the past few months, you may have noticed more bicyclists and fewer cars out. Massachusetts bike shops have confirmed that sales are way up since the COVID-19 emergency began. And during an uncertain time, it has been nice to see people enjoy bikes.

But now, as Massachusetts slowly re-opens the economy, driving patterns are changing again. More cyclists are out, but increasingly, so are cars. Coincidentally, traffic laws have also changed. As of April 1st, the Massachusetts hands-free driving law took effect, banning all hand-held cell phone use. Going forward, drivers must connect to voice-activated technology.

This is an important new law for cyclists, who often travel to the immediate right of a vehicle in the bike lane or roadside. When a driver doesn’t pick up a phone, this takes away an unexpected movement, a layer of danger to cyclists.

But several other layers remain. The reality is many drivers do not even realize cyclists are nearby. But cyclists are close and are vulnerable to your quick, unpredictable movements, such as when you pick up a cell phone, reach into your glove compartment or open a fast-food bag as you drive. Or when you tend to your children or other passengers.  

If you are a Massachusetts driver, now is the time to set up your vehicle for hands-free cell phone use. Commit to follow the new law and drive safely.  

Also commit to check for cyclists. When you stop at a traffic light or stop sign, check in front of you, to each side and behind you. Bicycle accidents often happen because cyclists are approaching from behind cars. Many drivers neglect to look there. Drivers are less likely to look if they are focused on their cell phone or texting while driving

Many communities are expanding sidewalks or changing traffic patterns to make room for social distance. This means you may encounter cyclists in new areas. Approach slowly, with caution and patience.

Recent Cases: Distracted Driving Accidents and Injuries to Cyclists

Over the past year, there have been several news stories about distracted driving, leading to cyclist injuries and deaths. Even as states such as Massachusetts and Maine have strengthened laws, the number of distracted accidents continues to rise. 

Ipswich Texting While Driving Crash Kills Cyclist

On March 26th, just days after the Massachusetts stay at home advisory took effect, there was a tragic crash on an Ipswich Road. According to the The Boston Globe, a 43-year-old driver fatally struck a cyclist in the North Shore community, also injuring two other family members on bikes. Ipswich Police and the Essex County District Attorney’s office announced the driver has been cited for motor vehicle homicide by negligent operation, marked lanes violation and composing, sending and reading an electronic message. A clerk magistrate will decide whether a criminal complaint will be issued.

Pennsylvania Driver Accused of Texting in Cyclist’s Death

In April 2019, a Pennsylvania woman was accused of texting while driving. Penn Live, a local news website, reported she struck a male cyclist in Mount Joy Township. Forensic analysis determined she had sent a text message a minute before the crash. She received a message, then tried to call 911, as a neighbor also called in. 

The cyclist died from multiple traumas nine days later. In this case, the driver was charged with felony homicide by vehicle, misdemeanor involuntary manslaughter, and cited with traffic citations in the crash, according to Penn Live.

Florida Distracted Driving Case Ends in Fine, Community Service

In January 2020, a Florida woman pleaded no contest in a fatal crash which killed two cyclists and seriously injured several others. In November 2018, the woman had struck the group of 14 cyclists with her vehicle. They were members of a local bicycle club riding in Davie, a community in Broward County.

According to the Sun Sentinel newspaper, the woman admitted to reaching into her glove compartment for her cigarettes. She also said she was temporarily blinded by sun glare. Police allege the woman was also traveling 70 mph on a 55 mph road when she struck the cyclists. This was a horrific crash and many involved were deeply upset with the outcome. In this case, local prosecutors maintained the woman’s actions did not warrant a criminal charge of motor vehicle homicide, according to the Sun Sentinel. So the driver pleaded no contest to careless driving, leaving court with orders to pay a $1,000 fine and complete 120 days of community service. She also lost her driver’s license for six months.

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Boston Bicycle Accident Lawyers – Distracted Driving Injuries to Cyclists

At Breakstone, White & Gluck, our Boston bicycle accident attorneys have more than 100 years combined experience. We represent cyclists and others who have been injured by distracted driving, including a driver’s negligent use of a cell phone.

Distracted driving accidents can seriously injure cyclists. We urge you to act right away if you suspect a driver’s cell phone use may have caused your injuries. If you or a loved one was injured, it is important to consult an experienced lawyer to learn your rights. You may be entitled to pursue financial compensation for your medical bills, lost wages, pain and suffering and other financial losses. 

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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Zantac, a popular over-the-counter and prescription medication for heartburn, has been recalledIf you take Zantac or ranitidine, it is time to change your medication. On April 1st, the Food and Drug Administration (FDA) asked manufacturers to immediately withdraw all medication from the market. This is due to concerns it contains a chemical which could cause cancer.

You will no longer be able to purchase the medication over the counter or refill existing prescriptions, according to the FDA. The agency has recommended alternative medications which you can discuss with your physician. While this announcement may come as a surprise during the COVID 19 outbreak, many had anticipated this move after the FDA’s initial warning last September and the subsequent recall of Zantac, the popular brand name medication, in October. Many other manufacturers have also issued voluntary recalls over the past six months.

The FDA announced testing showed ranitidine contained the contaminant N-Nitrosodimethylamine, or NDMA, which is a probable human carcinogen. The agency said the decision was made on the “best available science.” NDMA is a known environmental containment which is already present in our surroundings. It is found in water, meat, dairy and vegetables, but at low levels is “not be expected to lead to an increase in the risk of cancer,” according to the FDA.

When testing ranitidine, the FDA said it did not observe unacceptable levels in many drug samples. But ultimately, the agency decided the drug should not be available to consumers unless the quality can be assured.

Specifically, testing found the NDMA levels in some products increased in rising temperatures, which may be involved in distribution and a patient’s handling of the drug. And as the ranitidine product aged, so did NDMA levels.

This new FDA announcement will impact many people and present challenges. Patients can usually remember their daily medications. But Zantac is typically a short-term medication which is available in many ways, over-the-counter, by prescription or in a hospital. Because of this, many people may recall suffering from heartburn or a stomach ulcer, but may not remember which medication they took. Another challenge is the medication was sold under many brand names.

If you used Zantac or ranitidine, then experienced cancer or other illness or symptoms, you may want to learn more to guide you in your future medical care. You may also have the right to seek financial compensation to pay for your medical bills and other losses. At Breakstone, White & Gluck, our Boston product liability lawyers are now reviewing cases for patients who may be affected by Zantac and ranitidine injuries. For a free no-obligation legal consultation, call (800) 379-1244 or (617) 723-7676.

Here are a few points to remember:

Look for product names of ranitidine medications

Zantac was widely used. According to USA Today, before recall, there were 15 million prescriptions of Zantac annually. The manufacturer was Sanofi.

However, ranitidine was also sold under other names. It was manufactured by Dr. Reddy’s Laboratories Ltd., which manufactured ranitidine products sold by Dr. Reddy, Kroger and Walgreens. Brand names included American Health Packaging, Glenmark Pharmaceuticals, Precision Dose, Appco Pharma, Sandoz Inc. (a division of Novartis) and Northwind Pharmaceuticals.

Talk to your doctor about your ranitidine use

If you are taking a medication for heartburn or ulcers, carefully read the product labeling to see if it contains ranitidine.

If you are taking a ranitidine medication, stop and contact your primary care physician. The FDA recommends patients take an alternative heartburn medication, such as Pepcid (famotidine), Tagamet (cimetidine), Nexium (esomeprazole), Prevacid (lansoprazole) or Prilosec (omeprazole). Discuss these with your physician. There have been no NDMA impurities found with these products, according to the April 1st announcement.

You may be thinking you don’t want to reach out to your doctor during the COVID-19 emergency, but this type of preventative step is important. You may have other medical conditions or other medications which you need to consider. Your doctor can advise you on how to take your medications safely.

Take care to safely dispose the medication

Due to the COVID 19 outbreak, the FDA is advising consumers to follow the disposal directions on packaging and dispose of medications at home, rather than a drug take-back location in your community.

Zantac lawsuits have already been  filed, with more expected

Patients have already filed Zantac lawsuits, alleging Sanofi, the manufacturer, failed to warn consumers that the medication contained NDMA and of potential risks. Our lawyers are advising and representing Massachusetts residents who may have been affected.

Free Legal Consultation – Breakstone, White & Gluck

With more than 100 years combined experience, Breakstone, White & Gluck represents those injured by defective products, including unsafe medication and defective medical devices in Massachusetts. If you have taken Zantac or another ranitidine medication subject to FDA action, you may have suffered illness and want to learn more about your legal rights.  You can find more information on Breakstone, White & Gluck’s web page on Zantac and ranitidine or contact our attorneys.

For a free legal consultation, call our Boston product liability lawyers at (800) 379-1244 or (617) 723-7676. You can also send a message through our contact form.

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Ways to Help during COVID-19We all want to get through the COVID-19 crisis. The best way to make a positive impact is to stay home as much as possible. As you wait it out, remember you are living with temporary restrictions. But there are still some important steps you can take to help yourself, your family, community and local businesses now and in the weeks to come.

Wash Your Hands. This is a critical step, especially now. Read the CDC’s page, “When and How to Wash Your Hands.”

Protect  Your Home and Family Members. The CDC has published an easy-to-print COVID-19 household checklist.  Put this on your refrigerator or somewhere visible so everyone in your family can see it. Check out these other CDC advisories too: cleaning and protecting your home and managing stress and anxiety. Share these with family members so you can help each other keep up a routine, along with regular exercise and proper rest.

Social Distancing. Stay home as much as you can. If you have to go out, stay at least six feet away from others. Don’t shake hands, hug or make physical contact.

Look for COVID-19 Messages on Business Websites. Look for COVID-19 messages on websites – before you visit the grocery store, pharmacy or any business. Many businesses are closed due to Gov. Charlie Baker’s “Stay-at-Home” – Essential Services Only order. Grocery stores and pharmacies remain open as essential services. Do your part as a customer and follow their guidelines to protect their hardworking employees and the public.

Connect. Stay connected to friends and family, especially older adults who live alone. Not just by social media or text messaging. Make regular contact by phone or even better, through a video chat tool. This way you can really see and hear how your loved ones are doing – and if they need your help in some way.

Follow State and Local Orders and Updates. As a Massachusetts resident, the best way to to stay informed is to watch the daily briefings from Gov. Charlie Baker. You can follow the Massachusetts state briefings on TV or online (www.mass.gov/covid19). You can also sign up for text messages (COVIDMA to 888-777). Another resource is the Massachusetts 211 website or you can call 2-1-1.

Also follow your town, city or child’s school on Facebook and local websites. Sign up for email newsletters. If you have an older parent – or a grown child living away from home – sign up for alerts about their community as well. Mention these notices to them and ask if they need help following the orders.

Housing. You should not have to move during this time. Landlords should not pursue evictions. The Housing Court has rescheduled all non-emergency matters until April 21, 2020 or later. The court vacated all default judgments entered between March 1 and April 21.

Everyone is struggling right now. Keep your cool, but also keep good records. Ask your landlord to put any instruction or request in writing even if that’s not your normal practice. Digitally file all e-mails or letters by date so you can easily access them (save them as PDF files). Still take photos and report serious safety violations so you are safe staying in your apartment.

Encourage family members who rent to keep neat files too – and ask them to share communications with their landlords with you as they come in. This way, you will know if they are safe, if  you need to help and you won’t have to play catch up learning what happened.

This is also a stressful time for homeowners. Again, take a deep breath and remember you have legal rights. In Massachusetts, to start foreclosure, a mortgage lender must issue a homeowner a default notice and a 90-day “right-to-cure” period, during which you must make all your missed payments. Homeowners can also use this time to apply for a loan modification.

Legal Assistance. Breakstone, White & Gluck may be able to assist you with an injury claim.  But there are many issues arising during the COVID-19  outbreak – about unemployment, housing, health insurance and other public benefits. During the COVID-19 outbreak, look online first. If you have a question, visit the Massachusetts Legal Answers website, operated by the American Bar Association.

If you would like to consult an attorney, visit the Massachusetts Bar Association Lawyer Referral Service.

Another resource is Attorney General Maura Healey’s office, which accepts consumer complaints and can help explain your legal rights. Having trouble with a certain company? Call and ask how many others have lodged the same complaint and what steps you can take.

These resources can help you gain a few insights about Massachusetts law so you can decide whether you need a lawyer. With those insights, good record keeping and a commitment to be patient, you may be able to handle your problem without a lawyer.

Donate Blood. The American Red Cross is looking for healthy individuals to donate blood or platelets.

You can help by making an appointment to donate. Visit the American Red Cross website and search for blood drives in your area. Be prepared to be flexible and schedule an appointment a few days or weeks out due to the emergency situation. The American Red Cross has outlined safety protocols for collecting blood during the COVID-19 crisis. It also offers American Red Cross mobile apps to help you track blood donation appointments and follow other relief work.

Make a Financial Donation. We understand there is great financial uncertainty right now. But if you can, consider these funds and organizations which are helping Massachusetts residents. If you can’t donate, visit their websites and keep their work in mind.

Boston Resiliency Fund

The Boston Foundation

United Way Mass Bay and Merrimack Valley

The YMCA of Greater Boston

The Greater Boston Food Bank

Mayor’s Disaster Fund in Cambridge

You can read about more organizations in this Boston Globe article. 

About Breakstone, White & Gluck

Our Boston personal injury lawyers have over 100 years combined experience representing those injured by the negligence of others. Recognized by Top 100 New England Super Lawyers, Breakstone, White & Gluck specializes in all areas of personal injury law, including medical malpractice, car accidents, pedestrian accidents, bicycle accidents, traumatic brain injuries, product liability, premises liability, construction accidents, chemical exposure and gas explosions.

Our attorneys are committed to serving our existing clients and new clients remotely during the COVID-19 state of emergency in Massachusetts. For a free legal consultation, please call 800-379-1244 or 617-723-7676. You can also use our contact form.

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Free Legal Consultation: 800-379-1244

Main: 617-723-7676

During the Coronavirus (COVID-19) outbreak, we want to assure you that Breakstone, White & Gluck is committed to providing uninterrupted service to all of our clients. We will be limiting staff in our Boston office while state and federal advisories are in place. But our attorneys are available by phone and email to our clients. We will continue to provide free legal consultation and case review by phone.

Please call us at 617-723-7676 or toll-free at 800-379-1244. You can also contact us through our website, www.bwglaw.com.

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