Discouraging Underage Drinking and Driving Accidents in Massachusetts

Teenager drinking beer and holding a car key, contemplating the dangerous idea of driving
Teen considering drinking and driving, a leading cause of teen car accidents.

Teens are more likely to be killed in an alcohol-related crash than anyone else on the roads, according to the CDC.

Teen Driver Safety Week is Oct. 18-24, 2020. Breakstone, White & Gluck is sharing articles to encourage parents and teens to collaborate and discuss safe driving decisions.

As every parent well knows, it is not easy to talk to your teen about safe driving decisions. You may talk, while your teen just looks at your car keys. Despite the challenges, we encourage you to be patient and stay the course in these conversations, especially when it comes to discouraging drinking and driving.

Talk to your teen about their responsibilities. In Massachusetts, teens who are between 16 ½ and 18 are eligible for a junior operator’s license. Teens face special restrictions, such as they cannot carry friends who are under 18 without supervision for the first six months of driving. They are also banned from driving between midnight and 5 a.m. Like all drivers, junior operators are not allowed to drive under the influence of alcohol or drugs  under any circumstances. They can face criminal penalties for operating to endanger/recklessly or while negligent. But the greatest danger is teens who operate while impaired are more likely to cause a drunk driving accident due to their impairment and poor choice.

We are writing about this because teens are more likely to avoid drinking and driving when they make the decision in advance, with a parent’s support, not to drink until they are 21.

Teach teens to respect the legal drinking age. In Massachusetts, you must be at least 21 years old to legally consume alcohol. Make sure your teen knows you expect them not to drink until they reach the legal age. Let them know they can talk to you or another family member if they face pressure to drink or someone offers them alcohol.

Be honest about why you want your teen to avoid alcohol. Explain that you want them to live the best life they can. As a teen, they are still developing physically, cognitively, socially and emotionally. As this happens, teens are still developing their values and their compass for making good decisions.

Consider this: those age 12 to 20 consume 11 percent of all alcohol in the United States, according to the Centers for Disease Control and Prevention (CDC). Because of their inexperience, teens are more likely to consume more drinks than an adult drinker.

Risk for injuries when teens drink and drive. Teens are more likely to be killed in an alcohol-related crash than anyone else on the roads, according to the CDC. In 2016, 1 out of 5 teens involved in fatal car crashes had been drinking.

Teens can put themselves at risk when they drive drunk,  but another danger is when they travel with friends who have consumed alcohol. According to the 2017 National Youth Risk Behavior Survey, 16.5 percent of high school students had traveled with a driver who had consumed alcohol in the previous month. This is a revealing number, but it gets worse.

Unfortunately, drinking and driving just paves the way for other poor decisions. According to the CDC, nearly 60 percent of the drivers age 15-20 who were killed in car crashes after drinking and driving weren’t wearing seat belts. Nearly a third of all male drivers in this age group were speeding when they crashed and 20 percent had been drinking and driving.

A teen who consumes alcohol, then causes a car accident resulting in injury may face criminal consequences. Parents can also be held liable for personal injuries if the victim pursues a claim against your car insurance policy or a civil lawsuit. For a teen, the experience of injuring another person is hard to recover from. It’s incredibly more painful when they were being reckless, such as operating under the influence of alcohol.

What you can offer your teen is support and guidance. Look for a teen-parent driving contract online for help. Review the agreement with your teen and make sure they know that you will always come pick them up if they need a ride. Also let them know that driving mistakes and accidents do happen. But you can’t support unsafe choices like drinking and driving, which endangers them and others on the road.

Other negative effects of teen drinking. The consequences of underage drinking are very real, even beyond driving. Teens who engage in underage drinking are more likely to suffer from social problems, such as high absentee rates and failing grades, face legal problems such as arrest and experience physical fatigue and hangovers, according to the CDC. They are also more likely to become the victim of a physical or sexual assault. There can also be a long term impact on their physical development.

Tell your child what every adult knows: delaying that first drink can make life’s hard experiences a little more manageable. Make sure they know you are proud of them and that they should feel good about their decision.

Never provide alcohol to your teens. On the same note, it is illegal to provide alcohol to your teen and their friends. If you allow your teen or others to drink in your home and someone is injured as a result, you could face criminal arrest and even jail time under Massachusetts social host liability laws. There are many stories of parents who have allowed this or even supplied the alcohol. Sometimes, parents have thought it is better to keep teens close if they are going to drink. But this is a dangerous thought and you could end up financially responsible for a very painful situation.

Likewise, make sure you know where your teen is going and with whom. It doesn’t help your teen to spend time at a friend’s home where alcohol is readily available or where their parents or older siblings are frequently drinking in the home.

Free Legal Consultation – Boston Car Accident Attorneys

At Breakstone, White & Gluck, our lawyers provide aggressive and thorough representation to those injured by the negligence of other drivers across Massachusetts. If you have been injured, learn your legal rights. For a free legal consultation, contact our Boston car accident lawyers at 800-379-1244 or 617-723-7676 or use our contact form.

To learn more about our Project KidSafe campaign and our National Teen Driving Safety Week articles, visit www.bwglaw.com/project-kidsafe.

For Teen Drivers, Fewer Passengers is Safer

Teens driving away in convertible
Driving in groups, teens face greater risks for car accidents.

For safety, teens are not allowed to drive with their friends for the first six months of holding a driver’s license in Massachusetts.

Teen Driver Safety Week is Oct. 18-24, 2020. Breakstone, White & Gluck is sharing articles to encourage parents and teens to collaborate and discuss safe driving decisions.

In Massachusetts, drivers who are at least 16 ½ are eligible to receive their driver’s license after a six-month permit period. Because Massachusetts has a Junior Operator Law, teens do not immediately assume full driving privileges. There are restrictions to help reduce the risk of teen car accidents, including one on passengers.

For the first six months, Massachusetts junior operators are not allowed to travel with friends and others under age 18, unless accompanied by another driver who is at least 21 years old and meets other requirements mentioned in statute below. There is an exemption for siblings and family members. The passenger restriction is a critical part of the law, giving teens more time to learn road skills without the distraction of friends.

M.G.L. c.90 § 8 states, “No person holding a junior operator’s license shall operate a motor vehicle during the first 6 months of licensure while a person under 18 years of age, other than the operator or an immediate family member of the operator, is present in the vehicle unless also accompanied by another person, duly licensed by his state of residence, who is at least 21 years of age with at least 1 year of driving experience and who is occupying a seat beside the driver.”

The passenger restriction should be taken seriously. As we discuss below, the distractions of carrying other teens combined with driver inexperience, can contribute to the risk for car accidents resulting in catastrophic injuries such as brain injuries and paralysis, and death. Car crashes are the leading cause of death among teens, according to the Centers for Disease Control and Prevention (CDC). The junior operator law attempts to give teens more time for practice.

If stopped for carrying unlawful passengers, teens can lose their license for 60 days for the first offense. For the second offense, drivers face a 180-day license suspension and must attend driver attitudinal retraining. There is a one-year license suspension and driver attitudinal retraining for subsequent offenses.

More Passengers, More Risk for Crashes

Research has shown teens need the extra time driving without their friends.

Compared to no passengers, a 16- or 17-year-old’s risk for death per mile increases 44 percent when they carry just one passenger under the age of 21, according to the AAA Foundation for Road Safety. The risk doubles when a teen driver carries two passengers younger than 21. The death rate quadruples when there are three or more passengers.

The older the passenger, the less risk for a car accident. There is a 62 percent decrease for a crash when a passenger age 35 or older is aboard. Take this statistic as motivation to give your teens the keys as you ride along. If you develop a good routine with them, you can help them build a full range of driving skills.

As they become more skilled, reward them by letting them drive to new places – a special lunch spot or a scenic view. This helps them build skills, learn responsibility and find some enjoyment from driving. With more time, they can practice fundamentals, such as how to turn through that intersection near your home, how to check for cyclists and how to stop for pedestrians at crosswalks. When teens drive with their friends, they are less likely to give these things their full attention.

Come Up With a Driving Plan for Your Teen

The takeaway is come up with a plan for your family. If your teen just earned their Massachusetts junior operator license, the state says they are not allowed to drive with friends under 18 for the first few months but that they can drive with their siblings right away. Remember, the law is a guide. This is your choice to make based on what your teen and their siblings are ready for. Your goal is to help your teen steer clear of car accidents. Think about each situation before you say yes.

When your teen is allowed to start driving passengers under 18, take another pause. The data still shows fewer passengers is safer.

You may want to start slow. Allow your teen to drive with just one friend. Choose a friend who is responsible, trustworthy and has a parent whom you know well and shares your views on raising safe and responsible teen drivers.  That parent should also share your views on open communication. If something should happen and your teen should find themselves at risk, you want your teen and their friend to both feel they can call for a ride.

Free Legal Consultation – Boston Car Accident Lawyers

Breakstone, White & Gluck has decades of experience representing by negligent driving in Boston, Cambridge, Quincy and across Massachusetts. Through our Project KidSafe campaign, we work to protect children and families. Each year, we write about National Teen Driver Safety Week to encourage parents and teens to talk about safety on the roads.

If you have been injured and want to consult a Boston car accident lawyer, you can visit our website or contact our attorneys at 800-379-1244 or 617-723-7676 for a free legal consultation. You can also use our contact form.

For Teens, Driving Safely Starts With Seat Belts

Teen driver wearing a seat belt

Teen Driver Safety Week is Oct. 18-24, 2020. Breakstone, White & Gluck is sharing articles to encourage parents and teens to discuss safe driving decisions.

Teen driver wearing a seat beltSeat belts are a simple step for safety. As a parent, you probably remind your child to buckle their seat belt before each ride. But when your teen becomes a licensed driver, you won’t always be there. Still, what you say matters. Teens are twice as likely to wear a seat belt as a driver or passenger when parents set rules and monitor their driving behavior, according to the Teen Driver Source website, which is operated by the Children’s Hospital of Philadelphia.

Tell your teen you expect them to wear a seat belt whenever they travel in a motor vehicle. This includes when they drive and when they are traveling as a passenger. As a second step, put this in writing. Find a teen driving safety agreement with your teen and state this is one of your expectations. If you catch your teen driving without their seat belt, you can step back their access to the keys until you have a discussion.

Seat belts are required by law. Wearing a seat belt is required by law in Massachusetts. Drivers and their passengers must both wear seat belts.

Seat belts protect against deadly force. The goal isn’t to scare your teen. But the reality is cars, trucks and other vehicles are heavy and powerful machinery. We all need to wear seat belts to protect against the potential force of a car crash.

Seat belts reduce the risk of fatal injury to front seat passengers by 45 percent, according to Teen Driver Source. They also reduce the risk of moderate to critical injury by 50 percent.

Seat belts also reduce the risk of ejection from the vehicle. Those who do not wear seat belts are 30 times more likely to be ejected from a vehicle during a traffic crash, according to Teen Driver Source. When a person is ejected from their vehicle, they are more likely to die in a crash. This was the case for 3 out of 4 people.

How seat belts prevent injuries. Seat belts are designed to spread crash forces across the stronger bony parts of the body, including the shoulders, rib cage and pelvis, according to the Institute for Highway Safety (IIHS). They are also designed to prevent occupants from being ejected from a vehicle.

Drivers and passengers should all wear seat belts – to protect themselves and each other. If there is an accident and one of the vehicle’s occupants is not wearing one, they could be ejected and increase the risk of injury to others in the vehicle.

In a frontal crash, drivers and front passengers are left at an increased risk for injury if the back-seat passengers are not wearing seat belts. Exposure to unbelted occupants increases the risk of injury or death to other vehicles by 40 percent, according to the IIHS.

More People Are Wearing Seat Belts in Massachusetts

The good news is more people appear to be wearing seat belts in Massachusetts. In 2018, the state conducted a seat belt usage observation study, reporting 81.58 percent of drivers and front outboard passengers were observed to be wearing seat belts. This was 7.9 percentage points over the year before and the highest ever observed rate in Massachusetts.

To reach this number, the state observed 28,265 drivers and front outboard passengers in 24,2145 vehicles at 147 observation locations. You can learn more by reading the study.

According to the IIHS and other organizations, states with primary enforcement seat belt laws have higher seat belt use rates. In 2019, the IIHS reported states with primary enforcement laws saw 91 percent seat belt use compared to 86 percent. Massachusetts has a secondary enforcement seat belt law, meaning police can stop drivers for traffic violations, then issue citations for failure to wear seat belts. But police cannot stop drivers just because they are not wearing seat belts.

If you are parent or teen, we hope this is good background information. The point is you should wear your seat belt every time you ride – and encourage others to do the same.

Free Legal Consultation – Boston Personal Injury Lawyers

With more than 100 years combined experience, Breakstone, White & Gluck fights for the rights of those injured by the negligence or wrongdoing of others. Our personal injury attorneys specialize in the handling of car accidents, truck accidents and bus collisions in the Boston area. If you have been injured, learn your legal rights. For a free legal consultation, call our attorneys at 800-379-1244 or 617-723-7676. You can also use our contact form.

To learn more about teen driving safety and other topics, please visit our Project KidSafe campaign page.

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Teen Driver Safety Week Time to Talk About Safe Driving

National Teen Driver Safety Week, which takes place from October 14 – October 20, is a good time for parents and teenagers to talk about driving safety.

Traffic crashes are the leading cause of death for teenagers in the United States. Common causes are inexperience, failure to wear a seat belt, drinking and driving, speeding and distracted driving.

Even if you have already had a conversation in the past, we encourage parents to speak to their teens about preventing car accidents and include these points:

Understand the law.The Massachusetts Junior Operator Law places restrictions on drivers from traveling with passengers under 18 during their first six months of holding a license. The lone exception is for siblings. Junior operators are also forbidden from driving between the hours of 12:30 a.m. and 5:00 a.m.

Wear a seat belt. This reminder is always important. Teenage drivers and their passengers have some of the lowest rates of seat belt use, according to the National Highway Traffic Safety Administration (NHTSA).

No talking or texting on the cell phone. Texting while driving is illegal for any person driving in Massachusetts, and using a cell phone while driving is against the law in Massachusetts for drivers under 18. Teens face steep penalties for violations of either law. For first offenses, they face a 60-day license suspension and other sanctions. Suggest your teen put their cell phone out of sight or in the back seat when driving.

Limit food and beverage consumption. Eating while driving is very distracting. Ask your teen not to eat and to limit beverage consumption while driving. Suggest they eat before leaving home or at another safe place.

Limit driving with other teens. Conversation can be distracting for any driver, especially teens who may be excited about enjoying freedom of the road without an adult.

Avoid loud music. Music of any volume can be a distraction while driving, but loud music and adjusting the radio controls can be especially hazardous for teenage drivers.

No grooming. Remind teens they cannot focus on the road while grooming.

No speeding. Remind teen drivers to watch the speed limit, especially in school zones where they may encounter young children.

You can also:

Drive with your teen. Sit in the passenger seat with your teenager on a regular basis and observe how they handle basic driving tasks, such as stop lights, passing other cars, keeping a safe distance on the highway, and changing lanes. By not using or even checking your cell phone, you can set a good example for your teen. Also refrain from heavy conversation. Finally, unless safety is at stake, hold your suggestions until a few hours later, when you are out of the vehicle and they won’t tense up or get anxious behind the wheel.

Additional Resources

Massachusetts Junior Operator License Requirements

Tips on the Massachusetts Junior Operator Law for Parents
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Teen Driver Safety Week

Parent-teen contracts are the focus as the National Highway Traffic Safety Administration observes Teen Driver Safety Week Oct. 17-24.

It’s been well documented that teen drivers face more risks on the road than other drivers. Motor vehicle accidents are the leading cause of death for teens. Teen drivers are involved in three times as many fatal crashes each year as all other drivers.

Safety officials are pushing a number of efforts this Teen Driver Safety Week, including parent-teen contracts, stronger junior operator laws, improving use of seat belts and reducing teen access to alcohol.

Parent Teen Contracts
The parent-teen contracts are available from insurance companies, auto club AAA and government offices. They cover areas such as seat belt use, passengers allowed in the car, alcohol and nighttime driving. While the contracts may offer teens an insurance discount, many advocates see them as a way to involve parents. The Center for Disease Control is stressing parent involvement with its “Parents are the Key” education campaign launched this week.

Junior Operator Law
Attention is also on junior operator laws this week. Massachusetts adopted its Junior Operater Law on January 3, 2007. The law banned teens from driving between 12:30 a.m. and 5 a.m., implemented a passenger restriction and instituted harsh penalties for speeding, drag-racing and negligent operation.

The law was strengthened in September 2010, when Massachusetts teen drivers were banned from using cell phones and other mobile electronic devices.

Seat Belts
Seat belts are important for every driver and passenger. But this point needs to be stressed to teens. According to the National Highway Traffic Safety Administration, teen drivers and their passengers are the least likely to wear safety belt – yet the most likely to be involved in a motor vehicle accident.

Reducing Teen Access to Alcohol
The consequences can be deadly when teens mix alcohol with driving. Among 15- to 20-year-old drivers involved in fatal motor vehicle accidents in 2006, 31 percent of the drivers had been drinking and weren’t wearing a seat belt.

For more information on the Massachusetts Junior Operator Law, click here.

For information about Teen Driver Safety Week, click here.
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