Articles Tagged with “car accidents”

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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Woman hailing a rideshare driver in BostonA new report says Uber, Lyft and their drivers should move to fix auto recalls quickly. What actually happens is far different in many cases.

In New York and Seattle, one in every 6 rideshare vehicles registered for Uber and Lyft has an open safety recall on it, according to Consumer Reports. This means while a vehicle has been recalled, the driver continues to operate it and carry passengers without addressing the broken parts. Some of the recalls, such as those involving Takata airbags, have been associated with serious car accidents and injuries. Others involve defective seat belts or the potential for car fires or engine failure.

Consumer Reports reviewed safety records for 94,000 rideshare vehicles registered to Uber and Lyft in New York City and King County, Washington, where Seattle is located. Some drivers work for more than one company, so the consumer website grouped them together and also included some data for smaller competitors.

Consumer Reports called for stronger safety recall laws and says rideshare vehicle defects should be repaired promptly to protect the public from car accidents and injuries.

When shown the data, Uber’s response was that it “encourages and reminds” drivers to have recalls fixed. The company said it blocks certain vehicles from using its platform if there is a “DO NOT DRIVE” warning from the manufacturer or the National Highway Traffic Safety Administration (NHTSA). Uber also participates in the NHTSA’s twice-a-year campaign to raise awareness about addressing auto recalls.

Lyft’s response was rideshare drivers, by using their personal vehicles, are representing that their cars meet safety standards. It went on to say drivers have a “strong personal incentive” to repair their vehicles since they are used for work and in their personal lives, “driving their kids to school or friends around town.” The company said it works with lawmakers, regulators and local officials to develop safety regulations.

Safety Tips for Rideshare Passengers

Use an App to Check For Recalls

Consumer Reports suggests consumers check for auto recalls using the myCarfax app. Once you book your Uber or Lyft, you will receive the vehicle’s license plate. Type that number into myCarfax to check if the car has a safety recall.

Avoid the Front Seat

You can also avoid the front passenger seat. Rideshare drivers may still be operating with defective Takata airbags. Takata and auto manufacturers have spent years recalling millions of airbags because they have the potential to explode and cause traumatic and deadly injuries. Around the world, 24 people have been killed and hundreds of people have suffered injuries.

The Takata recall repairs have been slow at times. The NHTSA has announced the recalls in increments and there have been delays in delivering new airbags to local car dealers at times. But rideshare drivers and the companies have a greater responsibility to address safety recalls because they provide transportation to the public.

Monitor the Model Year of Your Uber

Consumer Reports observed a number of Lyft and Uber vehicles operating even though they didn’t meet the vehicle age requirements set by the rideshare companies or states and cities. This isn’t exactly an auto part recall, but it is closely related. Cars should have expiration dates. An aging vehicle can put rideshare passengers at risk.

The next time you are in a Lyft vehicle, remember the company requires Massachusetts drivers to use vehicles which are 2003 or newer; vehicles should be 2004 or newer on Cape Cod, Springfield and Worcester. Read the Lyft application checklist. As for Uber, the company requires vehicles to be 15 years or newer. Read the Uber vehicle requirements. 

Report Any Safety Issues

If you use a rideshare vehicle and observe safety risks, take a photo and report your concern to the rideshare company or local police.

About Breakstone, White & Gluck

With more than 100 years combined experience, our Boston personal injury lawyers specialize in representing individuals who have suffered catastrophic injuries in car crashes, commercial truck collisions and Uber and Lyft accidents. Breakstone, White & Gluck is experienced at filing successful claims against both the major rideshare companies.

Learn your legal rights if you have been injured. Call our law office for a free legal consultation today: toll-free 800-379-1244 or 617-723-7676 or use our contact form.

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School bus with stop sign and lights

With students back to school in Massachusetts, local police departments are stressing safety around school buses while stepping up enforcement of drivers who fail to stop for pedestrians in crosswalks.

If a traffic enforcement sting came to your community, how many drivers would be stopped and cited for unsafe driving? Would you be among them?

We ask these questions as students head back to school across Massachusetts, in communities from Boston and Cambridge to Plymouth and Brockton to Worcester and Springfield.

Police departments across the state have set up traffic enforcement over the past few weeks, focusing on drivers who are not stopping for pedestrians in crosswalks and school buses. A few of the communities include New Bedford, Attleboro and South Boston.

In South Boston, the surveillance followed the tragic death of a 2-year-old in a traffic crash. The child was being pushed in a stroller on the sidewalk, when a van and car collided. The van plowed onto the sidewalk, injuring and ultimately killing the young boy. A day after the crash, the Boston Police Department and Massachusetts State Police set up a traffic enforcement initiative focusing on crosswalk enforcement, speeding and other unsafe driving behaviors. Within a few days, officers had issued approximately 500 citations for traffic violations. This is a very telling number, one Massachusetts drivers can’t ignore.

Breakstone, White & Gluck is a Boston law firm which specializes in personal injury, medical malpractice and car accident cases. Our firm is committed to safety for children, giving away over 20,000 bicycle helmets to children in Massachusetts through our Project KidSafe campaign. With experience representing clients who have been injured in pedestrian crosswalk accidents and other traffic crashes, we offer these tips for safe driving:

Slow down at crosswalks. Students who walk to school may have a crossing guard help them across the street. Always slow down as you approach crossing guards and children. Make eye contact with the crossing guard and assume you should stop. The crossing guard will wave you through when it’s safe to go.

But even when there is no crossing guard, drivers must stop for pedestrians in the crosswalk when there is a “Walk” or green signal. Other times, drivers have a responsibility to yield the right of way by slowing or stopping for pedestrians in the crosswalk. This includes times when pedestrians are in the crosswalk on the same side as the driver and when pedestrians are approaching from the other half of the lane and within 10 feet. There is a $200 fine for crosswalk violations in Massachusetts.

The best thing to do is approach crosswalks slowly and stop if you see anyone even near the entrance of the crosswalk. If you can, make eye contact with them, then wave for them to go. Depending on whether other cars stop, they may not be able to immediately cross. You may need to be patient for a few moments.

M.G.L. c.89 § 11 is the law governing pedestrian rights in crosswalks in Massachusetts. Read more about the law.

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Cyclist after a hit and run crashNational Bike Month is a time to celebrate and champion cycling. If you live in Massachusetts, you know the cycling spirit is stronger than ever. But that doesn’t mean conditions are always safe.

In fact, cyclists and pedestrians are at a higher risk now than ever. The National Highway Traffic Safety Administration reports cycling deaths increased 11 percent from 2015 to 2016. Pedestrian deaths rose 9 percent. The AAA Foundation for Traffic Safety recently weighed in with a report on hit and run crashes. The numbers show the toll on pedestrians and cyclists, as well as others on the road.

Attorney Reza Breakstone of Breakstone, White & Gluck in Boston.

Attorney Reza Breakstone of Breakstone, White & Gluck in Boston.

A self-driving Uber vehicle has been involved in a fatal pedestrian crash in Arizona. Attorney Reza Breakstone’s article explores liability when self-driving cars crash: https://tinyurl.com/y8qrfs69.

Attorney David W. White of Boston

Attorney David W. White specializes in personal injury and product liability cases at Breakstone, White & Gluck of Boston.

Ford drivers are gripping the steering wheel anxiously after the automaker’s stunning safety recall this week. 1.4 million Ford vehicles have been recalled because the bolts on the steering wheels can become loose. Ford will repair the vehicles, but not until the end of April at least.

“This recall is very upsetting,” said Attorney David W. White of Breakstone, White & Gluck. “Nothing is more basic to a car than a steering wheel. Automakers have a responsibility to fully test vehicles and all equipment before bringing them to market. They continue to fail drivers.”

Drowsy Driving

A new study shows college students are engaging in drowsy driving and do not consider it to be as dangerous as texting while driving and operating under the influence.

As a parent, you have probably talked to your college student about the risks of drunk driving and texting while driving on many occasions. What about drowsy driving? A new study reports college students are not taking this risk as seriously – even as drowsy driving causes an estimated 300,000 traffic crashes each year in the U.S.

The study was published in the February edition of the journal Sleep Health. Researchers conducted four focus groups involving 26 undergraduate students in 2016. Students were asked about their driving behaviors and perceptions about dangerous driving.

Most of the students considered themselves safe drivers, yet they viewed drowsy driving as less risky than operating under the influence of alcohol and distracted driving. Students actually said drowsy driving was “normal” and an “unavoidable part of their lives.” They admitted to drowsy driving in the past. Whether as a driver or passenger, many had actually been in some way involved in a drowsy driving car crash or near accident. In most cases, students were driving alone in the early morning or at night.

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textingincar-c-300Here is another reason for Massachusetts and other states to consider passing laws which ban handheld cell phone use by drivers. A new study reports one in four drivers who crashed was using a cell phone within the previous minute. Cambridge Mobile Telematics released the study last week to coincide with April’s Distracted Driving Awareness Month.

Our country needs a reminder this year. Motor vehicle accident deaths are on the rise, as the National Safety Council reported nearly 40,000 deaths in traffic crashes last year. In fact, the period from 2014 to 2016 saw the largest two-year increase in more than 50 years.

Meanwhile, this year has already seen hundreds of deaths across the U.S. Just last month came a horrific accident in Texas. A driver in Uvalde County, who was texting while driving his pick-up truck, crashed into a church bus, killing 13 people. Texas is one of 5 states which do not ban texting while driving.

Boston Attorney Marc BreakstoneAttorney Marc L. Breakstone was quoted as a legal expert in a Boston Herald article titled “In Driver’s Seat With Insurance” (March 31, 2017). NuTonomy, the self-driving car company now testing its hands-free technology in Boston, has taken out a $5 million insurance policy to guard against lawsuits. Earlier this month, a self-driving Uber vehicle was involved in a car accident in Tempe, Arizona. Police found the Uber vehicle was traveling at 38 mph, below the speed limit, when the collision occurred and was not at fault. While there were no serious injuries, the accident has raised concerns.

Attorney Breakstone was asked whether the City of Boston could be held liable if there is an accident involving NuTonomy. He said no, but read his full answer.

Attorney Reza Breakstone has written on the topic of self-driving cars and the legal questions they raise. In 2016, he co-wrote an article titled, “The Self Driving Car: Science Fiction Becomes Reality, Creating a Legal Quandary,” for The Litigator, the official publication of the Capital City Trial Lawyers Association in Sacramento, California.

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Driving on U.S. roads became more dangerous in 2016. Preliminary data from the National Safety Council shows more than 40,000 people died in motor vehicle crashes last year, a 6 percent increase from 2015.

  • This was the first year more than 40,000 people have died in traffic accidents since 2007.
  • According to The New York Times, 2015 and 2016 saw a 14 percent increase in traffic deaths, the largest two-year increase in more than half a century.