Articles Tagged with “Boston personal injury attorneys”

Pedestrian crashespedestrian-1200 have made devastating headlines in Boston and Somerville this past week. In Boston, a van struck two pedestrians at a feared intersection last Wednesday (Sept. 11th). One victim, a young woman, later died from her injuries. The next day in Somerville, a garbage truck critically injured a woman on the McGrath Highway.

As the investigations begin, many are questioning the traffic signals. In Boston, city officials responded quickly, with Mayor Marty Walsh already announcing changes at Melcher and Summer streets. This intersection is located in the Fort Point neighborhood near the Seaport District and South Boston.

Going forward, pedestrians will have a full right of way at the intersection.

According to WHDH, the traffic signal had been giving pedestrians the light to start crossing Summer Street. Then, drivers on Melcher Street were given the green light to turn while pedestrians were still crossing. Signage warned drivers to yield to pedestrians, but residents and businesses said this wasn’t enough. They worried about their safety and complained to city officials.

Boston Police are investigating. No criminal charges have been filed against the driver of the van.

The next day in Somerville (Sept. 14th), a woman was hit by a garbage truck and transported to a local hospital with serious injuries. The 34-year-old was hit on the McGrath Highway, at the intersection of Somerville Avenue. According to NBC Boston, the woman had been attempting to cross the street around 1:45 p.m., using the marked crosswalk. The garbage truck struck her as it turned.

As in Boston, State Police are investigating. No criminal charges have been filed against the driver.

As we wait to hear more, the Somerville News Weekly is reporting the traffic signal may have been re-synchronized the day after the truck crash. The report questions whether the driver and pedestrian had overlapping traffic signals, as was the case in Boston.

Somerville saw a new traffic pattern introduced earlier this year around the intersection, according to the news weekly. Traffic accidents have followed.

Both Somerville and Boston have seen pedestrian accidents resulting in serious injury and death this year. In Somerville, drivers have hit residents, then kept traveling.

In February, a 40-year-old educator was killed in the crosswalk at Hardan Road and Powderhouse Boulevard. The alleged driver, a Norwood man, never stopped and even went out for dinner later that evening. Days later, the police search came to an end when the man’s truck was found the vehicle parked in Somerville.

Another pedestrian was killed in July. The 52-year-old woman was struck along Mystic Avenue, near McGrath Highway and Stop & Shop. This time, the 64-year-old driver from Roxbury turned himself into Somerville Police the next day. The Boston Globe also raised questions about this traffic signal in its reporting, observing pedestrians had just 12 seconds to cross the busy area.

In late August, a 69-year-old man was seriously injured in the early morning hours on Mystic Avenue and Shore Drive. Another driver found him and stopped to help, according to WCVB. As in the other Somerville crashes, neighbors were stunned that the driver fled the scene.

In Boston, several pedestrians were injured by cars this summer. One area of concern has been Massachusetts Avenue and Melnea Cass Boulevard. On June 23rd, a car collided with a pedestrian during the morning commute there. She died shortly later. In July, a Boston Public Health Commission hit a pedestrian in the same area, this time causing minor injuries.

Boston Pedestrian Car Crash Lawyers – Breakstone, White & Gluck
The Boston law firm of Breakstone, White & Gluck specializes in representing those injured by car accidents and pedestrian accidents. If you or a loved one have been injured, learn your legal rights. For a free consultation with our attorneys, contact 800-379-1244 or 617-723-7676 or use our contact form.

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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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Attorney David W. White fitting helmets at Framingham Earth Day 2019. Part of Breakstone, White & Gluck's Project KidSafe campaign to prevent head injuries.

Attorney David W. White fitting helmets at Framingham Earth Day 2019. Part of Breakstone, White & Gluck’s Project KidSafe campaign to prevent head injuries.

While many people enjoy cycling, very few enjoy the process of selecting and fitting a bicycle helmet. The challenge is even greater for parents who have to find helmets for their children.

Breakstone, White & Gluck launched our Project KidSafe campaign in 2013 to help children and families, along with other cyclists, overcome some of the challenges. Read some of our tips for getting started with a bicycle helmet which fits and protects:

  • Before you shop, find a flexible tape measure and measure around your head. Measure from about an inch above your eyebrows.
  • Rather than shopping online, try to purchase a helmet at a local bicycle shop. Ask the staff to help you fit it properly.
  • Before you purchase, ask if the helmet meets the safety standards set by the Consumer Product Safety Commission.
  • Don’t share bicycle helmets. Each cyclist should have their own helmet.
  • Store your helmet inside and avoid exposing it to heat in sunlight unless you are wearing it. Don’t leave it in your car for any extended period.
  • Replace bicycle helmets when they become worn or if you or your child outgrow yours. You may want to consider buying a new helmet every three years. From the outside, your helmet may appear to be in good condition. Yet the protective material inside can deteriorate without any visible signs.
  • Immediately replace bicycle helmets which hit the ground in a bicycle accident or fall.
  • Carry your bicycle helmet if you want to use a bikeshare. Make it a rule not to rent a bike without a helmet.
  • Plan ahead: Keep an extra bicycle helmet at work or at home.
  • Remember, parents who wear helmets encourage children to wear helmets.
  • Take children to bicycle safety events in the community to encourage their interest in cycling and safety.

About Breakstone, White & Gluck

Breakstone, White & Gluck is a Boston personal injury law firm which represents those injured by the negligence and wrongdoing of others across Massachusetts. After more than two decades of representing cyclists who have been injured, the firm’s partners launched the Project KidSafe campaign to help prevent injuries on bikes and encourage children to wear helmets throughout their lives. The firm specializes in all areas of personal injury law.

Learn more about our attorneys.

Learn more about the Project KidSafe campaign.

Watch a video demonstrating how to fit a bicycle helmet.

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Ronald E. Gluck, Marc L. Breakstone and David W. White of Breakstone, White & Gluck

We are pleased to announce that Breakstone, White & Gluck and our attorneys have been recognized by Super Lawyers for the 15th year. Super Lawyers is a rating service of outstanding lawyers who have attained a high-degree of peer recognition and professional achievement. Lawyers are rated nationwide, across 70 practice areas, with just a select number recognized.

2018 Recognition

In 2018, our lawyers have been named to a number of Super Lawyers lists, including the 2018 Top New England Super Lawyers,  2018 Top 100 Massachusetts Super Lawyers and 2018 Massachusetts Super Lawyers in personal injury and medical malpractice, and the 2018 Rising Stars list.

Marc L. Breakstone has been selected to the Top 100 New England Super LawyersTop 100 Massachusetts Super Lawyers and to the 2018 Massachusetts Super Lawyers list, recognized as a top-rated medical malpractice attorney in Boston.

David W. White has been selected to the 2018 Massachusetts Super Lawyers list, recognized as a top-rated personal injury attorney in Boston.

Ronald E. Gluck has been selected to the 2018 Massachusetts Super Lawyers list, recognized as a top-rated personal injury attorney in Boston.

Reza Breakstone has been selected to the 2018 Massachusetts Rising Stars list.

About Breakstone, White & Gluck

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Reza Breakstone

Marc L. Breakstone, David W. White and Ronald E. Gluck founded the law firm of Breakstone, White & Gluck in Boston in 1992. Reza Breakstone joined the firm as an associate in 2015.

At Breakstone, White & Gluck, our Boston personal injury lawyers fight for justice for those who have been seriously injured or killed by the negligence and wrongdoing of others. Our lawyers have won numerous record-setting verdicts and settlements. We specialize in cases involving personal injury, medical malpractice, wrongful death, traumatic brain injuries and motor vehicle crashes. Read more.


Super Lawyers Ratings: Built on Peer Reviews

The 2018 New England Super Lawyers listings, just released, are meant to serve as a resource to help those searching for attorneys and are available for free online. Most years, they are published in Boston Magazine. When you visit a law firm’s website, you can also look for the Super Lawyers badge to see if a lawyer has been rated.

Super Lawyers, a Thomson Reuters business, recognizes the top 5 percent of lawyers across the state, along with a Rising Stars list highlighting the top lawyers under 40 years old (or the top 2.5 percent statewide). Lawyers are rated through a multiphase selection process, including a statewide survey of lawyers, independent research evaluation and peer reviews by other top-rated attorneys in a practice area. The peer reviews are what make the Super Lawyers listings so valuable to consumers and other attorneys. When you call a lawyer rated by Super Lawyers, you can trust other highly experienced lawyers have already reviewed the lawyer’s skills and experience in their specialty.

The independent evaluation considers the following 12 indicators:

  • Verdicts/Settlements
  • Transactions
  • Representative Clients
  • Experience
  • Honors/Awards
  • Special licenses/certifications
  • Position within the law firm
  • Bar and/or professional activity
  • Pro bono and community service
  • Scholarly lectures/writings
  • Education/employment background
  • Other outstanding achievements

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Boston personal injury attorney Marc L. Breakstone

Attorney Marc L. Breakstone was recently interviewed by Massachusetts Lawyers Weekly on the voir dire process.

Requiring attorneys to get pre-approval to question potential jurors is the “wrong approach,” Attorney Marc L. Breakstone said in a recent Massachusetts Lawyers Weekly article.

Breakstone was commenting on a change to the rules for voir dire in Massachusetts. Judges were long responsible for questioning prospective jurors to determine if they could sit fair and impartial in Massachusetts courts. But in 2014, the Legislature approved the introduction of attorney-conducted voir dire. For the first time, attorneys were allowed to directly question prospective jurors.

Attorney David W. White of Breakstone, White & Gluck in BostonThe Massachusetts Bar Association (MBA) has announced it will honor Attorney David W. White with the MBA President’s Award at its May 4th Annual Dinner. The President’s Award is bestowed upon those individuals who have made a significant contribution to the work of the MBA, to the preservation of MBA values, to the success of MBA initiatives and to the promotion of the MBA’s leadership role within the legal community of Massachusetts.

Attorney White is a past president of the MBA from 2007-2008. While serving as MBA president from 2007-08, White formed the Drug Policy Task Force, which made numerous recommendations for criminal sentencing reform and drug treatment in Massachusetts. He also led the Lawyers’ Eco-Challenge, encouraging law firms to fight global warming by changing their office energy use and recycling practices. He has been involved in several MBA section councils, educational programs and annual conferences.

Attorney White was also recognized for his community service beyond the MBA. Since serving as MBA president, he has been active in building Breakstone, White & Gluck’s Project KidSafe campaign, which donates bicycle helmets to children to prevent head injuries. Founded in 2013, the safety campaign has now distributed more than 15,000 bicycle helmets in Massachusetts.

Attorney Marc L. Breakstone was quoted in a front-page Massachusetts Lawyers Weekly article about common law liability for injuries caused by sidewalk defects. The current common-law standard dates back centuries and prohibits many plaintiffs from recovering compensation for injuries. But a recent Appeals Court ruling may have finally set the stage for change.

Attorney Breakstone welcomes the idea. “I think that the common law is a living body of principles that has to evolve as social conditions and the realities of life evolve,” he said.

20161128_sidewalkdefectEarlier this month, the Appeals Court ruled in the case of Halbach, et al. v. Normandy Real Estate Partners, et al., concurring that a Superior Court judge had correctly granted summary judgment to the defendant, 100 & 200 Clarendon LLC, which operated, leased and maintained the John Hancock Tower and a neighboring garage in Boston.

trio-300.jpgOur partners, Marc L. Breakstone, David W. White and Ronald E. Gluck, have been selected to various 2015 Massachusetts Super Lawyers lists, for their work in the practice areas of personal injury and medical malpractice.

We are pleased to announce this honor. This is the 12th year in a row our attorneys have been selected to various Super Lawyers lists, a recognition of excellence. Super Lawyers, part of the Thomson Reuters company, makes annual selections using a multi-phase process of peer nominations, independent research and attorney evaluations. It only recognizes 5 percent of attorneys in each state.

The Massachusetts Super Lawyers lists are published online and in the November issue of Boston Magazine. You can also read more about our attorneys here:


Marc L. Breakstone

breakstone_150.jpgAttorney Breakstone was selected for these 2015 lists: Top 100 Massachusetts Super Lawyers and Massachusetts Super Lawyers, Top Rated Medical Malpractice Attorney.

Attorney Breakstone has established a reputation as one of the top medical malpractice and personal injury lawyers in Massachusetts and New England. He has been selected to the Massachusetts Super Lawyers list for medical malpractice 12 years in a row, to the Top 100 Massachusetts Super Lawyers list nine times and to the Top 100 New England Super Lawyers list four times.

A graduate of Northeastern University School of Law, Attorney Breakstone has been practicing in Boston since 1986. He has represented clients who have been seriously injured by negligence, including in cases of wrongful death, medical malpractice, bus and truck accidents and propane gas explosions. Read his bio.


Attorney David W. White

david-150-2.jpgAttorney White was selected for these 2015 lists: Top 100 Massachusetts Super Lawyers and Massachusetts Super Lawyers, Top Rated Personal Injury – Plaintiff Attorney.

Attorney White is a Northeastern University School of Law graduate and has 30 years of experience representing victims of personal injury and insurance bad faith cases in Massachusetts. He is a past president of the Massachusetts Bar Association.

Attorney White has been named to the Massachusetts Super Lawyers list 12 years in a row. He has been included in the Top 100 Massachusetts Super Lawyers list seven times. He has also been named to the Top 100 New England Super Lawyers list three times.

White represents clients who have been seriously injured by car accidents, bicycle accidents, dog bites, product liability, construction accidents and other personal injury claims. Read his bio.


Attorney Ronald E. Gluck

gluck_150.jpgAttorney Gluck was named to these 2015 lists: Massachusetts Super Lawyers, Top Rated Personal Injury Attorney – Plaintiff Attorney and New England Super Lawyers, Personal Injury Attorney – Plaintiff Attorney.

Attorney Gluck has consistently been named to the Massachusetts Super Lawyers list each year since 2005. He is a graduate of Boston College and Case Western Reserve University School of Law. Over his career, he has represented clients who have been seriously injured in complex cases involving wrongful death, car and trucking accidents, bicycle accidents, motorcycle accidents, liquor liability and product liability.

After 9-11, he represented victims of the World Trade Center attacks. He has also served as an expert witness on behalf of the United States Justice Department. Read his bio.


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Boston News, Weather, Sports | FOX 25 | MyFoxBoston

As State Police investigate a weekend hit-and-run car crash in Foxborough, attorney Marc L. Breakstone spoke on behalf of his clients who were injured. Breakstone told The Boston Globe there is “overwhelming evidence” that his clients’ vehicle was struck by the Mercedes-Benz Mabach registered to ex-New England Patriots linebacker Brandon Spikes.

Breakstone, a personal injury attorney at Breakstone, White & Gluck in Boston, is representing the Billerica family who was struck in the early Sunday morning crash. The parents and child were taken to the hospital with minor injuries after their Nissan Murano was struck suddenly.

Breakstone said the car that struck his clients was likely traveling at least 80 to 85 miles per hour and that his clients never saw any headlights.

“It is an extraordinary act of negligence for one vehicle to strike another vehicle that’s traveling 60 miles an hour on the highway,” Breakstone told the Globe. “I suspect that whatever that driver was under the influence of is the reason that the driver left the scene.”

Around the same time, State Police were notified the 2011 Mercedes-Benz Maybach registered to Spikes had been abandoned nearby in the median strip of Interstate 495 in Foxborough. A Mercedes roadside assistance service operator contacted State Police, telling them the driver of the vehicle reported hitting a deer.

State Police say the investigation is ongoing and they have not established who was driving the Mercedes-Benz Maybach or whether the Maybach hit the other car.

Spikes was released by the Patriots on Monday. He played for the Patriots from 2010 through 2013, then joined the Buffalo Bills for the 2014 season. He had recently returned to the Patriots on a one-year deal which would have been worth up to $2 million.

Breakstone told the Globe his clients are working to move past the hit-and-run accident.

“They want their normal lives back,” he said. “They want their good health and their comfortable state of mind. … They’re alarmed, first, that they could have been killed. They’re alarmed that it may have been an NFL player behind the wheel, and they would just [prefer to] not be in the spotlight and just have a return to normalcy.”

Related Coverage:
Accident Blindsided Family, Lawyer Says, The Boston Herald.

Patriots release Brandon Spikes amid crash investigation, WCVB.

Police probing whether ex-Patriots linebacker Spikes’ car hit Billerica family’s, The Lowell Sun.

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Baby boomers are taking to the open road on motorcycles at greater rates than ever before and as they do, their personal injuries and fatalities resulting from motorcyle accidents are increasing.

The American Motorcyclist Association reports its average membership age is now 48. The Motorcycle Industry Council trade association, meanwhile, reports the average age of all motorcycle owners increased from 33 to 40 years old between 1998 and 2003.

motorcycle rider.jpgThe Massachusetts Department of Public Health reports the rate of motorcycle-related deaths and injuries in the state for riders between 55 and 64 quadrupled between 1998 and 2007.  Additionally, although nationally there was a decline in motorcycle related fatalities regardless of age, Massachusetts experienced an increase in fatal motorcycle crashes.

The state Department of Public Health is not the only one to notice a correlation between age and severity of injury.  Researchers at the University of Rochester Medical Center recently found that motorcyclists over the age of 40 sustained more serious personal injuries, spent more time in the hospital, and were up to twice as likely to die from a motorcycle accident than riders under 40.

Dr. Mark Gestring, the lead author of the study and director of the trauma center, noticed older riders and more severe injuries in the emergency room.  His research team examined records in the National Trauma Databank and noted several disturbing trends:

  • Riders over 40 were 5% more likely than riders under 40 to require hospitalization in the intensive care unit.
  • Riders over 40 were more likely to suffer complications such as blood clots, pneumonia, or infections.

The Johns Hopkins Bloomberg School of Public Health found a 145% increase from 2000 to 2006 in death rates for motorcyclists over 65.

Doctors report that there are several factors accounting for the increased severity and fatality of injuries sustained by older riders.  First, older riders have less resilient skin, bones and blood vessels and cannot handle as much physical trauma as their younger counterparts.  Additionally, older riders come into the hospital with more preexisting heath problems and take more medications that can complicate injuries.

For more information, read this recent Boston Globe article about aging motorcyclists in Massachusetts.
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