Posts Tagged ‘Massachusetts’
Breakstone, White & Gluck Makes Bike Month Donations in Framingham and Clinton
As National Bike Month ends, we finish a busy May for our Project KidSafe campaign. Six years have passed since we began our campaign and each year, Bike Month and Bay State Bike Week, get better and engage more people in Massachusetts. A few of our donations:
Framingham Earth Day. This event was held on April 28th. But it’s always the unofficial start of Bike Month for us. This was our fifth year participating in Framingham Earth Day and donating bicycle helmets from our Project KidSafe campaign to the kids. Attorney David W. White and Framingham Police Officer Garrett Coffin fit 150 helmets over the first two hours of the event. The rain stayed away so this year, we got to enjoy being out on the Framingham Center Common. Dozens of vendors came out, including several organizations for cyclists. We have to add: this is always a worthwhile event for cyclists. Friends of the Natick Trails, the Natick Cochituate Rail Trail and the Friends of the Bruce Freeman Rail Trail participated, giving cyclists a way to learn about the latest developments before riding.
We want to offer a special thanks to Officer Coffin of the Framingham Police Department. Garrett comes out each year. He is patient, good with people and has to be one of the best bicycle helmet fitters in Massachusetts.
Clinton Community Safety Rodeo. On May 5th, we were pleased to donate bicycle helmets at the Community Safety Rode in Clinton. This is the second year the town of Clinton Park & Recreation Department has organized the event. We are told last year, many children showed up with bikes, but were unable to participate because they didn’t have helmets. In Massachusetts, it’s not just good sense to wear a helmet. It’s required under the law for children (up to age 16). And as we said, it is important and good sense for all cyclists.
Lowell Students Ride Safely With New Bikes and Helmets
Students from Career Academy in Lowell riding new bikes and wearing new helmets.
Though snow fell this week, students from Career Academy in Lowell still managed to make the most of school vacation, fitting in a bike ride to Heart Pond in Chelmsford. This was a special ride because students were pedaling new bikes – and wearing new helmets. Breakstone, White & Gluck was pleased to donate the helmets from our Project KidSafe campaign.
The idea for the bike ride began with Bernice Chandler-Petrovick, who teaches biology. Some of her students needed bikes to get to school and travel more independently. She began teaching students about bicycle safety while also setting out on another goal: finding bikes for her students.
“Most of my students do not have bikes and cannot afford a new one,” she said. “The same is true for helmets.”
Then she found Elevate New England and Breakstone, White & Gluck. Elevate New England is a Lowell-based mentoring organization working with students and schools. The organization gathered used and new bikes, then refurbished the used ones like new for students.
Students can expect to hear more about bicycle safety at Career Academy. Chandler-Petrovick is now working to build a bike rack so students can safely park their bikes at the school. She hopes to expand the bicycle donation program next year.
“Thank you to everyone who helped make this possible,” Chandler-Petrovick said. “I worked with two strong community partners, Breakstone, White & Gluck and Elevate New England. We now have 14 students with bikes and each has a helmet. This project will make a difference for my students and their families.”
Breakstone, White & Gluck launched our Project KidSafe campaign in 2013, with a goal of protecting children from head injuries. Over the past six years, we have donated over 20,000 bicycle helmets, in partnership with police departments, schools and community organizations.
Bicycle Helmet Tips
Wearing a bicycle helmet is the most effective way to protect one’s head if they fall on a bicycle or are involved in bicycle crash. Though millions of Americans ride bikes, fewer than half wear bicycle helmets, according to the Centers for Disease Control and Prevention (CDC). Many states, including Massachusetts, have laws mandating bicycle helmets for younger cyclists. In Massachusetts, you must wear a helmet if you are 16 and younger. However, all cyclists are encouraged to wear helmets for safety and to prevent concussions and serious long-term head injuries.
If you are a parent, make sure everyone in your family has a helmet and they properly fit. Have your children wear one as soon as they get on a bike and wear one yourself so they will follow your lead.
Make sure your helmet is in good working condition. The helmet needs to be able to absorb an impact should you fall. Replace your helmet every few years at a minimum. Resist the urge to pass helmets down between siblings or friends. Helmets are expensive so we know this may be tempting. But you want to make sure the helmet is fit to protect you or your child.
Construction Workers are Dying in Boston’s Building Boom
Boston is in the middle of a mighty building boom, with no sign of a slowdown ahead. As new condos, college dorms and office buildings go up, the companies making a financial profit must protect construction workers.
Workers are not always protected. As ribbons are cut on new buildings, the number of workers killed on the job stands at a 10-year high in Massachusetts, according to MassCOSH. During the past month, construction accidents have injured two workers and killed one in the Boston area.
A 56-year-old Seekonk man was found dead last week at the Wynn Boston Harbor resort in Everett. According to WBZ, the worker was in the cab of an excavator, taking apart a trench box when he was struck. The cause of the impact was not reported and the accident remains under investigation by the Occupational Safety and Health Administration (OSHA). The man worked for J. Derenzo Companies of Brockton. The company is a subcontractor of Suffolk Construction of Boston, which is building the casino.
The Boston Globe reported that OSHA has conducted previous inspections at the Wynn construction site. One involved an employee who was hit by an excavator bucket. Another worker was injured when he fell down a shaft. A third employee was injured by a scissor lift.
After Kidde Recall, Consumers Are Urged to Check Smoke Alarms
Kidde recalled nearly a half million smoke alarms which may have a dangerous yellow cap left inside. (Recall date: March 21, 2018; Photo: CPSC website)
Please check your smoke alarms when you get home. Kidde has recalled nearly half a million smoke alarms, urging consumers to check devices for yellow caps potentially left on during the manufacturing process. According to the company’s recall notice, the cap would be on one of two sensors inside the smoke detector, compromising the device. Consumers have to do this inspection carefully. You will be looking for the yellow cap through the opening on the side of the device, as shown in the photo. Be careful not to open the smoke alarm or take it apart.
Because Kidde is one of the largest manufacturers, every consumer should check their smoke alarm. If you have a Kidde device, you will need to take it off the wall or ceiling to check the date code on the back. The recalled smoke alarms were dated September 10, 2016 through October 13, 2017. They were sold through January 2018 at Home Depot, Walmart and other retailers. They were manufactured in China, by Fyrnetics Limited, of Hong Kong.
Recall Numbers:
PI9010 (DC/battery powered)
Date codes: Sept. 10, 2016 through Oct. 13, 2017
PI2010 (AC/hardwired)
Date codes: Sept. 10, 2016 through Oct. 13, 2017
Steps for Inspecting Your Smoke Alarm
The Consumer Product Safety Commission recall notice warns consumers not to open the device. Take it off the ceiling or wall, then inspect the alarm through the opening on the side of the device. If you see a yellow cap, you should immediately contact Kidde toll-free at 833-551-7739 for a free replacement. We encourage you to read the recall notice for hours of operation and other information.
Kidde issued the product recall after the yellow cap was found on a smoke alarm which was about to be installed in a consumer’s home. No injuries or incidents reported. Kidde recalled 452,000 smoke alarms sold in the United States and about 40,000 in Canada.
Importance of Smoke Alarms
Smoke alarms are fundamental to safety. Massachusetts has strict laws requiring installation in residential and commercial property. Yet 3 out of 5 home fire deaths in the U.S. are caused by smoke alarm failures, according to the National Fire Protection Association. Nearly 40 percent of these homes had no smoke alarms and about 20 percent had non-working smoke alarms.
Do everything you can to protect your family. Commit to replace the batteries when you set the clocks back or ahead for Daylight Saving Time. Regularly test your smoke alarm batteries every month.
Please share this recall with family members and friends. Offer to help anyone who needs it. In addition to the elderly, check in with college students or adult children who are living in apartments. Also check in with any family members who are new homeowners, still getting to know their appliances.
About Breakstone, White & Gluck
At Breakstone, White & Gluck, our lawyers specialize in personal injury, medical malpractice and product liability cases. Our lawyers are committed to fighting for justice for those who have been seriously injured or killed by the negligence and wrongdoing of others. If you have been injured, learn your rights. For a free consultation, contact our attorneys at 800-379-1244 or use our contact form.
Attorney Reza Breakstone: “The Self Driving Car: Science Fiction Becomes Reality, Creating a Legal Quandary”
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.
Preventing Injuries: Check Your Seat Belts and Child Passenger Safety Seats
There is nothing more important than protecting your family and other passengers in the car. Many of us drive less often in the winter in Massachusetts. But in a few weeks, families will be back in the car more for afterschool sports, activities and weekend trips.
Take a few minutes now to inspect your vehicle’s seat belts and child passenger safety seats. Make sure this equipment is working and properly adjusted to fit each child. Replace car seats if your children have outgrown them. Then talk to your family about the importance of always wearing a seat belt.
Dangers on the Road for Children
- Roughly 3 children in the U.S. die each day as a result of motor vehicle accidents, according to the National Highway Traffic Safety Administration (NHTSA).
- Car accidents increased 5.6 percent nationwide from 2015 and 2016. Child deaths in motor vehicle accidents increased 8 percent.
- Children were occupants in 74 percent of fatal car accidents in 2016. They were pedestrians in 20 percent of cases and were on bikes in about 5 percent of cases.
Seat Belt: Buckle Up, Every Ride
Your car should have working seat belts. Do a visual inspection and also sit in each seat while buckling up. If your seat belts are not working, call your auto dealer to have them repaired. Then, wear your seat belt on every trip, no matter how short. Insist your children and other passengers do as well. Drivers carry a lot of influence when it comes to seat belt use, especially parents.
Properly buckle your children in, especially when they are just transitioning from booster seats to seat belts. As they get older, they will start to buckle themselves in, but continue to check their seat belt before you start driving, even if just from the front seat. You want to make sure the straps are not tangled or jamming. Buckle up unused seat belts to discourage children from playing with them. Always lock your power windows so children cannot operate them from the backseat and finally, never leave your children alone in motor vehicles to play with seat belts unsupervised in your vehicle.
Watch this video to see how to buckle your child in:
Teenagers may need the most reminders, whether they are passengers or drivers. In 2016, 47 percent of young drivers who died in crashes were not wearing seat belts, according to the NHTSA. As a parent, you have to teach your teenager to be both a safe driver and a safe passenger and always, always wear seat belts. The decisions your children make while driving with friends are critical.
Massachusetts Law on Seat Belts
In Massachusetts, children must start wearing seat belts at age 8 or when they outgrow their child passenger safety seat.
The Massachusetts seat belt law requires drivers and passengers to wear seat belts while traveling in the front and back of vehicles. According to the Governors Highway Safety Association (GHSA), Massachusetts is one of 15 states which have a secondary enforcement seat belt law. While seat belts must be worn, drivers can only be cited for a seat belt violation after they are stopped for an unrelated traffic offenses. In primary enforcement states, drivers can be pulled over solely for not wearing a seat belt.
Seat belt use was 89.7 percent in 2017, according to the NHTSA. This increased about 5 percent from 2009, which is good news. Except that seat belt use was the lowest in the Northeast. Some 86.5 percent of drivers and passengers buckled up, compared to 94.5 percent out West. The best thing you can do is go for a 100 percent seat belt rate in your car.
Child Safety Seats: The Challenge
Car accidents are the leading cause of death for children and teenagers, according to the Centers for Disease Control and Prevention (CDC). Safe Kids Worldwide reports child passenger safety seats can reduce the risk of death by 71 percent. The problem is car seats can be hard to install, expensive and are frequently recalled.
Massachusetts has a Child Passenger Safety Seat law to protect young passengers:
- Children who are younger than 8 years old (or under 57 inches tall) must use an age-appropriate federally-approved child safety seat.
- Child safety seats should be placed in the back seat (if your vehicle doesn’t have a back seat, you can’t install the car seat in the front seat).
- Older children must wear a seat belt. It is recommended that children sit in the back seat until they reach age 13.
Parents must use an age appropriate car seat. Infants typically use a rear-facing car seat until age 2, then grow into a forward facing car seat and then a booster seat. Check these guidelines for help purchasing a child passenger safety seat.
Help Finding the Right Child Passenger Safety Seat
Common Mistakes in Fitting Car Seats
- Rear-facing infant/convertible seats are often installed with the wrong amount of incline while forward-facing car seats can be fit too loosely.
- A forward-facing seat should not be able to move more than an inch laterally. In one study, the NHTSA found more than 17 percent of forward-facing car seats were able to move more than 2 inches.
- A common mistake with booster seats is the lap belt position. Lap belts should sit on the child’s hips and thighs, not the abdomen or rib cage.
Source: NHTSA, National Child Restraint Use Special Study, June 2015
Where You Can Find Help
If you are having trouble with your car seat installation, ask if your local police department offers free car seat inspections. You can also check this website to find other resources in the area.
Child Car Seat Safety Information from Manufacturers
Register your child safety seats with the manufacturer so you will be notified if there is a recall. Even when you carefully research a product, these recalls can and do happen. Graco has recalled millions of child car seats, most for unsafe buckles, but also other defects. Other manufacturers have issued recalls when seats have failed to mount and when pieces posed a potential choking hazard.
Finally, read the manufacturer’s instructions for set up and check the expiration date. Many people do not realize that car seats have an expiration date.
About Breakstone, White & Gluck
For more than 30 years, the lawyers of Breakstone, White & Gluck have represented individuals and families who have been injured by negligent and reckless drivers in Massachusetts. Our Boston car accident lawyers are committed to fighting for justice for every client and have been consistently recognized for our results by Super Lawyers, U.S. News – Best Law Firms and Martindale Hubbell.
For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.
Elevators and Escalators Have Long Been Out of Order at Westwood Train Station
Commuting is a major stress in the Boston area. Having to ride the MBTA should ease the burden. But it often just adds anxiety, especially for commuters at the Route 128/University Station in Westwood.
Two news stories have put the spotlight back on the long-running equipment and system problems at the Westwood station, including out-of-service elevators and escalators. Offering both MBTA and Amtrak train service, the Westwood station serves half a million commuters each year. When systems are running on time, you can take the MBTA into Boston in less than a half hour. The MBTA also offers service to Providence or Amtrak provides travel beyond Rhode Island.
With over 2,500 spaces, the Westwood station is also one of the rare MBTA stops where you can still find a parking space. The problem is walking through the station.
The station is owned by Amtrak, which has frequently closed escalators and elevators over the past few years. One of the two elevators has been out of service altogether for several years. They are in no condition to re-open. According to a recent NBC Boston report, every escalator and elevator has expired state certifications. NBC Boston first reported on the station three years ago, so this isn’t a new story. It is just one which has grown worse.
Amtrak says it has no responsibility to make repairs, citing federal law which exempts it from meeting all state and local building regulations. State officials say they have met with Amtrak, to no avail.
Failure to maintain the escalators and elevators creates a safety hazard for commuters and puts an extra burden on the handicapped. NBC Boston interviewed a rider who was legally blind and spoke about having to climb the Westwood station’s tall staircases. As a result, he has missed his special needs van on some days.
We need to learn from past tragedies on escalators and elevators, including the fall that killed 4-year-old Mark DiBona in 2011. The child fell from a defective second-floor escalator at the Auburn Mall. The escalator had a 6 inch gap, which exceeded state regulations. Lawyers for the boy’s family said the escalator management company was aware of the gap and had filed plans with the town to fix it. But the company never followed up. The little boy suffered a head injury in the fall and died the next day.
Hopefully, the state, MBTA and Amtrak will reach agreement on the much needed repairs at the Westwood station soon. All three have a responsibility to the public and commuters. But it’s also important because another public safety concern has recently arisen at the station.
After a long day in Boston, every commuter just wants to get home. Over the past year, the rush has gotten worse at the Westwood station. Some commuters are now running to their cars to beat traffic backups and 20-minute delays leaving the station.
The traffic backups are a new development. Drivers used to have two choices to pay for parking. They could pay inside the station with their credit card or they could simply drive through the parking garage exit. The parking fee would be deducted from their car’s EZPass. Now, the MBTA requires drivers to stop at the parking exit and select how they want to pay. Meanwhile, traffic lines up and pedestrians are put at risk.
WBZ’s I-Team reported on the parking garage earlier this month. The MBTA said the new system has reduced duplicate charges, resulting in fewer refunds. But things need to change at the Westwood station before there is a serious pedestrian accident.
If you see a safety hazard in any MBTA station, we encourage you to take a photo with your cell phone and report it. You can also report equipment that is out of service for a long period of time.
We suggest reporting the problem to at least two offices – the MBTA and the local police department. A local police department can log your complaint immediately while the MBTA or MBTA police may not respond for a few days.
You can also try submitting complaints to the town officials in the community where the MBTA station is located. Try the local building department, the Board of Selectmen or City Council office. Other resources are the state Department of Transportation, your state representative and your local regional transportation agency. These offices may not be directly responsible for a train or bus station, but it may help to keep them aware of ongoing transportation and safety issues.
Here are a few links:
MBTA Customer Support. This page gives you the option to upload a photo.
Regional Public Transportation Authorities in Massachusetts
Massachusetts Department of Transportation
About Breakstone, White & Gluck
The Boston personal injury lawyers at Breakstone, White & Gluck are experts in handling claims involving premises liability and injuries caused by defective property conditions. If you have been injured by someone’s failure to maintain their property, learn your rights. For a free legal consultation, contact Breakstone, White & Gluck at 800-379-1244 or 617-723-7676 or use our contact form.
Parents: Does Your College Student Think Drowsy Driving is Dangerous?
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.
The Holiday Toy “Don’t Buy” List
Fidget spinners have been one of the most popular gifts of 2017, but the small pieces can fall out and cause a child to choke.
By now, the children in your life have probably sent you their holiday toy wish lists. But just as important is the holiday “don’t buy” list.
W.A.T.C.H. released nominees for its “10 Worst Toys of 2017” list in mid-November, leading with Hallmark’s “Ittys Bitty” Baby Stacking Toy. This toy was recalled by the Consumer Product Safety Commission (CPSC) in August. The fabric hats and bows on the Disney characters can detach and cause a young child to choke. This toy also has no safety warnings or age recommendations.
Toy 2: Tolo’s Tug Along Pony. This toy is marketed for children 12 months and older. It has a 19-inch cord, which is permitted for pull-along toys. But W.A.T.C.H. says this toy poses a strangulation hazard and does not carry any safety warnings.
Toy 3: The Wonder Woman Battle-Action Sword. This toy is recommended for children age 6 and up. Before you buy, note that the sword is large and sharp enough to cause facial or impact injuries. The packaging also gets a failing grade. It encourages children to “fight alongside men in a war to end all wars.”
Massachusetts Communities Fight Back Against Traffic Detour Apps
Local communities are restricting road use to stop the flood of drivers who use Waze and other traffic apps.
Commuting is a battle in Massachusetts, full of frustrations and hazards. But residents, communities and lawmakers continue to fight back to improve safety.
On Monday, the state House of Representatives considered a controversial bill proposing new fines for jaywalking and jaywalking while distracted (or as The Boston Globe writes, “Jay-texters”). Meanwhile, WBZ reports communities are closing off roads in response to traffic apps such as Waze and Google Maps.
Jaywalking Bill. On Beacon Hill, Rep. Colleen M. Garry, D-Dracut, has proposed Bill H.1834, which would allow cities and towns to impose stronger penalties against jaywalking. The current penalty is $1, which isn’t much of a deterrent. But this new bill proposes:
- Jaywalkers may be fined $25 for a first offense, $50 for a second offense and $100 for a third or subsequent offense.
- The proposal calls for new and increased fines for pedestrians who violate the jaywalking law and are using mobile devices or earphones. Using a mobile device will increase the fine to $50 for a first offense, $100 for a second offense and $200 for a third or subsequent offense.
Massachusetts is not the only state considering action. In New York, the State Assembly passed a law for New York City to study the problem. As of last month, the City of Honolulu began ticketing pedestrians who are texting or reading from a cell phone. The price? Up to $99 per violation.
While pedestrian texting bans are new, 47 states and Washington D.C. now have laws which ban texting while driving. Puerto Rico, Guam and the U.S. Virgin Islands also have bans. Massachusetts passed its texting while driving ban in 2010.
This is a controversial topic. We will be among those watching the State House this week.
Traffic Detour Apps. WBZ reported on Monday that drivers are continuing to make use of apps such as Waze and Google Maps, which help them find the shortest route (Note: Waze was actually acquired by Google in 2013). But regardless of the specific brand name, police departments say these apps are a safety issue because they change traffic flow and draw large amounts of traffic to residential roads.
Now cities, such as Medford, Cambridge, Brookline and Belmont have taken action, by closing off roads or posting no turn signs.
Here are a few notes for your commute:
- In October, Medford Police announced Bracket Street at Elm Street is residents only on weekdays from 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m.
- Belmont has installed no right turn signs off Brighton Street.
- Brookline has restricted access to several roads off Clyde Street.
- In Cambridge, Fresh Pond Parkway is also closed to through traffic.
These are two stories for every commuter to follow. We will write more about both topics in the weeks and months to come.
About Breakstone, White & Gluck
The Boston car accident attorneys at Breakstone, White & Gluck have over 100 years combined experience representing pedestrians, cyclists, drivers and passengers who have been injured by negligent drivers. If you or a loved one has been injured, learn your rights for seeking compensation. After a car accident, you may incur medical expenses, have to take time off from work and no one can predict how long recovery will take. For these reasons, it is important to contact an experienced Boston car accident lawyer.
For a free legal consultation, contact our attorneys at 800-379-1244 or 617-723-7676 or use our contact form.