Articles Tagged with “personal injury”

Pedestrian accidents at night

As the days get shorter, drivers must watch for pedestrians. The number of pedestrian fatalities has risen in Massachusetts during 2021.

The majority of all pedestrian fatalities occur at night or in dark light conditions, according to the National Highway Traffic Safety Administration (NHTSA). This is a significant point come October in Massachusetts, when the days get shorter and the walk home becomes darker.

As a driver, renew your commitment to travel safely near pedestrians this Fall. This is critical. In addition to shorter days, Massachusetts is seeing a rise in pedestrian fatalities as traffic volumes start to rebound. In August, the Massachusetts Department of Transportation (MassDOT) reported traffic volumes had returned to just 5 percent below pre-pandemic levels in 2019.

As of October 21, 2021, 58 pedestrians have died on Massachusetts roads this year, according to MassDOT crash data. 55 pedestrian fatalities were recorded in 2020, when traffic was lightest due to Covid 19 stay at home policies. Prior to the pandemic, there were 78 fatal pedestrian injuries statewide in 2019.

There have been 1,086 total pedestrian accidents reported in 2021 so far, including those involving fatal injuries, non-fatal injuries and property damage without injury, compared to 1,443 pedestrian crashes in 2020 and 2,198 pre-pandemic in 2019. (Source: MassDOT, 2017-2021 Pedestrian, Cyclist and Motorcyclist Crashes by Injury).

While helpful, the data is just a snapshot. A better resource: ask anyone who walks if driving patterns are still irregular due to the pandemic. Roads may be less congested, but drivers are picking up speeds at times. This endangers pedestrians, especially at night, when there is less visibility.

Reminders for Driving Safely Near Pedestrians and Reducing the Risk of Injury

Drive Slowly and Watch for Pedestrians

Drive slowly and always look for pedestrians. Take an extra moment to look in all directions before you step on the gas. Pedestrians are more likely to blend in at night, even in well-lit areas.

Yield and Stop at Crosswalks

Drivers have a responsibility to yield to pedestrians before turning at traffic signals and to stop or yield for pedestrians to safely walk through crosswalks. Many pedestrian accidents at night occur in intersections and crosswalks.

Once you start moving, you can attempt to break quickly but you really have less control, especially in short distance situations, such as when turning at an intersection or backing out of a parking space. Take a moment and take a good look for pedestrians first.

Give Yourself More Time When Getting in Your Car

Drivers can reduce their risk of hitting a pedestrian by giving their full attention to the road. To do this, give yourself time to get ready for the ride while you are parked: buckle your child up and set up your cell phone in hands-free mode if you plan to use it. Make sure you have directions typed into your GPS or you know where you are going. 

When you are finished, then give yourself time to turn on the vehicle and look for pedestrians. 

Drive at Night Without Distractions

The state of Massachusetts now allows drivers to use cell phones in hands-free mode, but this can be a dangerous distraction when driving at night. The best policy is to pull over in a legal parking space if you need to call someone and avoid causing a car accident or truck crash, resulting in pedestrian injuries.

Reduce Your Speed

During the day and at night, you give yourself more time to stop for pedestrians when you travel at the speed limit or below if necessary for safety conditions.

Look for Both Pedestrians and Cyclists

Pedestrians may or may not wear bright clothing, so you have to really check when you drive at night or in the early morning.  Pedestrians may be hard to see, even when traveling through a well-lit intersection or parking lot.

Cyclists may be easier to see as they approach. In Massachusetts, cyclists must use a white headlight and red taillight or rear reflector at night, or specifically from ½ hour after sunset until ½ hour before sunrise under M.G.L. c. 85, § 11B. 

This means you may see a white light when a cyclist is approaching and red light (or reflector) from behind. You may also see reflective material on a cyclist’s pedals.

Consider the Impact of Darkness on Drivers

It is simply harder to see at night. Not just for senior citizens. Age-related vision changes can pay a toll much earlier than retirement age. For instance, a 50-year-old driver may need twice as much light to see as well as a 30-year-old, according to the National Safety Council. It is critical for all drivers to schedule an annual eye exam, get proper rest and set aside distractions.

Older Drivers

Still, older drivers may struggle the most when driving at night. At 60 or older, drivers may not see as well at night and may suffer from a loss in color and depth perception, making it harder to judge speeds and distances, according to the American Optometric Association.  

Safety precautions for older drivers traveling at night:

  • Have an annual eye examination.
  • Consider taking a driving class to brush up on your driving skills and learn about age-related vision changes. The AARP offers courses and other organizations may also.
  • Limit or avoid driving at night.
  • Reduce your speed and expect pedestrians.
  • Be cautious at intersections, taking extra care to yield to pedestrians.

Limit Teen Driving at Night

As a parent, let your teen drive during the day, but consider limiting their driving hours at night this Fall. Teens are still learning and driving safely at night takes practice. And right now, traffic is even less predictable and your teens may be driving alongside more trucks and delivery vans as we approach the holidays.

This is a suggestion. But remember under the Massachusetts Junior Operator Law, teens are not permitted to drive at all between 12 a.m. and 5 a.m.

Free Legal Consultation – Boston Pedestrian Accident Attorneys

Breakstone, White & Gluck is a top-rated Boston personal injury law firm. With more than 100 years combined experience, our attorneys provide thorough and aggressive representation to those injured by negligence across Massachusetts, including in Boston, Cambridge, Winthrop, Arlington, Somerville, Everett and Chelsea. We also serve clients across the state, including in Quincy and the South Shore, Hyannis, Barnstable and Cape Cod, Framingham, Worcester and the Danvers and the North Shore.

Our firm specializes in representing pedestrians and cyclists who have been injured in auto accidents, truck accidents and bus crashes, including MBTA bus accidents in the city of Boston.

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

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Best Lawyers Best Law Firms Tier 1 rating for Breakstone, White & Gluck.

Breakstone, White & Gluck was recognized with a 2019 Tier 1 ranking in the specialty of personal injury litigation for plaintiffs in Boston.

We are pleased to announce that Breakstone, White & Gluck of Boston has received a Tier 1 ranking from the U.S. News – Best Lawyers® 2019 edition of “Best Law Firms.” The firm received the Tier 1 ranking in the specialty of personal injury litigation for plaintiffs in Boston.

Breakstone, White & Gluck and our attorneys have been selected for U.S. News – Best Lawyers® and “Best Law Firms” rankings this year and in the past. In this year’s Best Lawyers ratings, Marc L. Breakstone, David W. White and Ronald E. Gluck were selected for individual recognition in various areas of our practice, including personal injury litigation – plaintiffs, insurance law, medical malpractice and professional malpractice.

The “Best Law Firms” rankings are based on a rigorous evaluation process that includes client and lawyer evaluations, peer reviews from other attorneys and other information provided by law firms.

Breakstone, White & Gluck is a top-rated Boston personal injury law firm with over 100 years combined experience and record-setting awards and settlements. Across Massachusetts and New England, our lawyers are known for our unwavering commitment to reach the best financial outcome for every client. We have earned recognition from “Best Law Firms” and Best Lawyers, along with Top 100 New England Super Lawyers and Top 100 Massachusetts Super Lawyers. Our attorneys hold top professional and ethical ratings from Martindale-Hubbell.

Our Attorneys

Attorney Marc L. Breakstone, a Boston personal injury lawyer and medical malpractice lawyer

Attorney Marc L. Breakstone

Attorney David W. White, a Boston personal injury lawyer

Attorney David W. White

Attorney Ronald E. Gluck, a Boston personal injury lawyer

Attorney Ronald E. Gluck

Attorney Reza Breakstone, a Boston personal injury lawyer

Attorney Reza Breakstone

Our Practice
Our firm specializes in personal injury and medical malpractice cases, including those involving catastrophic injuries and traumatic brain injury, including:

Free Legal Consultation
Boston Personal Injury Lawyers – Worcester Personal Injury Lawyers
If you have been injured, it is important to consult an experienced Boston personal injury lawyer or Worcester personal injury lawyer to learn your rights. You may have the right to obtain financial compensation for your injuries. Our attorneys represent those injured across Massachusetts, including in Boston, Waltham, Framingham, Cape Cod, Brockton, Plymouth, Worcester, the North Shore, the South Shore and Western Massachusetts.

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

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Boston personal injury lawyers Breakstone, White & Gluck

Left to right: Attorney Ronald E. Gluck, Attorney Marc L. Breakstone and Attorney David W. White have been recognized by Best Lawyers in America© 2019.

Breakstone, White & Gluck announces that our partners have been recognized in The Best Lawyers in America© 2019. Best Lawyers© is the oldest and most respected attorney ranking service in the world, providing a resource for those searching for legal services for more than 30 years. It ranks lawyers in partnership with U.S. News & World Report and other media partners.

Best Lawyers© compiles its annual list of attorneys based on a peer-review process. Nominations can be submitted online by members of the public, clients and other attorneys. But attorneys alone provide evaluations. Nearly 87,000 lawyers around the world are eligible to participate. For the ninth year, lawyers in the Boston region chose to rank Breakstone, White & Gluck. Our rankings:

Attorney Marc L. Breakstone helped deliver new bicycle helmets to Arlington fifth graders this week. He asked them to make a promise: to ride safely and always wear their helmets when riding to prevent head injuries.

“Now I’m not here to scare you. I’m here to inspire you, okay? … I want you all to be safe bicyclists,” Breakstone said.

These are the days when children just want to be outdoors, riding their bikes. We want them to enjoy the experience and always, always wear a bicycle helmet.

Breakstone, White & Gluck recently made bicycle helmet donations in Westborough, Lexington and Dorchester as part of our Project KidSafe campaign. We are committed to protecting young cyclists and are now in the fourth year of our campaign. Along the way, we have donated over 10,000 bicycle helmets to children who need one, with support from community groups, bicycle safety organizations, police departments and schools which organize bike helmet giveaways.

Wearing a properly fitted bicycle helmet is the best way for cyclists to protect themselves against head injuries from falls and bicycle accidents. Under the law, anyone who is 16 years of age or younger in Massachusetts is required to wear one while riding.

A front page story in Massachusetts Lawyers Weekly reported that judges in the Commonwealth have embraced attorney-panel voir dire. The process was introduced in February 2015 and in the first year, lawyers conducted panel voir dire in 14 percent of Superior Court jury trials.

Speaking at a recent Massachusetts Bar Association voir dire workshop organized by Attorney Marc L. Breakstone, Judge Maynard M. Kirpalani reported that just over 700 impanelments were conducted in a one-year period and 14 percent or roughly 100 cases employed panel voir dire. Some 56 percent involved attorney-conducted voir dire of individual jurors; and 30 percent were judge-only voir dire.
There was a pilot project for a group of judges to use panel voir dire in most cases, except for life-felony matters or cases with good cause not to use it. While 15 Superior Court judges were part of the program, 38 of the 80 judges ended up trying panel voir dire.

reza-breakstone-web.jpgBy Reza Breakstone

In a major victory for the rights of injured workers, the Supreme Judicial Court ruled today that pain and suffering damages, to which injured workers are entitled in their accident cases, are not subject to liens from workers’ compensation insurance companies. As a result of the ruling, workers will be able to keep more of their personal injury settlements and verdicts.

Until today, there was confusion over the relationship between workers’ compensation liens and damages paid by a third party to employees for worksite injuries. If an employee gets injured, he or she is entitled to workers’ compensation for lost wages, medical bills, and other specific damages. But workers’ compensation insurance does not pay for pain and suffering damages.

20151201 trampoline.jpg

Each year, the 10 Worst Toys list is released to help holiday shoppers steer clear of unsafe toys. This year, the authors warn shoppers about everything from trampolines, popular movie toys and playsets which have small choking hazards.

The annual list is compiled by W.A.T.C.H. This year’s list includes:

Skipit’s Wheely Cute Pull Along
Every child loves a cute puppy, but this toy has hub caps which come off the wheels and pose choking hazards for young children. This product is marketed to children six months and older and is made by Bunnies By The Bay. Certain lots of this product were actually recalled on June 16, 2015. However, W.A.T.C.H. reported a similar toy was purchased online after the recall, so this risk may still be on the market.

Foam Dart Gun
This gun is manufactured by G.D. Jiefeng Toys and is marketed to children ages 3 and up. It is sold on Amazon.com and Ebay. W.A.T.C.H. says, “In today’s world, there is no excuse for outfitting children with realistic toy weapons designed to produce potentially dangerous and unnecessary thrills. Existing regulations addressing the hazards associated with such ‘toys’ are inadequate.”

Stats 38″ Quick Folding Trampoline
Toys R Us manufactures and sells this trampoline, which is marketed to age 6 and older. Trampolines are associated with spinal cord injuries and this one even has a warning stating, “Landing on the head or neck can cause serious injury, paralysis, or death, even when landing in the middle of the bed.”

Splat X Smack Shot
This $10 toy looks fun, but it actually poses the potential for serious eye injuries to the child using the toy and others around him. The toy, which is made by Imperial Toy LLC, comes with ammunition with can fire up to 100 feet away. It is sold at Walmart, Amazon.com and Kmart.

Poo-Dough
This $4.99 toy was included in W.A.T.C.H.’s list because it only has an allergy notice on part of the packaging.

Kick Flipper
This is basically a plastic board marketed as a “skateboard without wheels.” The packaging shows pictures of children using the Kick Flipper as they would a skateboard, but they are not wearing helmets or safety gear.

Leonardo’s Electronic Stealth Sword
This toy can cause facial and other impact injuries. It is manufactured by Playmates international Company Ltd and marketed to children ages 4 and up. It is sold by Toys R Us, Amazon and Ebay.

Kid Connection Doctor Play Set
This $5 play set is sold at Wal-Mart, Amazon.com and Ebay. It is recommended for children ages 2 and up, but includes a small “tongue depressor,” which is 4 ¾ inches in length and could cause a choking hazard.

Pull Along Zebra
This toy poses a strangulation risk. It has a 21-inch cord and is marketed for children 12 to 36 months old. The toy is made by Early Learning Centre and sold at Amazon.com, Kmart, Brookstone and Village Toy Shop. It carries this warning: “Remember babies and young children have no idea what is dangerous or potential harmful, so supervision is important…”

Jurassic Word Velociraptor Claws
This $19.99 toy is marketed to 4-year-olds who want to “claw like a raptor!” The packaging warns there is a choking hazard and small parts will be generated. There are no warnings about potential facial or eye injuries. The claws were manufactured by Hasbro and are sold by Target, Amazon.com, Toys R Us, Walmart and Kohl’s.

Read more on the 10 Worst Toys of 2015 List.

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cyclist-pedestrians.jpgSafety for pedestrians and drivers was in the spotlight this winter, as Boston endured a record snow fall and everyone stood divided by the tallest of snowbanks. Now, as the snow starts to melt, cyclists are back out too and we want to take a moment to share a few safety reminders.

Safety was a priority this winter because Massachusetts saw many car accidents, even though state officials called multiple snow emergencies, and many schools closed, to keep the roads clear. We also saw at least two fatal pedestrian accidents. In Weymouth, a woman was hit and killed by a snow plow as she walked in the parking lot of her condominium complex. A 60-year-old employee at a Medford Whole Foods store also was killed, hit by a snow plow in the parking lot, leaving after his work shift.

Safety advocates made progress on protecting cyclists and pedestrians in 2014. This will serve as a strong foundation as we dig out from this harsh winter. In Boston, the city has implemented a truck safety ordinance, requiring that city-contracted trucks use sideguards and other protections aimed at protecting pedestrians and cyclists.

MassBike and other safety advocacy groups have also proposed new legislation which may get attention after this hard winter. If passed, the Bike Lane Protection Bill would make it illegal to block established bike lanes. The Vulnerable Road Users Bill would define pedestrians, cyclists, emergency personal and others as vulnerable road users and define a safe-passing distance for them.

Here are a few safety tips and facts to remember for pedestrians, cyclists and drivers:

Pedestrians

  • Pedestrian accidents are too common. On average, in 2013, a pedestrian was killed every two hours and injured every eight minutes in traffic crashes, according to the National Highway Traffic Safety Administration (NHTSA).
  • Walk on the sidewalks whenever possible. If a street only has sidewalks on one side, cross over.
  • If you have to walk on the street, walk so you are facing oncoming motor vehicle traffic. Walk as close as you can to the curb to increase the space between you and traffic.
  • Use crosswalks whenever they are available.
  • Limit use of cell phones, iPods and music players.
  • A common misperception is most pedestrian accidents happen at intersections. That is not true. Some 69 percent of pedestrian accidents occurred at non-intersections in 2013, according to the NHTSA.
  • Some 10 percent of pedestrian accidents happened off the road, in areas such as parking lanes/zones, bicycle lanes, shoulders/roadsides, driveway access and similar areas.
  • In the Spring of 2013, most pedestrian fatalities, 25 percent, occurred between 9 to 11:59 p.m., according to the NHTSA. Another 22 percent occurred between 6 to 8:59 p.m.
  • If you walk at night, purchase a neon glow vest so you stand out to traffic. Even if you never wear it, it pays to be prepared.

Bicyclists

  • Wear a bike helmet which meets the safety standard of the Consumer Product Safety Commission and properly fits.
  • Cyclists follow different rules than pedestrians. Go with the flow of traffic, traveling in the same direction as cars, on the right side of the road. Up to two cyclists can ride in the middle of the traffic lane abreast if necessary to stay safe, but you should move back onto the side of the road single file when you can safely do so.
  • State law prohibits biking on sidewalks in business districts. Not every city and town has a designated business district. But assume you are not allowed to ride on the sidewalk or ask the local police department for guidance.
  • Cyclists must use hand signals to communicate to drivers, unless it would be unsafe to do so. You can view this video to learn the proper hand signals. Cyclists should also use a bell to let pedestrians know they are approaching.
  • Watch out for dooring. This is when a car parks and the driver opens their door and hits you as you pass through. It is against the law, but it happens often.
  • You are required to use a white headlight and red taillight or rear reflector if you ride anytime from a half hour after sunset until a half hour before sunrise.
  • If you ride at night, consider purchasing a neon safety vest or clothing so you are more visible drivers..
  • If you are involved in a bicycle accident, file a police report, even if you do not think you are seriously injured at first.
  • Many drivers may not stop after cycling accidents. If you are hit and the driver does not stop, immediately contact police and file a police report.

Motor Vehicle Drivers

  • Look for cyclists and pedestrians at every intersection and yield to them.
  • Drivers must pass bicyclists at a safe distance. If you cannot, you must wait until it is safe to do so or change lanes.
  • Obey all traffic laws and signals. Look for areas designated as school zones. Reduce your speed and take extra care on these roads.
  • Do not park in bike lanes.
  • Do not use your cell phone in the car. It is against the law in Massachusetts for drivers to text and drive, but the best practice is not to use it for telephone calls or other reasons either. It only takes a few seconds to cause a distracted driving car accident.
  • A very dangerous practice is dooring. This is when a driver parks their car and opens the door without looking and hits an oncoming cyclist. It is against the law and violators can be fined. But drivers may also face a steeper penalty, a personal injury lawsuit, because cyclists can be seriously injured and the injuries can require months of recovery and hospital bills.

More Cycling Safety Resources

These are just a few rules of the road. To learn more, visit:

Shifting Gears: Bicyclists and Public Safety. Produced by MassBike, the Massachusetts Department of Public Health and the Boston Police Department.

Bike Safety in Massachusetts, Breakstone, White & Gluck.

What Every Massachusetts Bicyclist Needs to Know About Car Insurance, Breakstone, White & Gluck.

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The Boston Bikes’ Roll It Forward program has kicked off another season of important and fun work. On Tuesday, Roll It Forward gave away 59 refurbished bikes to children ages 5-7 who needed one. The donation was part of “Bike Day” at the West Broadway housing development in South Boston and is one of many Boston Bikes will organize this year.

Children at the housing development were asked in advance if they wanted to receive a bike. On Tuesday, they waited in line, got to choose a new bike helmet, and then were presented with a bicycle refurbished just for them. They also got to meet Boston Mayor Martin Walsh, who helped hand out bikes and played basketball with the kids.

From there, the children got to practice on an obstacle course with help from volunteers, as their parents, grandparents and friends cheered them along. There was plenty of activity for other cyclists too. Boston Bikes was selling $5 subsidized memberships for the Hubway bike share program and provided free safety inspections for 31 cyclists. Another 10 residents used the event to give back, by donating their own bikes to help Roll It Forward.

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