Articles Tagged with “Boston car accident lawyers”

Pedestrians in crosswalk

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

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

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

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

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

Tips for Driving Safely Near Pedestrians

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

Our safety tips for drivers:

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

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

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

Breakstone, White & Gluck – Free Legal Consultation

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

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

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It was painful to learn of the New Hampshire truck crash which killed seven motorcyclists and injured three others last weekend. That one crash could injure so many is heart-breaking and we send our deepest condolences to the families. 

The horrific accident happened Friday night in the community of Randolph, New Hampshire. The motorcyclists belonged to the Jarheads MC, a motorcycle club for Marine Corps veterans and close friends, according to The Boston Globe. The group was reportedly traveling to their annual meeting eastbound on Route 2 when they were struck by the truck traveling west. Reports said the truck crossed the double yellow line.

By Monday, the driver – a 23-year-old Springfield, Mass. man – had been charged with seven counts of negligent homicide in the case. Massachusetts State Police took Volodoymyr Zhukovskyy into custody at his home. He was then taken to Springfield District Court, where he waived extradition to New Hampshire.

New Hampshire authorities are still investigating the cause of the crash, but there are questions about whether Zhukovskyy should have been driving at all following his arrests on OUI charges last month and back in 2013, according to news reports. Meanwhile, his employer, Springfield-based Westport Transport is said to be cooperating with police.

While this type of collision causing so many injuries is rare, motorcycle crashes are not, especially during the summer in New England. Per mile, motorcyclists are 28 times more likely than passenger car occupants to die in a crash, according to the Insurance Information Institute. In fact, Massachusetts authorities report they have responded to four fatal motorcycle crashes between Saturday night and Monday morning.

Some of the crashes involved a single motorcyclist. This was the case in New Bedford, Belchertown and Andover. But in Westport, a preliminary investigation shows the motorcyclist was traveling westbound on Route 177 when there was a collision with a Ford Ranger turning onto Tickle Road. The driver of the Ford Ranger stayed on the scene and was said to be cooperating with police.

In addition to local authorities, motorcycle accidents should be investigated by an experienced motorcycle crash attorney. In some cases, another driver may not appear to be involved. But drivers who speed, stop short, pass a motorcycle illegally or fail to check their blindspot cause motorcyclists to crash all the time. These are known as no-contact crashes.

When trucks hit motorcyclists, injuries can be more severe as we saw in New Hampshire. Truck companies have a responsibility to train drivers how to operate near motorcyclists. Truck drivers must also take care to properly load vehicles, especially if they are carrying equipment and materials on open open trailers.

 At Breakstone, White & Gluck, we urge drivers to observe the following:

  • Motorcyclists have the right to operate on the same roads as drivers and must follow the same traffic laws and signals.
  • Provide motorcyclists room. Travel several car lengths behind motorcyclists. 
  • Motorcyclists are permitted to ride two abreast in a lane in Massachusetts and New Hampshire. (Source: The Massachusetts Motorcycle Manual and AmericanMotorcyclist.com). 
  • Motorcyclist are not permitted to travel between traffic lanes (or split lanes).
  • Accidents can happen when drivers fail to look before they turn. In fact, this was the cause of 44 percent of all motorcycle crashes in 2013, according to esurance.com.
  • Attempt to make eye contact with motorcyclists at intersections. Many motorcyclists do not have self-canceling turn signals like car and you cannot trust a motorcyclist will turn until you see it.
  • Check your mirrors and blindspots often.
  • Some drivers have trouble driving in the rain. Expect the same from motorcyclists. Be patient and give them more room.
  • Do not speed through traffic lights or make quick unexpected movements at traffic lights and intersections.
  • Do not speed on any roads.
  • Do not overload trucks and trailers. Secure equipment and materials behind a closed door or under secure ratchet straps, bungee tarp straps or other appropriate equipment.
  • Do not attempt to pass motorcyclists unless you must. While you are allowed to do so in Massachusetts, the motorcyclist may not be expecting the move and surprises can lead to accidents and falls.
  • Never drive when you are tired; do not drive when you are normally sleeping or getting ready for bed.
  • Never drink and drive.
  • Remove all distractions from your car, including cell phones. Hold heavy conversation and limit snacks and drinks.

Massachusetts Motorcycle Safety Tips

If you are a motorcyclist, please read our past blog, “Massachusetts Motorcycle Safety Tips.” The article can be a resource if you are just starting to ride, looking to become licensed or have questions about your Massachusetts auto insurance policy.

About Breakstone, White & Gluck

The Boston car accident lawyers at Breakstone, White & Gluck specialize in representing those injured in motorcycle accidents caused by the negligence of other drivers. If you or a loved one has been injured, learn your legal rights for seeking compensation. For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.

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Teen driver and teen passenger sitting in front seat of car, using cell phones.

A recent study shows teen drivers are more likely to cause crashes resulting in injury or death during the summer months.

When your teen driver picks up the keys, you may casually say, “Have fun and be safe.” But this is when your worry sets in.

In this blog, Breakstone, White & Gluck reports on the latest research on teen drivers along with essential safety fundamentals to share with your family. Our partners each have more than 35 years of experience representing those who have been injured by negligent drivers in Boston, Cambridge and across Massachusetts. To avoid these tragedies, we encourage parents to play an even more proactive role to encourage safety during the summer months.

AAA Foundation for Traffic Safety “100 Deadliest Days” Study

A new study reports two-thirds of people injured or killed in car crashes involve a teen driver. The AAA Foundation for Traffic Safety released this figure as part of its “100 Deadliest Days” report on the period from Memorial Day to Labor Day. During the past five years, nearly 3,500 people have been killed in crashes caused by teens during the summer months, according to AAA.

More than a quarter of the teen driving crashes were caused by speeding. Teens who were drinking and driving caused 17 percent of the deadly collisions while distracted driving behaviors caused 9 percent of the deaths.

Other findings:

  • Teen drivers, age 15-18, are 17 percent more likely to cause a fatal car crash in the summer than other times of the year.
  • The legal age for consuming alcohol is 21 years old in every state. Yet 1 in 6 teens involved in fatal summer crashes tested positive for alcohol.
  • More than 52 percent of teens participating in AAA’s research reported they had read a text message or email while driving in the past 30 days. Another 40 percent admitted to sending one.
  • As part of its research, AAA used in-vehicle dash cameras and found 58 percent of teens who caused a crash were engaged in distracted behaviors. This was four times as high as federal estimates.

Other research goes deeper, showing teen drivers crash nearly 4 times as often per mile as drivers age 20 and up (Insurance Institute of Highway Safety.) The younger the driver, the more likely they are to crash due to inexperience or risky behaviors. Even a couple years can make a significant difference. For instance, the crash rate for 16-year-old drivers is 1.5 times as great as for 18- and 19-year-olds.

A few tips for your family:

Teen driving agreement. If you have never done so, now is a good time to have your child sign a teen driving agreement. Don’t just get a signature. Ask your teen to read each point out loud and ask if they understand or have any questions. 

Massachusetts Junior Operator Law. Remind your teen that they have additional restrictions under the state’s junior operator law. If they violate the law, they may be cited and the infraction will go on their driving record. There is nothing you can do to help them at that point unless you plan to hire a criminal defense lawyer and attempt to challenge the citation.

For the first six months, drivers age 16 ½ to 18 cannot carry passengers under the age of 18, except for family members. The law also bans junior operators from driving between the hours of midnight and 5 a.m. and cell phone use is not allowed for any reason. There are additional consequences for driving under the influence of alcohol, speeding or drag racing.

Drinking and Driving. Explain to your teen that there is a zero tolerance policy for drinking and driving in your home. Encourage them to avoid parties where there are a large number of teens or where teens may be drinking.

At the same time, they should never get in the car with a friend who has been drinking and you will do everything you can to help them get home safely in situations involving alcohol. Come up with an emergency plan together now before there is a crisis situation.

Drive with your teen. Ask your teen to tag along when you go to the grocery store or mall. Show them how you handle the parking lot or the busy intersection where you need to watch for cyclists and pedestrians. Talk through some of the steps out loud. Then, give them the wheel on the way home. 

Set a good example. Do not heavily consume alcohol and never drive if you do. Put your cell phone in the back seat when you drive. If your teen calls, say, “I was driving and couldn’t talk.” If you use a hands-free driving device, consider limiting use while your teen gets started on the road. 

About Breakstone, White & Gluck

At Breakstone, White & Gluck, our Boston car accident lawyers have over 100 years combined experience. Our lawyers are committed to providing aggressive representation and obtaining the best possible financial results for clients – in every case. We represent clients injured by car crashes and in truck accidents in Boston, Cambridge, Somerville and across Massachusetts.

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

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Hands-free legislation has taken a step forward in Massachusetts this year. So have the studies and research showing the dangers cell phones bring to the roads.

Woman talking on a cell phone and at risk for causing a distracted driving accident.Eight years ago, Massachusetts banned texting while driving. Since that time, lawmakers have considered several proposals to ban drivers from using hand-held cell phones, with a goal of reducing distracted driving injuries and fatalities. On May 15, 2019, the Massachusetts House of Representatives overwhelmingly supported another proposal with a 155-2 vote. As many watch, the state Senate now plans to discuss the legislation in early June. Watch with caution though. The Senate has already approved hands-free driving bills during each of the last two sessions, according to the State House News Service.

Under the House bill (H 3793), drivers would not be able to use hand-held cell phones. If they want to talk, drivers will have to use hands-free technology such as a Bluetooth device and keep their hands away from their phones. The primary exception is drivers can make a single tap or swipe to activate the device’s hands-free mode. There is another limited exception for public safety personnel and drivers in certain emergency situations.

What about GPS? Drivers can continue to use GPS devices which are mounted onto their vehicle’s dashboard, but these must not impede operation.

Fines for violations would start at $100 for first-time offenders. There would be a $250 fine for a second offense and a $500 fine for third and subsequent offenses. The bill would take effect 90 days after passage, but drivers will receive warnings instead of fines for violations up until Dec. 31, 2019.

In addition to approving hands-free legislation, the House bill would also require an annual review of the race and demographic information for drivers who are issued traffic citations. While Massachusetts already collects this data, lawmakers say there needs to be a consistent and regular review.

Distracted Driving Increases Near Emergency Responders

As we wait for legislators to vote, we want to share a few recent studies on distracted driving.

In April, the National Safety Council (NSC) released an alarming and upsetting report on a dangerous trend: drivers using cell phones near emergency responders.

All 50 states have “move over” laws which require drivers to clear the way and give emergency responders space to work. The Massachusetts “Move Over Law” took effect in 2009 and protects the work area for police officers, firefighters, paramedics, tow truck drivers and all roadside emergency and maintenance professionals.

Despite these laws, the NSC reports 71 percent of drivers surveyed said they take photos and video when they see an emergency vehicle on the side of the road. While passing by, they film fires, car crashes and even routine traffic stops.

Drivers are doing more than capturing the scene. Sixty percent are also posting footage to social media. Another 66 percent are providing someone with an update by e-mail.

There is a tragic cost to this cell phone use. About 16 percent of drivers surveyed said they have actually hit a first responder or were involved in a near-crash. And despite their actions, nearly 90 percent agree: their cell phone use puts emergency responders in harm’s way.

This problem doesn’t go away once the ambulance or police car drives away. On a normal day, when emergency responders are not on the scene, 24 percent of the drivers admit they still snap pictures and record video. Another 29 percent of drivers say they engage with social media and 24 percent say send e-mails.

AAA Foundation for Driver Safety Reports on Teen Driving, Cell Phone Use

Another study comes from the AAA Foundation for Traffic Safety and reports on the risk teen drivers bring to the roads, including when they use cell phones.

The study focused on drivers between the ages of 15 and 18, including those with learner’s permits, restricted licenses (often called junior operator licenses) and full licenses. The study reports teens are a vulnerable driving group because of their inexperience and they need education into the potential consequences of cell phone use, speeding and other reckless behavior. AAA released the study to raise awareness between Memorial Day and Labor Day, often known as the “100 Deadliest Days.”

The study reported that teen drivers killed nearly 3,500 people from 2013 to 2017. Cell phone use contributes to these car accidents. Some 52 percent of teens said they had read a text message or sent an e-mail while driving, according to the AAA study.

AAA noted police often struggle to determine if texting caused a car crash, but that the study’s researchers made use of in-vehicle dash cameras. With these tools, AAA found 58 percent of teen crashes were the result of distractions, including texting and reading text from a cell phone.

About Breakstone, White & Gluck

Breakstone, White & Gluck of Boston specializes in representing those who have been injured by the negligence and wrongdoing of others. With more than 100 years combined experience, our personal injury attorneys represent clients in matters involving catastrophic injuries, car accidents, bicycle accidents, medical malpractice, head injuries and wrongful death.

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

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20 mph speed limit

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

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

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

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

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

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

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

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

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

Data That Supports 20 MPH

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

Related:

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

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

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

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Drunk driving accidents resulting in injury

The Massachusetts Legislature is being asked to reconsider an ignition interlock law for first-time OUI offenders.

A proposal to expand use of ignition interlock devices for drunk drivers is back before the Massachusetts Legislature.

Gov. Charlie Baker and Lt. Gov. Karyn Polito’s transportation bill includes the proposal to mandate ignition interlocks for first-time convicted drunk drivers. Currently, Massachusetts drivers convicted for the first time may seek hardship licenses allowing them to travel for work and specific purposes. Baker and Polito’s proposal would also put ignition interlock devices in their vehicles for at least six months following conviction. The devices test whether drivers are under the influence and if so, prevents them from starting their vehicle.

electric scooter

Electric scooter parked on a sidewalk. Seven scooter companies have expressed interest in coming to Massachusetts, according to the Metropolitan Area Planning Council (MAPC).

If proposed legislation passes, electric scooter rentals may soon return to Massachusetts. Bird – a start-up scooter company – flew in and out of the state last year on a failed test run.

Since then, many communities have been discussing regulations locally while waiting for action on the state level. Last month, Gov. Charlie Baker delivered, including electric scooters in his road safety bill, calling for them to be regulated similar to bicycles. Like cyclists, scooter riders would be required to wear helmets to protect themselves from head injuries.

snow plow accidents can happen in parking lot

A snow plow crash killed an Easton man this week. Police are currently investigating.

As we battled snow and cold, there were two fatal snow plow accidents this week, including one death here in Massachusetts. In Easton, a snow plow hit and killed a 64-year-old man who was changing a tire on Route 138. Meanwhile, in Illinois, another man was snow blowing his driveway when a plow truck backed into him. Both men were pronounced dead on the scene.

These were not the only snow plow accidents, either. In Johnson County, Kansas, a snowplow driver veered off the road and died in a single-car crash. In New York, a state DOT snow plow and vehicle collided in the Town of Aurelius in Cayuga County. Traffic was stopped as two people were airlifted for medical treatment.

Woman talking on cell phone in car

Hand-held cell phone use would become illegal under new legislation proposed by the Massachusetts’ governor’s office.

Many of us expected Gov. Charlie Baker and Lt. Gov. Karyn Polito would file legislation to limit drivers to hands-free cell phone use this year. But the Baker-Polito Administration went much further last week when it filed, “An Act Relative to Improving Safety on the Roads of the Commonwealth.” In announcing the legislation, the administration reported more than 15,000 people were seriously injured in Massachusetts traffic accidents between 2012 and 2016. Another 1,820 people were killed, including 14 road workers.

The Massachusetts Legislature now has a great deal to consider in coming months. Because these proposals will impact us all, we encourage you to follow the media coverage and share your thoughts with your local legislators and town officials.

Cell Phones. In 2010, Massachusetts banned texting while driving. There have been similar proposals, but no action on handheld cell phones. Meanwhile, distracted driving accidents have increased, claiming 3,450 lives in 2016, according to the NHTSA.

The Baker-Polito proposal would require drivers who use electronic devices to go “hands-free” and make use of hands-free driving equipment, such as Bluetooth. Drivers would have to use voice commands instead of reaching for hand-held cell phones. The proposal does allow “a single tap or swipe to activate, deactivate or initiate hands-free mode.”

If this proposal is approved, Massachusetts would be the 16th state to have a hands-free cell phone law, joining all the New England states.

Primary Seat Belt Enforcement. According to the GHSA, 34 states have primary seat belt laws for drivers and front-seat passengers.

Massachusetts has a secondary seat belt law, meaning police officers cannot simply pull a motor vehicle over for a seat belt violation. A police officer must first observe another moving violation, such as speeding or running a red light.

A primary enforcement law for seat belts has been a hard sell in Massachusetts. But we urge you and your family to use the debate as a reminder to wear a seat belt every time you ride. According to the NHTSA, seat belts saved an estimated 14,668 lives in traffic accidents in 2016. Wearing a seat belt is an easy choice we can all make to protect ourselves.

Road Workers. The Massachusetts Department of Transportation would be granted authority to lower speed limits in construction zones. Fines would double in areas where workers are.

Truck Sideguards. In 2014, the Boston City Council approved a truck sideguard ordinance for all city-contracted trucks – the first in the nation. The governor’s proposal builds on this, mandating sideguards for all state-owned trucks and vehicles over 10,000 pounds. Along with sideguards, trucks must be equipped with convex and cross-over mirrors to increase driver’s visibility. If approved, trucks would have to be equipped by Jan. 1, 2020. All state and municipal contractors would have to do the same by 2022.

The sideguards are intended to protect the area between the truck’s front and back wheels, blocking it off to cyclists and pedestrians who can be caught underneath. Massachusetts has seen numerous cyclists who have been seriously injured or killed by these types of truck accidents.

Electric Scooters. The proposal would start regulating electric scooters like bicycles and allow scooter rentals to move ahead in local communities. This has been a point of contention in the Boston area as bikeshare and rideshare companies are eager to start scooter rentals here. Cities have argued that scooters are illegal because they don’t have directional signals as stated under current state law.

Ignition Interlock Devices. When drivers are convicted of operating under the influence or drunk driving in Massachusetts, they are permitted to apply for a hardship license. With this proposal, anyone who applies for a hardship license must use an ignition interlock device for a minimum of six months. The proposal also clarifies that the Registry of Motor Vehicles has authority to impose penalties if drivers attempt to drive after consuming alcohol or tamper with a device.

Further Reading:

Mass.gov: “An Act Relative to Improving Safety on the Roads of the Commonwealth.”

About Breakstone, White & Gluck – Boston Car Accident Lawyers
With more than 100 years combined experience, Breakstone, White & Gluck specializes in representing individuals injured in car accidents, truck accidents and other catastrophic collisions. If you have been injured, learn your rights at 800-379-1244 or 617-723-7676. You can also use our contact form.

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Traffic jam

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

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

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

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

Tips for driving safely for the holiday season:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Additional resources:

AAA’s Holiday Travel Forecast for 2018

National Highway Traffic Safety Administration

2017 Data: Alcohol-Impaired Driving, NHTSA


About Breakstone, White & Gluck

Free Legal Consultation: 800-379-1244

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

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

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