Buckle Up Massachusetts: State Fails to Win Top Safety Score from Watchdog Organization

seatbelt-2-200.jpgWhen it comes to seat belts, Massachusetts may need to buckle up and strengthen its laws if it wants a higher rating from one safety organization.

Massachusetts was among 29 states which received a secondary rating from the Advocates for Highway & Auto Safety in its annual report released in January. In the 2014 “Roadmap of State Highway Safety Laws” report, the group gave 10 states – including Rhode Island – its highest rating. Poor ratings were given to New Hampshire and 10 other states.

Massachusetts received strong marks for teen driving laws, but fell short in other areas, including its lack of a primary seat belt law.

In Massachusetts, the law governing seat belt use is M.G.L. c. 90 § 13A. Drivers and passengers are required to wear seat belts, but police can only issue citations for violations if they pull over a vehicle for another offense. Each driver and occupant over age 16 shall be fined $25 for failing to wear a seat belt. Drivers can be fined for occupants 12 to 16 years old. Children 12 and younger must follow the Massachusetts Child Passenger Safety Law, M.G.L. c. 90, §7AA.

Across the country, 33 states and the District of Columbia have primary enforcement laws for front seat passengers and 17 have these laws for back seat passengers.

The National Highway Traffic Safety Administration (NHTSA) has long cited seat belts as the most effective way to reduce the risk of death in a car crash. In 2012, the agency credits seat belts with saving 12,174 lives in auto accidents.

In Massachusetts, we have fiercely debated our seat belt laws. Gov. Michael Dukakis signed a mandatory seat belt law in 1985. But a year later, opponents organized a citizen campaign and repealed the measure at the ballot box.

While today’s law requires drivers and passengers to wear seat belts, in 2009 the NHTSA surveyed seat belt use across the country and ranked Massachusetts last for compliance.

At that time, 67 percent of occupants of vehicles in Massachusetts were wearing seat belts compared to the national average of 83 percent among other states.

Recent state figures report a greater compliance rate. The 2012 Massachusetts Safety Belt Usage Observation Study, prepared for Massachusetts Highway Safety Division reported a 73 percent compliance rate in 2011, an increase from 50 percent in 2000.

Attorney Ronald Gluck of Breakstone, White and Gluck stated that “fortunately, over the years, our firm has seen a significant reduction in cases where the injuries are directly tied to the failure of occupants to wear seat belts. ”

Related:
2014 Roadmap of Highway Safety Laws, Advocates for Highway & Auto Safety.

2012 Massachusetts Safety Belt Observation Study, Massachusetts Highway Safety Division.
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What Target Shoppers Can Do Following Massive Data Breach

target-200.jpgIf you are a Target shopper, you are likely watching your debit or credit card account closely these days. This is a good start, but there are other important steps you can also take following the retailer’s massive data breach, now estimated to have impacted at least 70 million customers. The data breach occurred at Target’s retail stores between Nov. 27 and Dec. 15. Hackers stole customer names, credit and debit card numbers, the card’s expiration date and CVV, the three-digit security code. Online holiday shoppers were not involved.

What to do if you were impacted:
Monitor your accounts. Be vigilant and monitor all your financial accounts regularly over the next 12 to 24 months. If you notice any irregular activity, notify the credit card issuer or your bank immediately.

Make contact now. Ask your bank or credit card company’s fraud department to also closely monitor your account.

New card and account number. Ask your bank or credit card company about changing your pin number and whether you should have a new card issued.

Contact Target. The company says customers have zero liability for any fraud resulting from this data breach and are offering free credit monitoring and identity theft protection for impacted customers. Learn more.

Obtain your credit report. You are entitled to one free credit card report each year from one of the three major credit bureaus, Equifax, Experian or TransUnion.

One-call fraud report. Call any of the three major credit bureaus and place a one-call fraud alert on your credit report. This requires creditors to contact you before opening any new accounts or increasing your credit card limits. The fraud alert will stay on your account for at least 90 days.

Extended fraud alert. If your credit report reveals suspicious activity, you can file a report with your local police department and have an extended fraud alert placed on your credit report. This will provide additional protection for seven years.

Security freeze. You also have the right to place a security freeze on your consumer credit report. This stops consumer-reporting agencies from releasing any information in your credit report without your express authorization.

Beyond the financial risk, identity theft can create many hours of work for victims trying to straighten out accounts and identify where breaches occurred. Read the resources below to learn how to protect yourself.

Related:
Identity Theft, Federal Trade Commission.

Lost or Stolen Credit, ATM, and Debit Cards, Federal Trade Commission.

Protecting Against Credit Card Fraud, Federal Trade Commission.
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Massachusetts Property Owners Have a Legal Responsibility to Clear Snow and Ice

If you are a property owner, today is a good time to inspect your driveway and walkways. Even if you worked hard to clear all the snow yesterday, go out and take a second look. The deep freeze is setting in and more snow is forecast for tomorrow, creating the potential for slip and fall accidents.

Why is this important? In addition to making it easier for your family to come and go from your home, you have a duty to use reasonable care to clear snow and ice under Massachusetts law. If you neglect this, you could be liable for any injuries that result.

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Massachusetts Law on Snow and Ice Removal The law for clearing your property is more strict than in past years. It changed in 2010, with the Massachusetts Supreme Judicial Court’s decision in Papadopoulos v. Target Corporation, SJC-10529 (July 26, 2010). View TV interviews from 2010/2011 in which attorney David White explains the law.

Prior to then, property owners were liable for injuries sustained on what was known as “unnatural accumulations” of snow or ice. Examples of this are gutters leaking onto sidewalks or snow piled on sidewalks.

The state’s high court changed the longstanding law so it falls in line with other states. Massachusetts property owners now have a responsibility to keep their premises in a reasonably safe condition and clear all snow and ice, whether it is a natural accumulation by Mother Nature or pushed there by a plow.

This law applies to homeowners as well as commercial property owners.

A few points to remember when it snows:

  • You have a responsibility to clear your driveway, sidewalks and other areas accessible to the public.
  • If you are using a snow blower, remember a shovel for narrow and hard-to-reach areas.
  • Do you have the physical ability and time to clear your snow this year? If not, consider contacting a snow removal company.
  • Cities have responsibility for clearing sidewalks, but some have ordinances requiring residents to clear their own. These include Boston, Worcester and Newton.

Safety
We all have to balance our legal responsibility to clear the snow with safety. It is hard work and tempting to take shortcuts at times. Remember a few basic safety rules. Do not start your snow blower in your garage or other covered areas. Before you shovel your driveway, clear your home’s heating vents so carbon monoxide does not build up in your home. Then, make sure you dress in layers and take breaks as needed.

Related:
Snow removal law may face test, Boston Globe, Dec. 25, 2010.
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Watch Out for This Recalled Children’s Toy

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The Consumer Product Safety Commission (CPSC) announced several product recalls last week, including one for a dangerous child’s toy which can cause choking and which has been involved in a death. Also recalled were a high-end bicycle with defective brakes and a flat screen television which can overheat and catch on fire.

Doodlebutt Recalls Jelly BeadZ Jumbo BeadZ and Magic Growing Fruity Fun Toys Due to Serious Ingestion Hazard
About 1,500 of these small water-absorbing toys have been recalled by the importer, Doodlebutt of Lehigh Acres, Florida. The Jumbo BeadZ toys are marble-sized water absorbing balls and the Magic Growing Fruity Fun toys are water-absorbing polymer shapes, such as apples, bananas, butterflies and cherries.

The CPSC is aware of one incident in which an 8-month-old girl ingested the ball and it had to be surgically removed and two cases outside the United States, including one resulting in death.

The CPSC warns children can mistake the toys for candy and when swallowed, they can expand inside a child’s body. The toys can absorb 300 to 500 times their weight and grow up to eight times their original size. Children can suffer vomiting, dehydration and life-threatening injuries. Another problem is similar toys have not shown up on x-rays.

The toys were sold through Amazon.com from February 2012 to September 2013 for about $9. Consumers are advised to take the products away from children immediately and stop using the product. They can contact Doodblebutt for a full refund. Read the CPSC recall notice.


Eight Retailers Recall 32″ Coby Flat Screen Televisions Due to Fire and Burn Hazards

Eight retailers have recalled the 32″ Coby Flat Screen Television due to fire and burn hazards. These retailers have initiated the recall because Coby USA, the product importer and distributor, has gone out of business.

The CPSC has received reports of six incidents involving televisions overheating, smoking or catching on fire. No injuries were reported, but there was some property damage. In two cases, televisions caught on fire and one also scorched a wall.

Consumers are told to turn off and unplug the televisions and contact their retailer. Retailers may offer different remedies, which may include a refund, store credit, gift card or replacement TV. About 8,900 of the televisions were sold through:

Sears/Kmart
Toys R Us
ABC Warehouse
Fry’s Electronics
h.h. Gregg
Nebraska Furniture Mart
P.C. Richard & Son.

Online retailers
BestBuy.com dealtree.com
techliquidators.com
bestbuy.dtdeals.com

The televisions were sold nationwide from August 2011 through November 2013 for between $170 and $260.

Read the CPSC recall notice for the model numbers involved in this recall.

Trek Recalls Madone Bicycles Due to Crash Hazard; Front Brake Can Fail
Trek has recalled several models of its year 2013 Madone bicycles after five reports of loose front brake attachment bolts. No injuries have been reported, but consumers are advised to stop using the bicycle and take it to a Trek dealer for a free replacement front brake system. The bicycles were sold nationwide from July 2012 through this month for between $3,400 and $6,300 and for custom models, up to $15,000. About 6,300 bicycles are involved in this recall. Read the CPSC recall notice.

Other Recalls:
Shaws Industries Recalls Carpet Due to Fire Hazard; Sold Exclusively at Lowe’s Stores

Hobby Lobby Stores Recalls Accent Chairs Due to Risk Injury
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Are You Ready for Winter Driving?

car-snow-200.jpgWinter is almost here! We have already seen the first snow flurries in Massachusetts, and it is time for drivers to get prepared for winter driving.

Each year, over 1,300 people are killed and more than 116,800 people are injured in car crashes on snowy, slushy or icy pavement, according to the U.S. Department of Transportation. During snowfall, nearly 900 people are killed in accidents and 76,000 are injured.

Stay safe on the roads this winter. Our Boston car accident lawyers share these tips:

Slow Down! Reduce your speed. When it snows, if you are traveling the speed limit, you are probably traveling too fast for road conditions and are at risk for causing a car accident.

Leave Extra Distance. It takes longer to stop on snowy and icy roads. Increase your following speed to 10 seconds.

Clear Snow and Ice. Make sure your car and windows, including your headlights and turn signals, are free from all snow and ice when you drive.

Gas. Keep your gas tank at least half-full throughout the winter.You will be prepared in case of a serious storm, and you can make sure your gas lines do not freeze up.

Check Your Tires. Inspect your tire tread to make sure your tires are ready for winter. Also, check your tire pressure once a month in the winter.

Exhaust. Keep your exhaust pipe clear of snow.

Practice After the First Snow Storm. On the first icy, snowy day, find a big parking lot that is empty and practicing your skills for handling skids.Teach the new drivers in your home to control a skid the first chance you get.

Highways. If the roads are still being cleared, travel in the lane which has most recently been plowed and avoid changing lanes.

No Cruise Control. Do not use cruise control on slippery roads.

Pedestrians. Remember you may not be able to see pedestrians around snow banks. Reduce your speed and take an extra minute to check for them at intersections.

Check Your Auto Insurance. Check your auto insurance policy. Many people do not have enough insurance to pay their medical bills if they were injured on the road. A few important coverage types to ask your agent about: Underinsured, Uninsured and Medical Payments coverages. Read our attorneys’ article.
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Our Thanksgiving Wishes

thanksgiving-250.jpgThe lawyers and staff at Breakstone, White & Gluck wish you a very Happy Thanksgiving. We hope you enjoy this special time with family over a tasty meal (with plenty of leftovers!). We also appeal to you to take a few steps for safety’s sake:

Drive Safely. AAA projects nearly 39 million U.S. travelers will drive 50 miles or more from home this Thanksgiving holiday weekend. If you can, avoid traveling during busy times such as Thanksgiving Eve. No matter when you drive, make sure you pay attention, monitor traffic reports, never drive when you are drowsy and start your trip with a full tank of gas.

Distraction-Free Driving. Commit to not use your cell phone while driving, especially in traffic congestion. Do not make phone calls or text while driving, the latter of which is against the law in Massachusetts. If you are using your cell phone as a GPS, have someone in the passenger seat handle your phone.

Smoke Alarm Batteries. Change your smoke alarm batteries, if you did not do so in early November, when Daylight Saving Time ended. About two-thirds of home fire deaths occur in homes with no smoke alarms or working smoke alarms, according to the Consumer Product Safety Commission (CPSC). You should test the batteries in all your home’s smoke alarms monthly.

Cooking Fires. The threat of a cooking fire triples on Thanksgiving, according to the CPSC. Stay in the kitchen while frying, grilling or broiling food. If you have to step away, turn off the stove.

Prevent Food Poisoning. A few reminders are regularly wash your hands in the kitchen, along with food surfaces and utensils. Separate raw meat and poultry from other food. Cook your turkey to a safe minimum internal temperature of 165 degrees. The Centers for Disease Control and Prevention also recommends cooking your stuffing in a separate dish outside the turkey. As for leftovers, make sure to eat within three or four days.

Keep Children Away From Food. Keep young children out of the kitchen while cooking. They could spill hot liquids or scald their skin on the oven.

Look for Hazards to Children. If you are at an unfamiliar home, do a visual scan of potential dangers for children. Keep them away from brick fireplaces, garage entrances and other hazards which could cause them injury.

Turkey Fryers. The National Fire Protection Association discourages use of turkey fryers. But if you use one, make sure you take it outside, a good distance from your home or any structure. Do not cook on the roof of apartment or condominium buildings. Dress so you are prepared to deal with hot oil spills and never leave the fryer unattended.

No Drinking and Driving. Do not drive after consuming alcohol. You risk seriously injuring yourself or someone else in a car accident. You could also be criminally charged.

This message is especially important on Thanksgiving. Mothers Against Drunk Driving (MADD) reports drunk driving deaths continue to increase during the holiday season. Many accidents occur on Thanksgiving Eve – a day it calls Blackout Wednesday – and the early hours of Thanksgiving Day. In 2010 alone, 174 people in the U.S. were killed during the Thanksgiving holiday weekend, in addition to many others who were injured.

Related:
14 Things to Know About Traveling on Thanksgiving Weekend in Massachusetts, North Reading Patch.

Boston Traffic Reports, Boston.com.

It’s Turkey Time: Safely Prepare Your Holiday Meal, Centers for Disease Control and Prevention.

Thanksgiving Home & Travel Safety Tips, Mass.gov.
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New England Construction Worker Injuries Need More Study, Researchers Say

constructionworker v2.jpgA new pilot study measures the physical and emotional toll on New England’s construction workers – and researchers say more investigation is needed.

Construction workers face a high risk of physical injury on the job. In 2011, these workers accounted for 12 percent of all workplace deaths in the U.S., according to the Bureau of Labor Statistics (BLS). Construction accidents and injuries can happen when employers or construction site managers are negligent in complying with OSHA and other safety regulations, fail to properly staff a job or do not provide the necessary training.

The new study from Harvard School of Public Health shows 20 percent of the construction workers surveyed showed signs of being at risk for suicide. More than 40 percent had suffered one or more workplace injuries in the prior month.

The study was published online Oct. 1 in the Journal of Occupational and Environmental Medicine. Researchers say the findings show more detailed studies are needed to provide a better understanding of the high frequency of construction injuries and how they relate to mental distress. Researchers also want to focus on increasing literacy rates among construction workers and preventing suicide and suicide attempts.

Study Findings
In August 2012, the researchers surveyed 172 New England construction workers whose average age was 41 years old. They were questioned about psychological distress, depression, anxiety, job satisfaction, musculoskeletal use, injuries and alcohol and tobacco use.

Of these workers, 75 percent had experienced musculoskeletal pain over the past three months. In the month prior, 42 percent had reported one or more work injuries. When researchers followed up by phone with workers who fit the criteria for depression, 20 percent showed signs of being at risk for suicide. Some 16 percent reported they were distressed but the majority – nearly 60 percent – had sought no professional help.

When proper precautions are not taken, construction workers face numerous risks for physical injury and death. The most common causes are falls, electrocution, being struck by an object and being caught in or between equipment and buildings, according to the BLS. Nearly three out of every five construction workers are killed by one of these causes.

Here in Massachusetts
Here in Massachusetts, construction workers face the same risks. In 2012, 32 workers died on the job, including six construction workers, according to the Massachusetts Coalition for Occupational Safety and Health (MassCOSH), which reports figures annually each spring.

Over the summer, the state saw three tragedies. In August, a tree worker died from burn injuries in Holliston, after coming into contact with live wires. A week earlier, another tree worker suffered serious electrical burns in Chelmsford when he was hit by branches and live wires. In July, a 26-year-old construction worker was killed at a Plymouth construction site when a concrete form collapsed and crushed him beneath wooden frames.

MassCOSH is starting to collect new data on other risks to construction and other workers. In its most recent “Dying for Work” publication, it reported 320 Massachusetts workers died from occupational diseases. It estimated asbestos exposure caused over 90 deaths that year.

Related:
Construction workers struggle with pain, stress from injuries, Harvard School of Public Health.

Dying for Work in Massachusetts, April 28, 2013, MassCOSH
MassCOSH website.
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Breakstone, White & Gluck Selected for New England and Massachusetts Super Lawyers Lists; 10th Year Honored

trio-300.jpgWe are pleased to announce our lawyers have been honored as Super Lawyers for 2013.

Partners Marc L. Breakstone, David W. White and Ronald E. Gluck were selected for inclusion to the Massachusetts Super Lawyers for 2013 list. Associate Samuel A. Segal was also selected to Massachusetts Super Lawyers Rising Stars for 2013. The honors will be printed in a supplement of November’s edition of Boston Magazine.

Breakstone, White & Gluck’s lawyers have been recognized by Super Lawyers for 10 years, first in 2004. Super Lawyers is a publication of Thomson Reuters. It rates lawyers across the country and recognizes no more than the top 5 percent of lawyers in each state. Attorneys are selected using a rigorous, multiphase process that includes independent research, peer nominations and peer evaluations.

Rising Stars uses the same selection process, except candidates must be 40 years old or younger or in practice for 10 years or less. Only 2.5 percent of lawyers in each state are recognized as Rising Stars.

Attorney Marc L. Breakstone was selected as one of the Top 100 New England Super Lawyers for 2013, a Top 100 Massachusetts Super Lawyer for 2013 and a Massachusetts Super Lawyer for 2013. This is Breakstone’s fourth time being selected as a Top 100 New England Super Lawyer. He has been selected to the Top 100 Massachusetts Super Lawyer seven times and a Massachusetts Super Lawyer for ten years. Breakstone, a graduate of Northeastern University School of Law, has been practicing law in Boston for over 25 years and specializes in personal injury cases involving wrongful death, medical malpractice, gas explosions, construction accidents and transportation accidents. Read more about Marc.

Attorney David W. White was selected as a Top 100 Massachusetts Super Lawyer for 2013 and a Massachusetts Super Lawyer for 2013. It is White’s fifth time on the Top 100 Massachusetts Super Lawyer list and tenth year on the Massachusetts Super Lawyers list. He has also been named to the Top 100 New England Super Lawyers list twice. White, a graduate of the Northeastern University School of Law, is a past president of the Massachusetts Bar Association and has been practicing law in Boston for over 25 years. He specializes in personal injury, wrongful death, insurance bad faith, bicycle accident and motor vehicle accident claims. Read more about David.

Attorney Ronald E. Gluck was selected as a Massachusetts Super Lawyer for 2013 for the ninth year and a New England Super Lawyer for the seventh time. Gluck has been practicing law in Boston for over 30 years and serves on the Board of Governors for the Massachusetts Academy of Trial Attorneys. Gluck specializes in personal injury cases involving wrongful death, car accidents, head injuries, motorcycle accidents, liquor law liability, premises liability, defective medical devices and pharmaceutical product liability. He is a graduate of Case Western Reserve University School of Law. Read more about Ron.

sam-125.jpgAttorney Samuel A. Segal was selected as a Massachusetts Super Lawyer Rising Star for 2013. Segal joined Breakstone, White & Gluck as an associate in early 2010 and has handled cases involving personal injury, auto accidents, dog bites, gas explosions and medical malpractice. Segal is an active member of the Young Lawyers Division of the Massachusetts Bar Association and volunteers as an attorney-coach for the Cambridge Rindge and Latin School Mock Trial Team in Cambridge. He is a graduate of Northeastern University School of Law.
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October Sees the Most Auto Accident Claims from Teen Drivers

teen-driver-and-mom.jpgSept. 30 will mark three years since the state of Massachusetts strengthened its laws for teen drivers.

Under the Safe Driving law, which took effect in 2010, teen drivers age 16 ½ to 18 are banned from all cell phone use and there is no texting while driving for operators of any age. The Junior Operator Law, which was passed in 2007, bans teen drivers from carrying passengers under the age of 18, except siblings. They also cannot drive between the hours of 12:30 a.m. and 5:00 a.m., unless accompanied by a parent.

Massachusetts is not alone; most states now have Graduated Licensing Laws restricting teen drivers in some way. In 47 states, novice drivers have passenger restrictions and 48 states limit nighttime driving. Teens are banned from all cell phone use in 37 states.

There is good reason for the laws: For each mile of roadway, teens age 15- to 20-years-old are three times more likely to die in a car accident than other drivers, according to the National Highway Traffic Safety Administration.

Now is a good time to observe how well your teen driver is obeying the laws. Every year, the AAA Foundation for Traffic Safety reports June, July and August see the largest number of teen driving deaths. But one nationwide company, State Farm Insurance, reports October is another dangerous time. It sees the most claims from 16- and 17-year-old drivers in this month, up 15 percent from other times.

Teen drivers get into auto accidents because they lack experience, are sensitive to distractions and do not always follow the rules. A few tips for helping your Massachusetts teen driver:

Say No to Teens Using Their Cell Phones. Many teens are texting while driving, despite the laws. In a 2011 study of 8,500 U.S. high school students age 16 and older, 45 percent admitted to texting or e-mailing while driving in just the past 30 days. The study was conducted by the Centers for Disease Control and Prevention and was published in the June issue of Pediatrics Journal. These teens were more likely not to wear their seat belt.

Encourage your teen to turn their cell phone off or put it in the backseat while driving. Taking a peek at text messages, e-mails or their Facebook page is not allowed. That includes while sitting at traffic lights and intersections where they need to look out for other traffic, as well as pedestrians and cyclists.

Limit Teen Passengers in the Car. Drivers under 18 in Massachusetts are not allowed to carry passengers under the age 21, except siblings. Be vigilant on this point with your teen. Among 16- and 17-year-old drivers, there is a 44 percent higher chance they will be killed in a crash with even one passenger under 21 years old, according to the AAA Foundation for Traffic Safety. The number multiplies with each additional passenger under 21, but decreased over 60 percent for each passenger age 35 or older.

Test Drive School Zones. Let your teen observe from the passenger seat as you drop them off to school and pick them up. You will encounter traffic, bicyclists and children walking, which will be new and potentially stressful for them as a driver (even if they traveled this area during their Driver’s Education practice hours). Point out how you adjust to the activity and decrease your speed.

If you do not drive to school, take this ride outside school hours and then let them drive. The goal is to make them aware of the challenges and make them comfortable in case they have to drive at some point.

Cyclists and Pedestrians. Remind your teen of what they learned in Driver’s Education class. Make sure they stop well behind the crosswalk at intersections and always let pedestrians pass. Remind them that cyclists can travel the full width of the road. Remind them to make sure cyclists are not approaching when they open any doors in the car.

Other Driving Safety Tips. These are the foundation of all driving safety tips, but always worth a reminder for safety’s sake: Talk to your child about always wearing a seat belt, following the speed limits and never using drugs or alcohol while operating.

The most important things are to talk to your children about driving and to set a good example yourself when they are in the car with you. Visit this web page for additional suggestions.

Related:
Teen Driver Safety Week

Study: Teens who text and drive take even more risks, USA Today
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Please Put Down Your Cell Phone, Eliminate Driving Distractions for Back to School

Texting while drivingWe suggest parents now talk to your children about the rules for getting to and from school safely. No skipping over the hard part: talking about when everyone, parents and children alike, should put down the cell phone.

Walking to School. Encourage your child to use sidewalks and crosswalks with crossing guards or walk signals. Agree on a route with your child and never let them walk alone. Every year, drive or walk the route yourself so you can identify any problems.

Bicycling. Make sure your child wears a helmet – it’s the law and it’s common sense. While your child has many of the same rights as a driver, remind them to take it slow in parking lots or and when passing cars. They should learn to make eye contact with drivers in their vicinity–that way they can read the intention of the driver more clearly. Read about Massachusetts law for bicyclists.

Late Activities. It will get dark earlier now. Make sure you child has a safe way home after it gets dark. Consider picking them up or make other arrangements.


Reflective Clothing.
If your teenager needs to walk at night or be near traffic, consider purchasing reflective clothing to keep at home. Many backpacks and sneakers have reflectors–look for products like that.

Ask Your Children to Put Away Their Cell Phone. When students are distracted, they may not be able to respond to drivers who are not using caution. Safe Kids Worldwide, a non-profit organization, recently reported that it observed 34,000 children crossing the street near 68 U.S. schools. Of these, one in five high school students were distracted by an electronic device. The rate was one in eight among middle school students.

The numbers are significant because pedestrian accidents involving teens age 16-19 have increased 25 percent over the past five years, Safe Kids Worldwide reports. This age group now accounts for about half of all pedestrian accidents among youth.


School Buses.
At the beginning of the year, stand out at the bus stop with your children. Explain to them the appropriate areas to stand while waiting and how to board the bus.

Parents and Teen Drivers: Commit to No Distracted Driving 
Finally, parents if you are driving, commit to putting away your cell phone. Texting while driving is against the law in Massachusetts and that includes viewing texts, e-mails or browsing the Internet.

Drivers need to eliminate distractions, especially when children are in the car, and especially in busy drop-off areas at schools, because car accidents can occur. This time of year, bus drivers and other parents who are driving are still getting used to their new routine and may not use proper caution when stopping or turning.

Also avoid using your cell phone while parked outside of schools or at bus stops waiting for your children – even just to make phone calls. An accident can happen in the instant you let your guard down and reach for your cell phone to view a text message or check in on a social media account.

If you have a teenager who drives, remind them not to use their cell phone while driving (this is the law in Massachusetts for junior operators). You have probably done so in the past, but explain the school parking lot is busy and there is no room for distracted driving. If they want to use their cell phone in a parking lot, suggest they park the car, get out and walk off the pavement first.

Related:
Distraction.gov

Filmmaker Explores Painful Consequences of Texting While Driving

About Breakstone, White & Gluck

The Boston car accident lawyers at Breakstone, White & Gluck have over 100 years combined experience handling injury cases in Massachusetts. We have handled cases involving driver negligence due to cell phone use and distracted driving. We handle cases throughout Massachusetts, including in Boston, Cambridge, Lowell, Worcester, Framingham, Brockton and Plymouth.

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