Posts Tagged ‘“Boston car accident lawyers”’
State of Massachusetts Releases Education Materials on New Hands-Free Driving Law
Hand-held cell phone use becomes illegal in Massachusetts on Feb. 23, 2020, when the new hands-free law takes effect.
The state of Massachusetts has published a new web page and pamphlet on the new hands-free driving law, which takes effect on Feb. 23rd.
While Massachusetts passed a texting while driving ban in 2010, it was the final New England state to enact hands-free legislation in November. When the new law at last takes effect, drivers will be prohibited from using cell phones and electronic devices, unless they are in hands-free mode or they have to call 911 for an emergency.
Distracting driving is a serious safety threat on the roads, causing 9 deaths and more than 1,000 injuries each day in U.S. traffic crashes, according to the CDC. This goes beyond just cell phone use. Think of it as any activity which takes your eyes off the road, your mind off the road or your hands off the wheel.
Texting while driving and cell phone use cause many injuries each year. If the news stories have not deterred you, the new Massachusetts hands-free law should; it is about to become much easier for police to identify drivers who are using cell phones illegally.
Penalties for violating the Massachusetts hands-free law:
For a driver’s first offense, there is a $100 fine. The second offense carries a $250 fine and drivers must complete a distracted driving education program. Third and subsequent offenses can lead to a $500 fine and drivers will have to attend the education program. At this point, drivers can also face an insurance surcharge.
What becomes illegal under the Massachusetts hands-free law:
No Holding Your Cell Phone. Cell phones must be mounted or installed in your vehicle before you use hands-free technology or voice-to-text communication. Drivers can only touch their cell phones to make an initial swipe to activate hands-free mode.
No Touching Your Cell Phone Screen. Drivers cannot touch cell phones to email, check social media or watch video. All other Internet use and app use is also banned.
Get Your GPS Ready. GPS is a critical tool for many drivers. Going forward, be aware that you can only activate your GPS from an electronic device which is installed in your vehicle or properly mounted on the dashboard.
No Cell Phone Use at Red Lights. You can only pick up your cell phone if your car is stationary and safely outside the travel lane. Hand-held cell phone use at stop signs and red lights is a violation. Along with drivers, cyclists are also banned from using hand-held electronic devices.
Visit the state of Massachusetts web page to learn more.
Our Final Note
Massachusetts drivers must continue to use caution under the new hands-free law. Even if you follow the law, hands-free doesn’t mean distraction- or accident-free.
Free Legal Consultation – Boston Personal Injury Lawyers
Breakstone, White & Gluck is a Boston personal injury law firm with extensive experience handling Massachusetts car accident claims for those injured by negligent driving. If you have been injured, our attorneys are here to advise you of your rights to file a claim against the driver or another party who may be at fault. For a free legal consultation, call Breakstone, White & Gluck at 800-379-1244 or 617-723-7676. You can also use our contact form.
Protecting Yourself Before and After a Car Accident in Massachusetts
Breakstone, White & Gluck offers a series of new articles to help you understand your rights and responsibilities under your Massachusetts auto insurance policy. As part of these articles, we share tips on how to buy more coverage to help yourself or your family members should you ever be injured or your vehicle damaged. Another driver may be at fault, but if they are uninsured or underinsured, you may need to look to your own auto insurance policy.
Getting Started with Massachusetts Auto Insurance
When someone buys a car, they learn a tough lesson: auto insurance can be costly for Massachusetts drivers. But under Massachusetts law, drivers are required to purchase an auto insurance policy and this is essential if you are injured in a car crash. Our Boston car accident lawyers share tips for getting started.
Infographic: What You Need to Know About Auto Insurance in Massachusetts
Our infographic explains Personal Injury Protection (PIP) benefits and our recommendations for Bodily Injury Coverage, Underinsured and Uninsured Motorist Coverage and Medical Payments Coverage.
How to File a Massachusetts Motor Vehicle Crash Operator Report
While we hope you are never involved in a crash, drivers can take a few minutes to familiarize themselves with the Massachusetts motor vehicle crash operator report. It is your responsibility to submit this form to your auto insurer if you are involved in a car accident resulting in more than $1,000 property damage or injury.
More Auto Insurance Articles
Still have a question? Please visit our website, where we have more articles on insurance coverage for drivers, bicyclists and motorcyclists.
Free Legal Consultation
Breakstone, White & Gluck – Boston Car Accident Lawyers
Breakstone, White & Gluck represents those injured in car accidents, truck crashes and other traffic incidents across Massachusetts. Our firm is based at 2 Center Plaza across from Boston City Hall and we offer a free legal consultation by telephone. Contact our firm today at 800-379-1244 or 617-723-7676 or use our contact form.
Beware: The Most Dangerous Pedestrian Street Crossings in Massachusetts
Pedestrians walk safer in Massachusetts communities which utilize pedestrian traffic signals to reduce the risk of crashes.
Pedestrian safety is always an important topic. But in Massachusetts, the topic is most critical during the winter months, when a large number of pedestrian accidents happen.
First, everyone on the road – drivers, pedestrians and cyclists – must use reasonable care and follow traffic laws. Then, take another careful look at intersections and school zones you travel through. Read traffic signs and find the crosswalk markings. They may not be as visible during snow conditions, at night or when a large truck is in the next lane. Make sure to stop well before the crosswalk.
Under Massachusetts law, pedestrians have the right of way when they are in a crosswalk and the “Walk” signal is operational. When there is no signal, drivers shall yield the right of way to pedestrians.
Finally, learn where pedestrian accidents and crosswalk accidents have happened in Massachusetts. Read the list below and take away any insights you can to protect yourself, older parents and young children.
Lynn
From 2007 to 2016, the Massachusetts Department of Transportation (MassDOT) reported the highest numbers of pedestrian crashes were in Lynn. The downtown area – the roads along Washington Street, Central Avenue and Union Street – saw a total of 321 pedestrian crashes, including 223 incidents which resulted in injury or death. There were another 98 crashes without injuries.
Chelsea
The area approaching the Tobin Bridge saw 260 pedestrian crashes over the same decade. The crash cluster included Chestnut Street, Cherry Street, Ash Street and Everett Avenue. These reports included 192 pedestrian crashes resulting in injury or death and 68 other incidents with no injury reports.
Fall River
MassDOT reported North Main Street and surrounding streets had the third highest number of pedestrian accidents. There were 143 pedestrian injuries and deaths. This cluster included North Main Street then stretched over Interstate 195 to Columbia Street, Hope Street, down to Peckham and Palmer streets.
Cambridge
Central Square is one of the busiest pedestrian walking areas in all of Massachusetts. Central Square and nearby streets ranked fourth for pedestrian accidents in Massachusetts. With 143 total crashes, this cluster includes Lansdowne Street and Hancock Street. This area is near the Central Square T stop, bus services and Cambridge city services.
Boston
With 134 pedestrian crashes, a stretch of downtown Boston ranked fifth for the most pedestrian accidents. This area included Boylston Street to the Mass Turnpike, Route 93 and Frontage Road. There were 84 crashes resulting in injury or death.
New Bedford
This Bristol County community saw 82 pedestrian crashes between Route 6 and Hawthorne Street, which is near the waterfront and Buzzards Bay. Of these, 65 crashes resulted in death or injury.
Quincy
There were 77 total crashes which injured pedestrians in downtown Quincy between 2007 and 2016. These pedestrian crashes happened along Hancock Street, between Elm Street and the corner of Washington Street corner. This area sits near Quincy City Hall, the Thomas Crane Public Library and National Park Service.
Worcester
85 Worcester pedestrian accidents were reported in a cluster of streets along Francis J. McGrath Boulevard. These streets included Southbridge Street, Charleton Street and Sycamore Street. Injury was involved in 55 of these Worcester pedestrian crashes.
New Bedford
Along Acushnet Avenue and Sawyer Street, approaching Interstate 195, there were 72 pedestrian accident reports. Of these, 55 pedestrian accidents involved injury or death.
Somerville and Cambridge
There were 69 pedestrian crashes reported in the traffic cluster around Davis Square in Somerville, just along the Cambridge border. Davis Square is where Highland Avenue converges with Holland Street, College Avenue, Dover Street and Day Street. Just a mile from Tufts University in Medford, Davis Square is an ideal commuter location, with an MBTA Red Line subway service into Boston and Cambridge.
About the Data
This data was published in the MassDOT 2016 Top Crash Locations Report, December 2018.
About Breakstone, White & Gluck
At Breakstone, White & Gluck, our attorneys provide experienced representation to those injured by negligent driving, including in pedestrian accidents and bicycle crashes. If you have been injured, learn your rights. For a free legal consultation, contact our attorneys at 800-379-1244 or 617-723-7676 or use our contact form.
Attorney Marc L. Breakstone Says There is Potential for Civil Lawsuits After Hi-Way Safety Systems Party
Attorney Marc L. Breakstone was interviewed by NBC Boston in segment: “After Fatal Pembroke Crash, Could Holiday Hosts Be Held Liable?”
Attorney Marc L. Breakstone was interviewed by NBC Boston as part of its ongoing coverage of the Hi-Way Safety Systems holiday party and the subsequent deaths and injuries. At least three employees are now facing criminal charges, including one in an alleged high-speed drunk driving crash in Pembroke, which killed a teenage girl. A fourth employee was found dead in a Rockland motel in the subsequent hours.
The NBC Boston segment, which aired on January 8, 2020, focused on whether the party hosts may also face criminal charges under the Massachusetts social host law and civil lawsuits. The company reportedly hosted the party.
Breakstone is a Boston personal injury lawyer with over 30 years of experience representing victims of negligence. He said victims may able to file civil lawsuits in these serious cases.
“Key is the issue of control. If I control the service of alcohol in my home, and I have the ability to shut someone off and don’t, I could be liable.”
The Plymouth County District Attorney’s office and police now want to interview each party guest to learn more about the circumstances. In the wake of the crash, the Massachusetts Department of Transportation has announced Hi-Way Safety Systems can no longer bid on state contracts. Hi-Way Safety Systems has announced the employee who caused the Pembroke crash which killed a teenage girl and seriously injured another victim has been fired. He has been charged with one count of manslaughter while operating under the influence of alcohol, two counts of operating under the influence causing serious bodily injury and other offenses. He was ordered held without bail in Plymouth District Court.
Watch the NBC Boston segment.
Attorney David W. White Discusses Massachusetts Social Host Liability Law in Boston 25 News Interview
Attorney David W. White was interviewed by Boston 25 News about the potential for social host liability lawsuits following the Hi-Way Safety Systems holiday party and fatal crash in Pembroke, Massachusetts. The driver in that crash is now facing numerous criminal charges related to a teen’s death and injuries to others at the scene, including manslaughter while operating under the influence of alcohol (OUI).
“Now in Massachusetts, that’s a very hard thing to prove,” he said. “You have to be able to show that the host knew or should have known that the guest was getting intoxicated. And it has to be their alcohol. So if a guest brings his or her own alcohol to the party, then there would not be any social host liability.”
Parts of his interview was broadcast last night and this morning. Follow the news website for ongoing coverage: https://www.boston25news.com/
About Breakstone, White & Gluck – Boston Personal Injury Lawyers
Breakstone, White & Gluck is one of the most respected personal injury law firms in Boston. Learn more about our attorneys and our results for clients. If you have been injured, contact us for a free legal consultation at 800-379-1244 or 617-723-7676 or use our contact form.
How to File a Massachusetts Motor Vehicle Crash Report
If you have been injured, it is important to submit a Massachusetts motor vehicle crash operator report.
Have you reported your car accident to police?
While we hope you are never involved in a crash, drivers can take a few minutes to familiarize themselves with the Massachusetts motor vehicle crash operator report. Reviewing it can be helpful should you ever be in a crash – or witness one.
You can find the Massachusetts motor vehicle crash operator report online. It is available on the state of Massachusetts website.
Massachusetts Motor Vehicle Crash Operator Report – Driver Obligations
M.G.L. Chapter 90, Section 26 states the driver of a motor vehicle involved in a crash must report the collision if anyone was killed, injured or if property damage resulted in an excess of $1,000 in damage. This damage may be to a vehicle involved in the crash or to another type of property, such as a fence or building.
All drivers involved in crashes must file a report with the Massachusetts police department which has jurisdiction, their auto insurance company and the state Registry of Motor Vehicles.
Drivers have five days to file a report. The exception is when a driver suffered serious injury and is unable to file a police report right away.
Police departments must accept motor vehicle crash reports from any driver who unlawfully left the scene of a hit and run accident, even when the property damage falls under $1,000.
When a driver operates someone else’s vehicle under the influence of alcohol and there is a crash, the vehicle’s owner is responsible for reporting. They have five days to report the crash, based on when they learned about the crash.
Filing a motor vehicle crash report is your responsibility as a driver, whether you were injured or at fault in the crash. Failure to fill out a motor vehicle crash report has consequences. Drivers can have their licenses suspended by the RMV. They may also face criminal penalties.
Motor vehicle crash operator reports are the first step if you need to have your car repaired, replaced or if you have been injured. Police will consider the crash report you submit as part of their investigation in determining who was at fault and whether to cite that person. A traffic citation or criminal charges can support your claim seeking financial compensation for medical expenses, lost wages and other damages.
Filling Out The Report – What Drivers, Passengers and Others Should Know
If you are seriously injured, you cannot gather evidence and information at the accident scene. The investigation will largely fall to the police department which responds.
But if you can collect information, your cell phone is the best tool you have after a car crash. Take photos of everything, from your own vehicle to the roadway and the other vehicle.
This is where it becomes valuable to review the Massachusetts motor vehicle crash report before an accident. By doing so, you will have a better understanding what information to capture on the scene. As you can see, the report requests the other driver’s license and insurance information. It also asks drivers to report:
- Crash Location
- Vehicle You Were Driving
- You and Your Passengers
- Other Vehicles Involved in the Crash
- Non-Motorist(s) Involved
- Crash Conditions
- Crash Diagram
- Witness Information
- Property Damage Information
- Description of What Happened
Read the motor vehicle crash report for more information on each of these points. The report contains a section dealing with pedestrian accidents and bicycle accidents.
What’s Next
When you have been injured, receive medical attention first. Then you can file a police report, consult a Boston car accident lawyer or contact your auto insurance company if you were operating a motor vehicle when the accident occurred. You should decide which order based on the severity of your injuries. We recommend consulting a lawyer first if you have been injured. Our lawyers can explain your legal rights, answer your questions and assist in handling all the important steps, including contact with the auto insurance companies and the police department.
We have represented clients in communities across Massachusetts, from Boston to the North Shore, South Shore, Cape Cod, the New Bedford area and Worcester.
Avoid all contact, whether by phone or email, with the other driver’s auto insurance company. It is also recommended that you and your family stay off social media. Do not confide in friends or co-workers about a car accident until you have spoken to a lawyer and made some progress in your physical recovery.
For additional tips, please visit Breakstone, White & Gluck’s website page, “What to Do When You Have a Car Accident.”
About Breakstone, White & Gluck – Massachusetts Car Accident Attorneys
With more than 100 years combined experience, Breakstone, White & Gluck represents individuals and families who have been injured by negligent drivers in Massachusetts. Clients turn to us for our experience and results in cases involving car accidents, truck crashes, bus accidents and pedestrian accidents.
If you have been injured by a negligent driver, learn your legal rights. Call 800-379-1244 or 617-723-7676 or use our contact form.
Attorney David W. White Interviewed by Boston 25 News on Liability in Pothole Accidents
Attorney David W. White was interviewed by Boston 25 News for a story which aired last night, “Mass. ‘Pothole’ Law Leaving Many With a Hole in Their Wallet.” The 25 Investigates team found cities and towns in Massachusetts are not compensating drivers for motor vehicle damage caused by winter potholes on municipal roads. Surprising many is that state law favors this position.
“You would think the law would be a little more supportive of people who suffer damages to their cars because we can’t maintain our roads,” Attorney White said in the interview. He later added, “The city can say you were 1% negligent yourself and that is an absolute defense to the case. And they’ll win, they will win.”
The investigative team found a handful of exceptions when cities actually paid drivers for pothole damage. But most drivers in Massachusetts had to foot their own bill, at an average cost of $306, according to AAA. The costs can be much higher for some drivers.
If a driver is successful in making a claim, there is a $5,000 maximum compensation.
About Breakstone, White & Gluck – Boston Car Accident Lawyers
The Boston personal injury lawyers at Breakstone, White & Gluck specialize in representing those injured by negligent and reckless driving in Massachusetts. If you have been injured in a car accident or a truck collision, seek immediate medical treatment and consult our attorneys to learn your legal rights. For a free legal consultation, call 800-379-1244 or 617-723-7676 or use our contact form.
Protecting Older Pedestrians From Car Accidents in Massachusetts
Massachusetts state officials are working to improve safety for older pedestrians.
When the snow falls, Massachusetts becomes more treacherous for everyone who walks. Older pedestrians are particularly vulnerable.
Massachusetts now has more than one million residents who are 65 or older – or roughly 15 percent of our population, according to a recent report, “Risk Factors for Older Pedestrian Injuries and Fatalities in MA.” The report was prepared for the Massachusetts Department of Transportation (MassDOT) in August 2019.
As Massachusetts residents live longer, many are more likely to be out walking for health or transportation. The state report identifies common risks to older pedestrians:
Winter Months. Researchers studied 4,472 pedestrian crashes across Massachusetts between 2006 and 2015, reporting crashes involving older pedestrians peak at 5 p.m. and during the month of December. November and January are also high risk months for older pedestrians, as they navigate darker conditions. When snow and ice is not cleared, sidewalks, parking lots and driveways can also contribute to unsafe conditions, as do drivers who fail to look for pedestrians and stop at crosswalks.
Causes of Older Pedestrian Crashes. Drivers who caused older pedestrian crashes were often inattentive, failed to yield the right of way or had trouble with visibility.
Where Older Pedestrians Were Hit. Older pedestrians were often hit at crosswalks at intersections, where they should have safety protections.
Where Older Pedestrians Crashes Occur. Researchers found Cambridge, Fall River, Lynn and New Bedford among the the top communities for highest number of older pedestrian crashes and the highest per capita.
Changing Face of Pedestrian Accidents. Crash rates involving “younger old” pedestrians – those between age 55 and 74 – increased. Crash rates among older pedestrians (75 and older) remained consistent.
Community Health. Communities with higher rates of disability reported greater rates of older pedestrian crashes. These included the urban neighborhoods of Boston, Lawrence and Chelsea.
Community Amenities. Communities with a high number of cultural amenities within walking distance – such as libraries and fitness centers – had higher crash rates among older pedestrians.
Not Just Older Pedestrians in Massachusetts. This state report comes as pedestrian fatalities rise across the country. Last March, the Governors Highway Safety Association announced a 35 percent increase in pedestrian deaths from 10 years ago (Streets Blog). This was the highest number of pedestrian fatalities since 1990.
Nationally, research shows 48 percent of pedestrian fatalities involved victims 50 and older, according to the Massachusetts study. Meanwhile, Massachusetts reports half of all pedestrian fatalities involve a pedestrian 55 and older.
Report Recommendations
The state report recommends work to protect older pedestrians be tied in with the Governor’s Council to Address Aging in Massachusetts, which was established in 2017. Among other advisories, the state report also sought infrastructure improvements in certain communities and creation of a winter public awareness campaign aimed at protecting older pedestrians.
Our Safety Tips for Pedestrians During Winter
Wear Neon. Pedestrians can make themselves more visible to traffic by wearing neon colors and neon reflective tape. Consider buying neon jackets, vests, hats and gloves to stand out.
Our Safety Tips for Drivers During Winter
Stop at Crosswalks. Make eye contact with pedestrians at crosswalks. Stop as they cross.
Other Drivers. Stop if you are approaching a driver who has stopped for a pedestrian at a crosswalk. Allow the pedestrian to completely cross the street.
Avoid Night Driving At Times. If you are overtired or are having trouble seeing at night, don’t drive. Make an appointment to have a doctor check your vision. Wear your eyeglasses as prescribed when you drive.
Limit Alcohol Consumption. Never drive while intoxicated. Use the designated driver system.
Free Legal Consultation – Boston Personal Injury Lawyers
With over 100 years combined experience, Breakstone, White & Gluck has been consistently recognized for our results in personal injury cases in Massachusetts, including by Top 100 New England Super Lawyers and U.S. News Best Law Firms. If you or a loved one has been injured by someone’s negligence, it is in your best interests to consult an experienced personal injury lawyer. For a free legal consultation, contact our attorneys at 800-379-1244 or 617-723-7676 or use our contact form.
2019 Year in Review from Breakstone, White & Gluck
Marc L. Breakstone, David W. White and Ronald E. Gluck founded Breakstone, White & Gluck in 1992. This year, our partners and our associate Reza Breakstone continued our practice, delivering superb and meaningful results to our clients in injury cases:
Attorney Marc L. Breakstone Interviewed About Lynnway Auto Auction Indictments
In March, Attorney Marc L. Breakstone was interviewed by WHDH TV about the criminal indictments returned against the Lynnway Auto Auction and its company president. Each was charged with five counts of manslaughter in the 2017 crash killing five people. Attorney Breakstone is representing one of the families who lost a loved one.
Attorney David W. White Interviewed by NBC Boston on E-Scooters
Attorney David W. White was interviewed by NBC Boston for a segment called, “Are You Protected in a Scooter Crash? Experts Say Read the Fine Print.”
Attorney Ronald E. Gluck Negotiates $1.6 Million Settlement for Client Who Suffered Concussion and Mild Traumatic Brain Injury
Attorney Ronald E. Gluck negotiated a $1.6 million settlement for a client who suffered a concussion and mild traumatic brain injury. Attorney Gluck discusses his work for clients in this area:
Project KidSafe and Community Outreach
In April, Breakstone, White & Gluck launched our 7th annual Project KidSafe campaign with a bike helmet giveaway at Framingham Earth Day. We recently concluded another successful year, donating more than 4,000 bicycle helmets to children across Massachusetts. To reach children and families, our firm partnered with more than 35 community organizations, including 12 police departments, schools and bicycle committees, along with MassBike and Massachusetts Safe Routes to School.
With this year’s donations, our attorneys have now given away more than 25,000 helmets, with a goal of protecting children on bicycles, preventing head injuries and saving lives.
As we made our last helmet donation of 2019, we were especially touched by kind words from Boston Police Commissioner William Gross:
Outside our Project KidSafe campaign, we supported many bar and community organizations, including the Massachusetts Bar Association and Massachusetts Academy of Trial Attorneys. In January, we supported and participated in the Equal Justice Coalition’s Walk on the Hill, when lawyers across the state advocate for increased state funding for civil legal aid.
Attorney Marc L. Breakstone Published in MATA Journal
In May, Attorney Marc Breakstone was published in the MATA Journal, with an article called, “Assessing bias in voir dire after ‘Williams.’
Attorney Ronald E. Gluck Successfully Resolves Mild Traumatic Brain Injury Case Caused by Heavy Snow Collapse
In May, Attorney Ronald E. Gluck announced he had successfully resolved a mild traumatic brain injury case for our client, who was injured when heavy snow collapsed from a commercial warehouse roof onto her vehicle.
Attorney Marc L. Breakstone Wins $1.1 Million Verdict in Rhode Island Case
In May, Attorney Marc L. Breakstone won a $1.1 million verdict for our client who was injured in a car accident.
Awards: Best Lawyers in America© 2020
In August, Attorneys Marc L. Breakstone, David W. White and Ronald E. Gluck were selected for inclusion to the Best Lawyers in America© 2020. Our attorneys were recognized for their excellent work in personal injury, medical malpractice, professional malpractice and insurance law cases.
Attorney Marc L. Breakstone Reaches $2.15 Million Settlement in Wrongful Death Case After Crash in Unsafe Parking Lot
In October, Attorney Marc L. Breakstone announced he had negotiated a $2.15 million settlement on behalf of his client’s estate.
Awards: 2019 Super Lawyers
In October, Attorneys Marc L. Breakstone, David W. White and Ronald E. Gluck were all recognized in the 2019 Super Lawyers rankings. Our firm honors included Top 100 New England Super Lawyers, Top 100 Massachusetts Super Lawyers and Massachusetts Super Lawyers recognition in the areas of personal injury and medical malpractice. Our attorneys were recognized for the 16th year.
Awards: Best Law Firms of America© 2020
In November, Breakstone, White & Gluck was recognized in the 2020 Edition of U.S. News – Best Lawyers “Best Law Firms.” Our firm received rankings as a Tier 1 Boston law firm in personal injury litigation representing plaintiffs and a Tier 1 Boston law firm in medical malpractice litigation representing plaintiffs.
Attorney Marc L. Breakstone Published in MATA Journal
In November, Marc L. Breakstone was published in the MATA Journal, with an article called, “Establishing Liability: Through the Defendant.”
Free Legal Consultation – Breakstone, White & Gluck – Personal Injury Lawyers
Breakstone, White & Gluck has more than 100 years combined experience representing clients in cases involving personal injury, wrongful death, medical malpractice, motor vehicle accidents, bicycle accidents, pedestrian accidents, head injuries, construction accidents, premises liability and product liability. If you or a loved one has been injured, contact our attorneys for a free legal consultation and learn your legal rights: 800-379-1244 or 617-723-7676. You can also use our contact form.
Massachusetts Passes Hands-Free Driving Law
Massachusetts has finally approved distracted driving legislation. Gov. Charlie Baker signed on Monday, establishing New England as a hands-free driving zone.
According to The Boston Globe, the new distracted driving law will take effect on Feb. 23, 2020. Massachusetts police officers will issue warnings until the end of March, then citations will begin. This transition period is meant to help drivers get used to the new law. Become familiar with Bluetooth and other “hands-free” technologies now, and if you plan to use an electronic device for navigation, purchase a mount for your windshield or dashboard.
Until now, most drivers have been able to pick up cell phones to talk in Boston and across Massachusetts. However, under the 2010 texting while driving ban, drivers cannot text, read emails or use social media. This has helped deter some drivers, but overall, not enough without a handheld cell phone ban.
Come next year, Massachusetts drivers can only use cell phones under limited circumstances. Drivers can use electronic devices on “hands-free” mode (though they do get a single-swipe to activate or de-activate the “hands-free” mode). As we mentioned, they must use Bluetooth or a similar “hands-free” technology and mount navigation devices.
Police officers can stop drivers as a primary offense, which is more leeway than they have in enforcing seat belt use. Officers will be required to collect data – including age, race and gender – when they issue a warning or citation. The state will use this data to monitor potential racial profiling by police departments.
The new Massachusetts distracted driving law brings notable consequences. These alone are good financial motivators for putting down your cell phone.
Under the new law, drivers will be fined $100 for the first offense, $250 for the second offense and $500 for the third offense (and any subsequent offense). Second-offenders have to participate in a driver safety course. Drivers can also face an insurance surcharge.
Safety is the most important point. Cell phone use is responsible for more than 1 of 4 car crashes, according to the National Safety Council. Distracted drivers killed 3,166 people across the U.S. in 2017, according to the National Highway Traffic Safety Administration. These are hard numbers to hear.
Massachusetts now joins every other New England state in improving hands-free cell phone legislation. Maine was the last state to approve legislation this past summer. According to the National Conference of State Legislature, 20 states already have laws which ban handheld cell phone use, so Massachusetts could be the 21st.
Read the law: AN ACT REQUIRING THE HANDS-FREE USE OF MOBILE TELEPHONES WHILE DRIVING, 2019 Mass. Acts 122
Boston Car Accident Lawyers – About Breakstone, White & Gluck
At Breakstone, White & Gluck, our Boston car accident lawyers have over 100 years combined experience and provide expert investigation into car crashes involving negligent cell phone use. We represent clients who have been injured by negligent driving across Massachusetts, including in Boston, Cambridge, Somerville, Quincy and Braintree. South of Boston, our attorneys have represented numerous clients, including those injured in Brockton, Plymouth and Cape Cod, as well as in Framingham, Worcester and north of Boston, Salem, Peabody, Newburyport and Saugus.
If you have been injured, learn your legal rights. Call 800-379-1244 or 617-723-7676 or use our contact form.