Articles Tagged with Massachusetts

Child near a dog, a delicate situation because dogs cause many severe and fatal injuries to children in Massachusetts.Research published in the Journal of Pediatrics reports a 3x increase in children seeking care for dog bite injuries at a Colorado hospital during the pandemic. The researchers noted that this trend likely spread beyond this one hospital.

In January 2019, the hospital reported 3 dog bite injuries per 1,000 ER visits. Over April and May of 2019, the rate increased. In July 2019, the rate reached a peak of 7 dog bite injuries per 1,000 ER visits.

Fast forward to January 2020, which also saw 3 dog bite injuries per 1,000 ER visits – same as the previous January. By May 2020, there were about 13 dog bite injuries per 1,000 ER visits. Dog bite injuries continued to rise after Colorado lifted its stay-at-home order that April.

A New York Times article attributed the rise in part to so-called pandemic puppies. Owners may not have planned to bring these pets home during 2020. In some cases, these were complete impulse decisions. Who expected to be home this long? Because of that, owners may not have been prepared to train and care for puppies. There was also decreased access to dog trainers.

Children had increased exposure to puppies during those shelter in place days. Children usually have more contact with dogs when finish school for the summer. Here, children began spending more time with dogs in March of 2020. As children stayed home, parents struggled to balance home-schooling and their own jobs and may not have been supervising children near dogs as closely.

Dog bites are traumatic and can be life-threatening for young children. At Breakstone, White & Gluck, our personal injury lawyers know no one completely realizes how vicious a dog can be when it attacks. Training a dog is one step to help prevent a dog attack. Just as important is keeping a dog on a leash at all times. You never know what may trigger your dog to bite or attack. Even well behaved and calm dogs have unexpectedly attacked young children. One incident can be all it takes to change a child’s life forever.

A 2020 study shows just how important it is for parents or relatives to factor in a child’s age when bringing home a dog. Children under 11 were three times more likely than older children to be admitted to the hospital, according to the study, which was authored by a physician at UMass Memorial Medical School in Worcester. Younger children were also more likely to be admitted to the hospital.

Children age 1 through 10 were more likely to suffer open wounds to the head, neck and lower body. The study reviewed more than 6,300 hospital admissions from the Kids’ Inpatient Database during 2006, 2009 and 2012. One third of the patients had injuries so severe they required surgery.

Tips to Keep a Safe Dog After COVID-19

If you have a dog, we suggest the following tips to protect your children, family and neighbors from a dog bite injury:

  • Always keep your dog leashed and under control when you are outside your home.
  • Continue to limit guests to your home as COVID-19 restrictions get lifted.
  • Secure your dog when guests come over.
  • Do not leave your dog alone with your children or other children.
  • Be aware that younger children have a higher likelihood of injury to their neck or head.
  • Also be aware that many children suffer dog bites from their family pet or from pets they know well.
  • Train your dog and socialize them.
  • Consult your veterinarian or a dog trainer.
  • Walk your dog outside on a leash a few times a day so it can get some exercise.
  • Give your dog some personal attention each day.
  • Recognize that dogs may be more likely to bite when they are gathering or protecting belongings. This is called “resource guarding.”
  • Build a fence.

If you brought home a pandemic puppy, you have some planning to do since your dog has limited exposure to other people. Keep your dog on a leash when outside or when you have guests over. With all dogs, it is critical to ease your dog back into the social experience of being around guests at your home, including close friends and extended family members.

Building a fence in your backyard may also be a good spring project. A fence keeps your dog out of sight from your neighbors and their children. When children see a dog, they are more likely to want to approach and pet it. But as a dog owner, you must remember it’s devastating for a child to suffer a dog bite injury. The law on liability is also strict in Massachusetts. You can be held liable if your dog bites a young child, even if the child went onto your property without permission. The law recognizes that young children may not realize they are stepping toward danger. Your dog doesn’t have to have a history of dog bites or attacks for you to be held liable.

Free Legal Consultation – Boston Dog Bite Attorneys

If you have been injured by a dog or want to learn more about Massachusetts law concerning a dog owner’s responsibilities, visit our website. Each of our partners has more than 30 years of experience representing children and others injured by dog bites and dog attacks. We are here to advise you on your rights for seeking compensation for your child or yourself.

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

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Uber app on a cell phone

The Massachusetts Supreme Judicial Court has ruled Uber did not provide users with reasonable notice of its terms and conditions.

Have you ever signed up for a rideshare app and been frustrated to see the extensive terms and conditions – all on your small cell phone screen? Just what are you agreeing to?

You are not alone. Now, the Supreme Judicial Court of Massachusetts has found Uber failed to provide reasonable notice of its terms and conditions to users. A Massachusetts man and a family member filed a discrimination lawsuit against Uber in 2016, then were compelled into arbitration with the rideshare company based on the app’s terms and conditions.

But on Monday, the Supreme Judicial Court ruled there was no enforceable arbitration agreement between Uber and the plaintiffs in Christopher P. Kauders & another vs. Uber Technologies, Inc. The Supreme Judicial Court remanded the case back to Superior Court.

The Court reviewed Uber’s complicated registration process, noting app users could easily bypass the initial screens, but the process grew much more cumbersome as the consumer approached the terms and conditions and privacy policy.

The Court wrote certain terms and conditions were extensive and far reaching and, “may literally require an individual user to sign his or her life away, as Uber may not be liable if something happened to the user during one of the rides.”

Facts

In 2016, the plaintiffs filed a civil lawsuit against Uber in Suffolk Superior Court, claiming that Uber had discriminated against them in violation of M.G. L. c. 272, § 98A. This statute prohibits discrimination against anyone who is blind, deaf or has another physical handicap and is accompanied by a guide dog in Massachusetts. One of the plaintiffs was blind and claimed three Uber drivers had refused him service in 2015 and 2016.

Citing a provision in its terms and conditions, Uber moved for arbitration against the plaintiffs’ opposition. On June 4, 2018, the arbitrator issued a ruling finding that Uber was not liable for the discriminatory acts of the drivers, who are independent contractors.

Then, on June 25, 2018, a decision came in the case of Cullinane vs. Uber Techs, Inc. The United States Court of Appeals for the First Circuit ruled that Uber’s registration process did not create a contract because app users did not have reasonable notice of the terms and conditions.

Users Not Given Reasonable Notice of Terms and Conditions

In Kauders, the Massachusetts Supreme Judicial Court wrote that Uber writes terms which are extremely favorable to the company and does not give users “reasonable notice” of the terms and conditions.

The Court concluded, “Uber’s terms and conditions did not constitute a contract with the plaintiffs. The app’s registration process did not provide users with reasonable notice of the terms and conditions and did not obtain a clear manifestation of assent to the terms, both of which could have been easily achieved.”

Another problem, the Court wrote, is Uber can amend the terms and conditions whenever it wants without consent from users. The burden is on the consumer to keep checking and there is no way for the consumer to object.

In response to the decision, an Uber spokeswoman told The Boston Globe the company  had already modified its application forms in a way that should comply with the Court’s reasoning.

What if You Are Injured in a Rideshare Accident?

Rideshare companies have worked to limit their liability in many areas. However, those injured in rideshare car accidents in Massachusetts still have the right to pursue financial compensation for their injuries.  In 2016, Massachusetts passed legislation to regulate Uber, Lyft, and other transportation network companies. Under the legislation, drivers must carry an adequate level of auto insurance while working for a rideshare company.

Rideshare accidents can happen and injure passengers, but also drivers of other vehicles and their passengers, as well as pedestrians and cyclists. If you have been injured, it is important to document whether a driver was operating a rideshare vehicle for work or personal use at the time of the crash.

This may be important because rideshare drivers are required to have additional coverage when logged onto the transportation company’s digital network or while the driver is engaged in a pre-arranged ride in Massachusetts.

In the News

Watch Attorney David W. White speak to NBC Boston about complicated rideshare app agreements in 2019:

Boston Car Accident Lawyers – Breakstone, White & Gluck

Breakstone, White & Gluck specializes in the handling of personal injury cases in Massachusetts and has been consistently recognized for our results, including as Top 100 New England Super Lawyers and Top 100 Massachusetts Super Lawyers.

If you have been injured in a car accident or a rideshare accident, learn your legal rights. It is in your best interest to consult a Boston car accident attorney before signing any documentation or speaking to the driver’s insurance company.

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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View from Inman Square, Cambridge

View from Inman Square, Cambridge, once ranked the top bike crash site in Massachusetts, according to MassDOT crash data. Photo: 2017, after installation of new bike lanes.

With strong encouragement from local cyclists, the Cambridge City Council voted to expand and update the Cambridge Cycling Safety Ordinance this week. The council approved the original ordinance last year, drawing national attention with an ambitious commitment to build 20 miles of protected bike lanes.

But cyclists felt there was more work to do. They recently asked the Cambridge City Council to prioritize areas for protected bike lane development, add new roads and establish a deadline for improvements.

  • The Cambridge City Council approved a May 1, 2026 deadline for building out Cambridge’s network of protected bike lanes (now 22.6 miles), using either permanent construction or quick-build approaches (Source: Cambridge Bicycle Safety announcement dated October 6, 2020).
  • Protected bike lanes will also be added in more areas, including Broadway, between Harvard University and Kendall Square, and Garden Street, according to according to StreetsBlog Mass.
  • City councilors also voted to prioritize bike lane development in the area north of Harvard Square, directing city staff to develop a detailed plan by May 2021. Hampshire and Cambridge streets, near Inman Square, will also now move up on the work list (Source: StreetsBlog Mass).

The vote comes several weeks after a cyclist was killed in Harvard Square. In August, a large tractor-trailer struck and killed the male cyclist on Massachusetts Avenue, near Brattle Street. Just a year ago, in September 2019, another bicycle accident resulted in a female cyclist’s death in the area.  A devastated family member later wrote a guest column in a local newspaper, urging the city to make safety improvements in Harvard Square.

The City of Cambridge has been studying traffic in congested Harvard Square. After the cyclist’s death in August, a city official stated Cambridge will add a separated bike lane and reduce travel lanes on Massachusetts Avenue, between the Harvard Square Kiosk and Harvard Square (Source: The Boston Herald, August 26, 2020).

Harvard Square is known for historic buildings and iconic shops, such as The Coop, the Harvard University bookstore. Adjacent to Harvard Yard and Harvard University, the square is located at the intersection of Massachusetts Avenue, Brattle Street and John F. Kennedy Street. The MBTA red line stops there and pedestrians and cyclists are in close proximity to motor vehicle traffic, buses and trucks.

Other Cambridge Bicycle Accidents

The Cambridge Bicycle Safety, a volunteer group, has led the effort for expanding protected bike lanes across the city. Its announcement noted this was the first mandatory timeline for building a bike lane network in the United States.

Safety is a leading concern for cyclists in Cambridge. Between residents and commuters, Cambridge has a high number of cyclists. When cyclists have been injured or killed in traffic accidents, many people have felt the impact. There has been a strong response in each case.

In June 2016, a 27-year-old cyclist was tragically hit and killed in a bicycle crash in Inman Square. The woman was struck by a Jeep Cherokee’s open door, then pushed into the travel lane, where she was ultimately struck by a moving dump truck, according to Wicked Local Cambridge. She was pronounced dead a short time later at Massachusetts General Hospital.

Then, in October 2016, a cyclist was fatally injured in Porter Square. The cyclist was struck by a tractor-trailer and a sedan during a morning ride. He was pronounced dead at the scene.

After these crashes, a Cambridge resident campaigned to encourage drivers to use the Dutch Reach method before exiting their vehicles. This method encourages drivers to take a full look at the road from their seat, so they do not risk “dooring” a cyclist.

As a result of his campaign, the state of Massachusetts added instruction on the Dutch Reach method to the state driver’s manual to educate drivers.

Free Legal Consultation – Boston and Cambridge Bicycle Accident Lawyers

Breakstone, White & Gluck is a Boston law firm which specializes in the representation of cyclists who have been injured by negligent drivers. Our attorneys offer more than 100 years combined experience handling all types of bicycle accidents, including truck crashes injuring cyclists, intersection bike accidents, right hook crashes and dooring. We help cyclists obtain compensation for recovery, including for medical care, lost wages and pain and suffering.

But our attorneys do more than represent cyclists. We are committed to improving safety for cyclists in the Boston area. We have long supported local cyclist clubs. And through our Project KidSafe campaign, we have donated 30,000 bicycle helmets to children across Massachusetts, including in partnership with the Cambridge Police Department. The League of American Bicyclists has honored us as a Silver-Level Bicycle Friendly Business.

If you have been injured, learn your legal rights. For a free legal consultation, call our Boston bicycle accident lawyers at 800-379-1244 or 617-723-7676. You can also use our contact form.

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Massachusetts Car AccidentAs employees work from home and schools offer remote learning, traffic volumes remain low across Massachusetts. This may mean less stressful driving at times. Yet it can also lead to an increased risk of car accidents caused by speeding.

Across Massachusetts, traffic volumes are 20 percent lower than last year at this time, according to a MassDOT presentation this month. In some areas, traffic is even lighter. For instance, in the City of Boston, traffic is down as much as 48 percent.

North of Boston, there is an 18 percent decrease in traffic right now, according to the presentation. South of Boston, there is a 19 percent drop in MassDOT District 5, which includes Plymouth County, Bristol County and the Cape and Island. West of Boston, the decreases range from 28 percent to 18 percent.

If you commute, a MassDOT official said there is no peak traffic hour right now. This is true during both the morning and the afternoon/evening commutes. There is a consistent bump in traffic during these times, but nothing near pre-COVID 19 traffic levels.

An easier drive into Boston would be welcome news if not for COVID-19.

Boston is known for traffic gridlock. Many publications and websites have ranked the city’s driving experience among the worst in the U.S. Most recently, we earned a new honor, when WalletHub ranked Boston the 83rd worst of 100 driving cities.

According to the survey, Boston drivers log the most hours sitting in traffic congestion each year, along with drivers in New York City, Chicago, Philadelphia and Washington D.C. The rankings also noted Boston drivers are more likely to have a car accident than those in other cities.

Boston was ranked among the top 5 cities where drivers were most likely to have a traffic crash. This list also included the California cities of Oakland and Los Angeles, Washington D.C. and Baltimore, Maryland.

Speeding Accidents

Right now, there are fewer cars on the road. This may sound safer.

But NECN recently reported on the dangerous trend of drivers speeding into open roads. In Iowa, the state patrol recorded a 101 percent increase in drivers speeding 100+ mph from January through August. There was also a 75 percent increase in tickets for drivers who were traveling 25 mph or more over the speed limit.

In California, the highway patrol issued more than 15,000 tickets from mid-March through August 19 for speeding over 100 mph. This was a 100 percent increase over the same period in 2019.

Then, there is Ohio. Between April and September, state troopers issued 2,200 tickets to drivers traveling more than 100 mph between April and September. This marked a 61 percent increase from the same time last year. The highest speed was a stunning 147 mph.

Speeding can cause serious and fatal injuries, even when traffic is light. In April, there were 28 deaths, compared to 27 in April 2019 – despite half the traffic.

Like other states, Massachusetts has seen an alarming number of drivers cited for speeding. In March and April alone, Massachusetts police issued 15,071 speeding citations, including 259 drivers traveling at 100 miles or more, according to a Boston Herald report.

Police cited 1,035 drivers for traveling speeds of 90 mph to 100 mph. Another 2,518 were traveling between 80 and 90 mph.

Some of the fastest drivers were traveling even faster, at unbelievable and unsafe speeds. In Stoughton, a driver was caught traveling 140 mph in a 65 mph zone. Two other drivers reached 130 mph speeds in Ludlow and North Attleboro. On Cape Cod, a driver was caught traveling 125 mph.

Speeding is highly dangerous. MGL c.90, § 17 states, “No person operating a motor vehicle on any way shall run it at a rate of speed greater than is reasonable and proper, having regard to traffic and the use of the way and the safety of the public.”

Drivers have a duty to use reasonable care in Massachusetts. This means traveling the speed limit or slower when necessary for safety, even when there is no sign posted. In Massachusetts, cities and towns have a default speed limit of 30 mph in thickly settled or business districts. In 2016, the state passed the Municipal Modernization Act allowing communities to lower default speed limits to 25 mph. Many communities have done so and enjoy the improvements. Near schools and work zones, the speed limit is 20 mph.

Free Legal Consultation – Boston Car Crash Attorneys

If you have been injured, it is in your best interest to consult an experienced car accident lawyer. Since 1992, Breakstone, White & Gluck has represented those injured by negligent driving across Massachusetts, including in Boston, Cambridge, Quincy and the South Shore, the North Shore, Plymouth, Brockton and Cape Cod.

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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dangerous dog

Dog owners made horrific decisions which killed young children in 2019. In Massachusetts, a 14-year-old boy was mauled to death by at least four dogs in Dighton. Then, in Michigan, two young children lost their lives to separate pit bull attacks, just months apart.

No one wants to think about the potential dangers of dogs. This is because many people own a dog or call themselves dog lovers. But the reality is dogs can be a public health risk when left unsupervised or when owners make poor decisions. Or when they interact too closely with children. Now, during the summer months, is the time to consider your family’s safety.

Children face the greatest risk of injury and suffer more than 50 percent of all dog bites, according to the Children’s Hospital of Pittsburgh.

Dog bites and attacks caused severe injuries and deaths across the United States and here in Massachusetts last year. In May 2019, a 14-year-old boy was killed in a dog bite attack in Dighton. He was found laying dead at a property where he was caring for dogs without supervision. There were 4 dogs in the area where his body was found and 7 other dogs on the property, according to a NBC Boston report. The dogs were reportedly not licensed in Dighton.

The boy’s grandmother had dropped him off on the large property to tend to the dogs, as she had for several months, while the dogs’ owner was away in Boston, according to the Sun Chronicle newspaper. The grandmother waited in the car and grew concerned when the boy did not return. A neighbor found the boy dead and police were called. The Bristol County District Attorney’s office investigated but declined to criminally charge the dogs’ owner.

Then, the state of Michigan lost two young children within a few months. In August 2019, three pit bulls savagely attacked a 9-year-old girl in Detroit as she rode her bike in an alley near her home, according to a local news report. The girl died from multiple injuries, despite a neighbor’s attempt to help, by shooting and killing one of the dogs. The owner of the dogs was arrested, ultimately charged with second-degree murder.

Prosecutors alleged the owner knew the dogs “were dangerous, loose and unsecured” in the backyard of his home, according to the news coverage. He allegedly went to a nearby store and the dogs broke free from the yard while he was away. The initial investigation found the fencing around the home was damaged and the garage door had also been left open.

In October, another child was attacked just a few miles away in Hazel Park, Michigan. This time, the 4-year-old boy was killed by a pit bull right in his own home. His family had been pet sitting for a friend.

“A kind gesture to help a friend in a time of need, for a dog that was said to have never shown aggressive behaviors has turned into a horrifying loss for our family,” the family said in a statement.

The attack only ended when police shot the dog with a taser gun and it fled. The boy was later pronounced dead at a local hospital. The boy’s mother had fought to save her son, stabbing the dog with a knife. She was later transported to a local hospital with non-life threatening injuries.

A Dog Owner’s Legal Responsibilities in Massachusetts

Man walking his dog on a leash

Always use a dog leash when you walk through your neighborhood.

To dog owners, we urge you to tend to your responsibilities. Follow your community’s local leash laws and registration requirements.

Restrain and supervise your dog at all times. In Massachusetts, the owner or keeper of a dog can be held financially responsible when their animal attacks someone. Under Massachusetts law, the injured person may seek compensation through your Massachusetts homeowner’s insurance policy. There is strict liability when a dog causes injuries, scarring or wrongful death. One does not have to prove the dog had a history of being dangerous or vicious.

Adults have a responsibility not to trespass or torment a dog at the time of the attack. But dog owners can be held liable when young children step onto their property without invitation, then are attacked. This is a very important point for dog owners to understand.

Homeowners can prevent these injuries by inspecting their home and property. Consider the age of your neighbors’ children. In most cases, the best investment you can make is strong fencing which keeps your dog contained and stops children before they grow interested in watching your dog. Read more about Massachusetts dog bite laws on our website.


Child near a dog, a delicate situation because dogs cause many severe and fatal injuries to children in Massachusetts.

When you visit friends or family, keep young children away from their dog. You will have plenty of time to introduce your child to dogs later, as they grow older.

To parents and neighbors, never underestimate the risk of dogs. Dog bites and attacks are more common than most people realize, even when you and your children know the dog. In fact, 77 percent of dog bites cause injury to their owners and children, a relative or family friends, according to the Children’s Hospital of Pittsburgh.

Dogs may be well behaved. Owners can feed and exercise them regularly. Yet they can still be unpredictable or become stressed and attack without warning. They are not a reliable combination with young children, no matter how dog-friendly their owner says they are.

We encourage you to exercise caution around dogs. If you are a parent, keep your children away from dogs. You have the choice when you visit friends or family members who own dogs. These are social visits and letting your child approach a dog while you talk is dangerous, even if they are with another person or older child. You want to introduce your child to dogs when they are older, taking time to consult your children’s pediatrician and school. You want to be right there with your child, not watching them from across a yard.

Watch Your Neighborhood

The risk for dog bites typically rises in the summer, with the warm weather and the start of school vacation. This year, Covid-19 has changed everything in Massachusetts. Your neighbors may be spending even more time at home. You may see their dogs out more, sometimes without supervision. You may also see some new dogs.

Call your local animal control officer if you are concerned about an unsupervised dog. Your neighbors have a responsibility to follow leash laws and these are in place to prevent injuries. Another reason is some of these dogs may also be abandoned, neglected or starved. They need special attention before they contract and spread rabies, or attack.

Facts About Dog Bite Injuries

  • From 2005 to 2018, 471 Americans were killed by dog bites, according to DogBite.org, a victim’s group.
  • Pit bulls caused more than 65 percent of fatal dog bites and attacks, according to the group.
  • Children age 5 to 9 are the most frequent victims of dog bites and attacks, according to a WBUR article.
  • Dogs are most likely to bite children in the face, neck and head, the Children’s Hospital of Pittsburg reports.

Seeking Medical Treatment After Dog Bites and Attacks

Most dog bites and attacks are serious. Call 911 and wait for emergency medical services. Even if you or your child have only suffered a minor wound, we encourage you to still call your pediatrician or doctor. Ask to be treated right away. This is critical because not all dogs are vaccinated.

Free Legal Consultation- Boston Dog Bite Lawyers

Breakstone, White & Gluck has more than 100 years combined experience representing victims of dog bites and attacks in Boston and across Massachusetts. If you or your child has been injured, you may have the right to pursue financial compensation for your recovery. You may be entitled to seek damages for medical expenses, pain and suffering and other financial losses. This compensation can also pay for counseling for emotional distress.

Learn your legal rights. Call our Massachusetts dog bite attorneys for a free legal consultation at 800-379-1244 or 617-723-7676.

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Attorney David W. White and Wade Rubenstein, executive director of The Bike Connector in Lowell. Breakstone, White & Gluck donated free bicycle helmets as part of its Project KidSafe campaign to prevent head injuries.

Attorney David W. White and Wade Rubenstein, president of The Bike Connector in Lowell.

Attorney David W. White was pleased to deliver 100 bicycle helmets to Wade Rubinstein of The Bike Connector in Lowell this morning. Breakstone, White & Gluck donated the helmets as part of our 2020 Project KidSafe campaign for bike safety.

This was our first donation to The Bike Connector and it was a real pleasure to meet Wade and learn about his work. The Bike Connector provides bikes to income-disadvantaged youth and immigrants throughout the city of Lowell. This summer, The Bike Connector is working with the city’s high school summer programs to distribute 100 free refurbished bikes. Now, each cyclist will also receive a free Project KidSafe bicycle helmet from Breakstone, White & Gluck.

The bicycles are important donations. In Lowell, there is no school bus service for high school students. Students can ride the Lowell Regional Transit Authority, walk or get a ride. Bicycles open up new opportunities for students to stay connected and on track with school activities.

“These helmets are really going to help keep kids in Lowell safe,” Wade said. “I want to thank Breakstone, White & Gluck for providing us these helmets. They are going to go a long way.”

Learn more about Breakstone, White & Gluck and our Project KidSafe campaign.

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Massachusetts parent teaching a teen driver how to drive safely and defensively to prevent car accidents.We know many Massachusetts parents regularly talk to their teens about safe driving to prevent car accidents. You should be commended for engaging in this often-stressful conversation.

We urge you to continue on this summer. Helping teens understand the difference between appropriate and unsafe choices and build strong driving skills is a life-long investment in their safety and the safety of others.

Nationwide, teen driving crashes killed more than seven people each day of summer from 2008 to 2018, according to AAA Foundation for Traffic Safety.  AAA recently released the 2020 “100 Deadliest Days” of driving report, once again warning teen drivers and parent to take extra precautions between Memorial Day and Labor Day.

Be aware of the unique risks this summer, AAA says. In response to the COVID-19 pandemic, many summer jobs and activities have been cancelled. With more free time, teens may be driving more. AAA urges parents to read its 2020 “100 Deadliest Days” report, and its Parent Coaching Guide, and to have teens sign a safe driving agreement. With this approach, parents can set clear expectations for teens and refer them to the agreement should they forget. If teens violate the terms of the agreement, they may lose driving privileges for a period of time.

Research on Teen Driving Crashes

Here are a few figures for parents to consider. AAA’s research found more than 70 percent of teen drivers age 16-18 had engaged in unsafe and illegal driving behaviors.

Seat belt Use
17 percent of teen drivers admitted to not wearing a seat belt.

Speeding
47 percent of teen drivers admitted to driving 10 mph over the speed limit on a residential street.
40 percent of teen drivers admitted to driving 15 mph on a freeway.

Texting and Cell Phone Use
35 percent of teen drivers admitted to texting while driving.

Other Driving Violations
More than 30 percent of teen drivers admitted to running red lights and aggressive driving. Meanwhile, 25 percent of teen drivers admitted to drowsy driving.

Parents can influence teens on some of these behaviors by developing a teen driving agreement (there are several available on the Teen Driver Source website). Your conversations with your teens are also essential.

Help Your Teen Drive Safely
Help your teen drive safely and avoid a car crash.

Many states have graduated licensing laws, including Massachusetts. Encourage your teen to follow the Massachusetts Junior Operator Law at all times. Under this law, teens are not allowed to use cell phones when driving in Massachusetts, not even under the new Massachusetts “hands-free” driving laws.

When they have a question, encourage them to ask, review their driver’s education materials or the Massachusetts Driver’s Manual. When drivers understand the law, they are more confident making decisions on the road.

Another opportunity is to drive together. Take turns in the driver seat. When you drive, take the opportunity to show your teen how you follow the speed limit. On a 30 mph street, this means driving 30 mph or less, not 35 or 40 mph. Tell your teen what you are doing and why.

Speed-related crashes are prevalent among teens. Simply slowing down and following other vehicles at greater distances can make a tremendous impact in reducing car accidents. At slower speeds, your teen has more time to stop and if they have a collision, injuries are likely to be less severe. Accident victims are more likely to survive a teen driving accident.

At the same time, parents should understand that when teens speed, they may be intentionally speeding and risk-taking. This is unacceptable. But often, the reason is driver inexperience. Teens need more practice using the gas and brakes, and you may need to explain that traveling “just” 5 mph or 10 mph over the  speed limit is dangerous. In fact, you may need to do this a few times, also explaining that teens are more likely to cause injury when they speed and receive a speeding ticket which will impact their junior license.

To help your teen, be patient. Your goal is to demonstrate safe driving techniques and give them feedback when they make a good decision or make a mistake. Yet, if you are too critical, you will make your teen nervous and reluctant to drive with you. Tread lightly but firmly. It’s alright to take a break, but don’t stop trying.

Free Legal Consultation – Boston Car Accident Lawyers

At Breakstone, White & Gluck, our Boston car accident attorneys represent those who have been injured by negligent driving in Massachusetts. Car accidents often result in serious and catastrophic injuries, including head injuries, spinal cord injuries, broken bones, lacerations and death. When victims survive, they may require medical care, have to take time off from work and suffer other financial losses.

Always learn your legal rights after an injury. For a free legal consultation, call our car accident attorneys at 800-379-1244 or 617-723-7676. You can also use our contact form.

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Snow shoveling

As we negotiate the season’s first snow, there are many warnings: give yourself extra time, drive slowly and clear your car, front steps and driveway.

Remember these precautions in coming days and weeks, especially if you are a property owner. In Massachusetts, property owners have a duty to use reasonable care in clearing snow and ice so no one is injured. Papadopoulos v. Target Corp., 457 Mass. 368 (2010). Where there was once a distinction between “natural” and “unnatural” snow accumulations, there is no longer. The best way to keep your property safe is keep up with each snow fall. Frequently inspect your property throughout the season.

Snow and ice injuries can be serious, requiring months or more to heal. Shoveling your driveway is your responsibility as a property owner and the right thing to do. No one wants to bear the guilt of causing another person injury. And no one wants to be held liable for someone else’s injury and have to pay financial damages.

At Breakstone, White & Gluck, our Boston personal injury lawyers have extensive experience handling premises liability cases, including snow and ice injuries caused by negligence. We share our cases as cautionary tales.

Slip and Fall on Icy Ramp at Commercial Property, $825,000 Settlement
Attorney Marc L. Breakstone successfully negotiated an out-of-court settlement for a client who suffered a serious fall on an icy handicap ramp. The ramp was on a commercial property. Our client suffered a trimalleolar fracture with ankle fusion and had to undergo multiple surgeries. Photos gathered in the case showed part of the handrail was actually missing prior to the accident and there was ice from a downspout. The case settled in favor of our client after two days of mediation. Attorney Breakstone had engaged an engineering expert and meteorology expert to testify had the case gone to court.

Heavy Snow Collapse Causes Traumatic Brain Injury, Undisclosed Settlement After 4th Day of Trial
Attorney Ronald E. Gluck successfully negotiated a settlement for our client, who was injured when heavy snow collapsed suddenly from a commercial warehouse roof onto her vehicle. The defendants – the property owner, the property management company and the company which leased the warehouse – had neglected their duty to clear the snow and provide a safe environment. The case went to Middlesex Superior Court, where Attorney Gluck presented testimony from multiple expert witnesses, including a neurologist and  a meteorologist, in support of his client’s case. Each day, the defendants made an offer to settle the case. After the fourth day, Attorney Gluck’s client accepted an offer that represented an 800 percent increase from the pre-trial offer.

Free Legal Consultation – Breakstone, White & Gluck

Breakstone, White & Gluck brings more than 100 years combined legal experience to those injured by negligence in Massachusetts. We represent clients across Massachusetts, including in Boston and Cambridge; Saugus and the North Shore; Brockton and Plymouth; Cape Cod; Framingham and MetroWest; and Worcester and Central Massachusetts.

If you have been injured as a result of someone else’s negligence, learn your rights. Contact Breakstone, White & Gluck for a free legal consultation with one of our personal injury attorneys. Call 800-379-1244 or 617-723-7676. You can also use our contact form.

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little-girl-facebook-square-1200Many children are asking for tablets, video games and digital toys this holiday season. Before you buy, really learn what you are introducing – and our suggestion is consider waiting. This year, companies such as Google were pressured to change their data collection practices. In 2020, we may just see some change from other companies, too. Continue reading

20 mph speed limit

Drivers, double check your speed next time you visit Cambridge. In mid-November, the city plans a slow down to 20 mph on most city-owned streets. The city says, when in doubt, go 20 mph. 

The City of Cambridge announced the new 20 mph speed limit this week, a decision made in response to residents’ concerns about speeding vehicles and the risk for pedestrian accidents and injuries to cyclists. Cambridge follows Boston and Somerville in pursuing 20 mph speeds on certain city streets. Each city has a VisionZero safety campaign and is working to eliminate traffic fatalities. 

Cambridge first lowered speed limits from 30 to 25 mph on most city-owned streets in December 2016. The Massachusetts Legislature granted cities and towns this authority earlier that year with passage of the Municipal Modernization Law. Specifically, communities were given the authority to lower speeds from 30 to 25 mph in locally-owned thickly settled areas.

In response, dozens of communities adopted 25 mph speed limits to reduce the risk of accidents. Few have pursued 20 mph – yet.

But according to the City of Cambridge’s announcement, the law allows communities to establish 20 mph “safety zones” in the interest of public safety. Cambridge will be installing 660 new “safety zone” signs. 

The City of Somerville has also taken advantage of this provision of the law. Last we knew, the City of Boston – which was the first to pursue 25 mph, then 20 mph speeds – was still working on the issue. Here is our last update on Massachusetts speed limits  (though please note: there may have been additional action since then).

Check a street: Not every street in Cambridge will be impacted. Larger streets like Brattle Street and Cambridge Street will stick with current speeds. Roads under state management – such as Memorial Drive – will not change. You can check out the map here: www.cambridgema.gov/20mph.

It’s worth noting Cambridge’s squares – including Harvard Square, Lechmere Square and Porter Square – won’t see any change. The city lowered speeds to 20 mph back in early 2018.

Cambridge’s Influence on Traffic Safety

Cambridge has been ambitious in making traffic safety improvements. In addition to lowering speeds, the city announced a new City Safety Ordinance earlier this year. The city made the commitment to add permanent separated bike lanes whenever it reconstructs roads identified in the Cambridge Bicycle Plan. With full build out, this would give the city an impressive 20 miles of protected bike lanes. Cambridge Bicycle Safety, a local group, said this could reduce 40 percent of Cambridge bicycle accidents, the one which occur outside intersections.

The city, while committed, does concede there may be cases when these bike lanes aren’t possible due to road conditions.

The bottom line is Cambridge has such a strong influence on transportation in the Boston region, just by virtue of its geography. It borders Somerville, Boston, Arlington, Belmont and Watertown. And because it’s one of the largest cities in Massachusetts, its work to promote safety will be watched across the state and nationally.

Free Legal Consultation – Boston Pedestrian Car Accident Lawyers

Breakstone, White & Gluck has represented accident victims in Boston, Cambridge and across Massachusetts since 1992. Our attorneys are dedicated to our clients and our results. We provide the prompt and thorough investigation required after pedestrian car accidents and bicycle crashes

If you have been injured by a driver, we offer a free legal consultation to advise you on whether you may pursue a financial claim for your injuries and other losses. Consult one of our personal injury attorneys today at 800-379-1244 or 617-723-7676. You can also use our contact form.

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