Articles Tagged with “Boston personal injury lawyer”

Red light crashes

Drivers who run red lights are causing a record number of deaths in Massachusetts and across the U.S., according to a new study.

While red means stop, we have all seen cars speed on, especially if you live in Boston. Our attorneys have represented countless clients who have been seriously injured or killed by another driver’s recklessness at intersections. Now, a new study reports running a red light is causing a record number of traffic fatalities across the United States. From AAA’s Foundation for Traffic Safety:

  • Red light running crashes have reached a 10-year high in the U.S.
  • 939 people were killed when drivers sped through red lights in 2017, a 28 percent increase over 2012.
  • More than a quarter of all intersection accidents happen because drivers run red lights.
  • Nearly half of those injured in red light crashes were passengers or occupants of other vehicles. Pedestrians and cyclists accounted for more than 5 percent of fatalities.
  • Over 35 percent of traffic deaths were red light running drivers themselves.
  • 85 percent of drivers consider it very dangerous to run a red light, yet one in three reported speeding through one in the past 30 days, according to AAA Foundation’s Traffic Safety Culture Index.
  • On the same note, nearly half (more than 2 out of 5 drivers) found it unlikely that they would ever be stopped by law enforcement.
  • Despite these responses, running a red light can have serious consequences, resulting in a possible insurance surcharge or criminal charges.

AAA officials count Americans driving more and distracted driving as two causes. Meanwhile, the Federal Highway Administration reports more than 50 percent of fatal and injury crashes in the U.S. happen at or near an intersection.

Massachusetts Red Light Accidents

Red light crashes are a danger at Massachusetts intersections. From 2008 to 2017, Massachusetts lost 43 people when drivers ran red lights, according to Wicked Local. These deaths are just the drivers who were caught and are in addition to other injuries.

Safety Recommendations: Roundabouts and Traffic Cameras

AAA officials say roundabouts and traffic cameras could reduce the number of crashes. Massachusetts is actively working to convert rotaries into roundabouts, which are considered safer because they force drivers into the correct lanes. However, with more than 100 rotaries across Massachusetts, change will take time.

There is long-standing opposition to traffic cameras at Massachusetts intersections, even as AAA says traffic cameras have reduced fatal red light running crashes by 21 percent in large cities. Overall, traffic cameras have contributed to a 14 percent reduction in all fatal crashes at signalized intersections.

Unlike some states, Massachusetts does not have a state law permitting use on local intersections. While MassDOT operates traffic cameras along the MassPike, there is a battle over local intersections.

More than a decade ago, several Massachusetts communities attempted to pass ordinances allowing for red light cameras, among them Saugus, Lawrence and Springfield. South of Boston, Brockton also approved a local traffic camera ordinance. Traffic cameras were never installed. Citing privacy concerns, state lawmakers declined to pass the legislation necessary for these local ordinances to stand. Now years later, there are state lawmakers interested in similar legislation, so we may be revisiting the debate at some point. Here is one lawmaker’s blog.

Across state lines, you may find traffic cameras at red lights in Rhode Island, along with 19 other states. Rhode Island, however, does not have a state authorizing the use of speed cameras (Source: Governors Highway Safety Association).

AAA only recommends traffic cameras at intersections with demonstrated patterns of red light violations or high crash rates. Cameras should be part of broader traffic safety programs and drivers should be notified through signage and other methods.

Reducing Red Light Accidents in Massachusetts
Drivers have a responsibility to operate with care and pass other vehicles, cyclists and pedestrians at a safe distance in Boston and every other community in Massachusetts.

The Boston area commute is stressful. Leaving your home a few minutes earlier was once an effective way to beat the traffic. Unfortunately, as traffic congestion has grown, you now have to leave even earlier in many Massachusetts communities and that isn’t always enough to beat the 2-3 hour commutes. But even in these conditions, practicing patience and putting down your cell phone are paramount to preventing red light crashes and distracted driving accidents causing injury or death. Always watch for pedestrians and cyclists, maintaining a safe distance at all times and taking extra care when approaching crosswalks and bike lanes. Remember you may not be able to see a pedestrian until that moment they step onto the road.

Free Legal Consultation – Boston Car Accident Lawyers

Breakstone, White & Gluck has been recognized for our superior results for clients. Founded in 1992, our law firm specializes in representing those who have been injured due to the negligence and wrongdoing of others. We specialize in handling cases involving car accidents and truck crashes in Boston, Cambridge, the South Shore, the North Shore and across Massachusetts. If you have been injured, learn your rights. Contact our firm for a free legal consultation: 800-379-1244 or 617-723-7676 or use our contact form.

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Mother and child in a swimming poolEach year, families head into summer, hoping for fun in Massachusetts. No one expects tragedy in the backyard swimming pool. But each year, children suffer drownings and near drownings. Drowning is a leading cause of death among young children in Massachusetts and across the U.S. Young children ages 1 to 4 face the highest risk, followed by older children and teens between the ages 10 and 19, according to the American Academy of Pediatrics (AAP).

Breakstone, White & Gluck, a Boston personal injury law firm, encourages parents and property owners to prepare for the swim season. By acting now, before the temperature rises, property owners and parents can minimize the risk of drowning and injury this summer.

For Pool Owners

Secure Pool Fencing
Pool owners have a responsibility to secure their pools with a strong durable fence. This is your legal responsibility and one of the most important steps you can take to prevent a child from a swimming pool drowning. The Consumer Product Safety Commission recommends pool owners install a four-sided fence with a self-closing latch around all pools and spas. The fence must be at least 4 feet tall in Massachusetts and must meet certain requirements for vertical clearance and width for fence openings. Read our past blog on pool fencing  or check out this guide on a local community’s website.

If you own a pool, consider adding some additional fencing, shrubs or a planter – or several blocking access to your pool door and fence. This is called a “layers of protection” strategy and the goal is to slow children down so an adult can intervene.

Inspect Your Pool Regularly
Make it a habit to walk outside and inspect your pool daily during the summer months.

Pool Alarms
Consider purchasing a pool alarm to monitor your pool area. There are different types of alarms so do your research and select the best for your needs. But remember, a pool alarm is a supplement to your strong fencing and regularly inspecting your pool. 

Drains
Pool owners should regularly maintain drain systems and ensure they work properly. Spas should be covered and locked when out of use. Children should never wear loose accessories into the pool.

For Parents

Swimming Lessons
Parents who sign children up for swim lessons give them an advantage. Formal swimming lessons reduce the likelihood of childhood drowning by 88 percent, according to the USA Swimming Foundation. The American Academy of Pediatrics advises that swim lessons are beneficial for children around age 1 and older.

Supervision: Always Watch and Avoid Distractions
Parents should swim with younger children, practicing “touch supervision.” Keep them within your reach at all times on the shallow end. Even if you are not in the pool with them, still closely watch other children and teens carefully at all times.

Keep conversation with other adults at a minimum when watching children swim. Also set aside all distractions, such as cell phones. It takes much longer than you may realize to “quickly” check your cell phone, e-mail or social media accounts. In that time, a child could drown right in front of you, quickly and silently struggling.

If you are a pool owner and have guests over, be just as vigilant in watching children swim. Try inviting over small groups – just a child or two – to enjoy your pool to keep the visit manageable.

Supervision: The Danger of “Non-Swim Time”
Learn more about the dangers of “non-swim time.” Bode Miller and his wife Morgan have recently discussed this and it’s an important term for both parents and pool owners.

The Millers tragically lost their 19-month-old daughter last year when she drowned in a neighbor’s backyard swimming pool. The child had been in the house with her mother, siblings and other adults.

”Without it being an actual swim time, my awareness and my intensity around protecting her from water was let down,” Morgan Miller said in an interview posted on the American Academy of Pediatrics (AAP) YouTube channel. 

The Millers also recorded this public service announcement for the AAP.

About Breakstone, White & Gluck
Breakstone, White & Gluck is a Boston personal injury law firm. We are committed to promoting safety for children and families through our Project KidSafe campaign. We encourage parents and caretakers to supervise children by the pool and near pools this summer. We also remind property owners that they have a legal responsibility to keep a safe pool area so no one is injured. Learn more about Breakstone, White & Gluck on our website.

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Attorney Marc L. Breakstone recently authored an article which appears in the May 2019 edition of MATA Journal. The journal is published by the Massachusetts Academy of Trial Attorneys.


Assessing bias in voir dire after ‘Williams’

By Marc L. Breakstone

Attorney Marc L. Breakstone

Attorney Marc L. Breakstone

The recent Supreme Judicial Court decision in Commonwealth v. Williams, 481 Mass. 443 (2019), generated quite a buzz on the MATA Listserv. Members questioned the significance of the decision, which analyzes how a potential juror should be screened for impartiality.

The opinion suggests that, regardless of the biased opinions or beliefs expressed by a potential juror during voir dire, the juror could be deemed impartial as long as the juror pledges to either set aside or disregard their opinion, to commit to deciding the case on the evidence and to follow the court’s instructions.

Williams meticulously analyzes how trial judges should determine impartiality when a prospective juror expresses potentially interfering bias during jury selection. The majority begins with the acknowledgment that “[o]ur jurisprudence regarding how to assess beliefs or opinions expressed by prospective jurors during voir dire has been less than clear.” The opinion then promises to “set forth factors that a judge should consider when a prospective juror discloses a belief or opinion based on his or her world view.” Clarity on these important subjects is what every trial lawyer seeks.

Unfortunately, Williams raises more questions than it answers. The defendant in Williams was charged with possession with intent to distribute a class B substance. During jury selection, a prospective juror raised her hand in response to a question whether there was “anything about the subject matter or your views about the subject matter that would affect your ability to be fair and impartial in deciding the case?”

During judge-conducted voir dire, the juror stated a belief that the criminal justice system is rigged against young African American males. When asked by the judge if she could put aside that opinion and bias, the juror stated she did not think she could put it aside.

Continue reading this article in the MATA Journal. The article begins on page 2.


Attorney Marc L. Breakstone

Attorney Marc L. Breakstone has practiced law in Boston for more than 30 years and focuses on the representation of plaintiffs in personal injury and medical malpractice cases. He has long advocated for expanded attorney participation in voir dire in Massachusetts.

About Breakstone, White & Gluck

The Boston personal injury lawyers at Breakstone, White & Gluck have over 100 years combined experience representing clients who have been injured by the negligence and wrongdoing of others in Massachusetts. If you have been injured or have lost a loved one, it is critical to learn your rights. For a free legal consultation, contact our attorneys at 800-379-1244 or 617-723-7676 or use our contact form.

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Breakstone, White & Gluck was pleased to support MassBike’s Light Brigade 2018, which delivered bike lights to cyclists who needed a set so they can be visible to drivers. All Photos: Courtesy of MassBike Light Brigade 2018 Facebook Photo Album

massbike-4-1200We want to say job well done to MassBike for helping cyclists ride safely at night in Massachusetts. Over the past few weeks, MassBike has been distributing bike lights to cyclists from near and far, shining a light on the importance of staying visible during these dark days of winter.

Under Massachusetts law, cyclists are required to use bike lights from 30 minutes after sunset until 30 minutes before sunrise.  The front of the bike must be equipped with a white light (visible at least 500 feet away), with a red light or reflector on the back.  Drivers must be able to see the rear light from at least 600 feet away.

MassBike is committed to getting lights to cyclists, reaching across 90 miles with this year’s campaign. Volunteers have given out lights in Boston, including in the Allston, Jamaica Plain and Charlestown neighborhoods and nearby: Cambridge, Lynn, Newton and Needham. Further west, cyclists in Northampton, Holyoke and Worcester also received lights. We’re told there may be more stops.

Breakstone, White & Gluck was a sponsor of MassBike’s campaign in 2017 and 2018. Other sponsors of the MassBike’s 2018 Light Brigade include Digital Lumens, Cycle Massachusetts and Charles River Wheelers.

More questions about Massachusetts bicycle laws? Read our article, “Quick Facts About Massachusetts Bicycle Laws.”

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Photos: Courtesy of MassBike Light Brigade 2018 Facebook Photo Album

About Breakstone, White & Gluck

With more than 100 years combined experience, Breakstone, White & Gluck is a Boston law firm specializing in personal injury and medical malpractice cases. Our partners founded our firm in 1992 and we have supported bicycle safety the entire way. For more than 20 years, we have sponsored bicycle clubs and organizations in the Boston area (and in some cases, ridden along the way; one of our partners is also a cyclist).

In 2013, our attorneys launched our Project KidSafe campaign, which has now given away more than 20,000 bicycle helmets across Massachusetts. Along the way, we have proudly worked with over 40 community organizations, including Massachusetts Safe Routes to School, more than a dozen police departments and bicycle committees in Milton, Westborough and Framingham. In 2017, we were recognized as a Silver Level Bicycle Friendly Business by the American League of Bicyclists.

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After a Massachusetts restaurant's food poisoning outbreak, friends eat a meal which has been safely prepared.

A food poisoning outbreak has closed a Massachusetts restaurant in the middle of the summer season, raising concerns for diners.

A North Reading restaurant has been closed indefinitely after 39 diners filed complaints related to a salmonella outbreak. The source may be the antipasto salad, but the local board of health is still investigating.

The North Reading Board of Health shutdown Kitty’s Restaurant on Main Street on July 3. The board investigated the food poisoning, which may have initially occurred on June 23. After a thorough cleaning, the restaurant was allowed to re-open – though not for long. The restaurant has been closed again following a new report, this time from a June 25th visit.

swimming poolYour swimming pool is your backyard oasis, a fun and refreshing place to beat the heat. To keep children and others safe this summer, we urge Massachusetts property owners to secure and properly maintain pools at all times. Take these steps now to help prevent injuries and drownings:

Secure your pool. In Massachusetts, pool owners are required to have fencing which stands at least 48 inches tall. Openings in the fence must be less than 4 inches in diameter. All doors to pool areas must have self-latching and self-closing devices. Homes with doors which open into the pool area must use pool alarms.

Walk around your pool fence now to look for areas which have been damaged. Make repairs right away.

Boston Attorney Ronald E. Gluck specializes in personal injury cases.

Attorney Ronald E. Gluck was interviewed by Boston Magazine about the truck crash that killed his client, the late Dr. Anita Kurmann. Gluck said he had to wait 20 months after the truck’s collision with the cyclist to obtain the video surveillance from the Boston Police Department. While the Boston Police Department found the truck driver was not responsible, Gluck said his investigation found the truck driver caused his client’s death. Gluck negotiated a financial settlement with the truck driver and his insurance company on behalf of Kurmann’s estate in June 2017.

Attorney Ronald E. Gluck is speaking about the video footage of the 2015 truck crash that killed his client, Dr. Anita Kurmann.

Twenty months after the fatality occurred, the Boston Police Department completed its investigation and concluded that the truck driver was not responsible for the cyclist’s death. The video footage, which came from a traffic camera at the intersection where the tragedy occurred, was in the hands of the police the day the incident occurred.  Yet, the Kurmann family and their attorney had to wait twenty months to see the video and to obtain any witness information from the police department, Gluck said.  Multiple subpoenas sent to the police were met with a refusal to produce the information until the police concluded it investigation.

Football on a field and football players in backgroundProfessional football players face a high risk for concussions, far greater than most of us. But Rob Gronkowski’s concussion a few weeks ago was a reminder that concussions can happen when we least expect them, even in the middle of a big game. And when they do, the game must stop.

Much has changed over the past decade, as hundreds of former NFL players have sued over head injuries. Every state now has a concussion protocol for student athletes. In Massachusetts, students, coaches and parents are now trained to recognize concussion symptoms and how to respond. But others should also be aware of the risks. Beyond the playing field, concussions can happen in car accidents, construction accidents, falls and other situations.

Concussions are a mild Traumatic Brain Injury (TBI) which are often caused by an impact to the head. Concussions can be hard to recognize at first, with some initial symptoms mirroring the flu.

hoverboardWe saw the worst that can happen last week in Harrisburg, PA when a hoverboard caught on fire in a family’s home, claiming the life of a three-year-old child.

The hoverboard reportedly ignited while charging, destroying the home. The three-year-old girl died at a local hospital and two other girls were left in critical condition. The girl’s father and a teenage boy were treated for smoke inhalation.

This tragedy was compounded by another death; a local firefighter was reportedly killed in a motor vehicle accident while driving to the fire, the victim of an alleged drunk driver who now faces charges.

Britax stroller which was recalled in February 2017As Spring approaches, parents will be reaching for outdoor toys and children’s equipment. Baby strollers are one of the first products to come out.

Before you use a stroller, check for loose or worn parts. Then find out if the stroller has been subject to a product recall or caused injury. You can check online now on the Consumer Product Safety Commission website.

Baby Stroller Recalls. We started with baby strollers because there have been several baby strollers recalled in the past year, including Britax, Aria Child and Phil & Teds strollers. Britax has actually issued two sets of recalls over the past 15 months, one for 60,000 strollers in January 2016 and another for more than 700,000 strollers in February 2017.