Posts by Breakstone, White & Gluck
In the Battle for Safety, Cambridge Lowers Speed Limits to 20 MPH
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.
Bicyclist and Pedestrian Deaths Keep Rising
New federal data shows a 2.4 percent reduction in overall traffic deaths last year. But that’s not the full story. The roads were not any safer for pedestrians and bicyclists last year. These groups saw an increase in deaths, now making up nearly 20 percent of all traffic deaths. Many say it’s time to accelerate the conversation on safe road design.
The Washington Post recently reported on the new data, which comes from the National Highway Traffic Safety Administration (NHTSA)’s Fatality Analysis Reporting System.
It shows nearly 36,600 people died in traffic accidents in 2018, a 2.4 percent decrease from 2017, according to The Washington Post. Traffic experts cite several areas of progress. There were fewer deaths caused by speeding and drinking and driving, and a 10 percent reduction in children’s fatalities. Motorcycle fatalities also declined about 5 percent.
What remains troublesome is bicyclists and pedestrians are at high risk. Bicycle accidents and pedestrian accidents are claiming more lives than ever – about 20 percent of all traffic deaths combined. This is a sharp rise, particularly in pedestrian deaths. Just 10 years ago, pedestrians made up 12 percent of all traffic deaths. They now represent 17 percent of all traffic fatalities.
The data shows that 6,283 pedestrians were killed in 2018, a 3.4 percent increase. Another 857 people were killed on bikes or similar non-motorized vehicles, a 6.3 percent increase.
With this new data, many are considering our nation’s antiquated roads, which the Governors Highway Safety Association says were not designed to accommodate so many pedestrians and bicyclists. Over the past decade, cities have encouraged walking and biking as a way to beat the traffic congestion. But use has far exceeded the visions of planners, especially when you considered developments, such as bike-shares, e-scooters and self-driving cars.
The Governors Highways Safety Association further stated that a combination of initiatives would be necessary to improve safety for pedestrians and cyclists, from road engineering to educational approaches.
Pedestrian and Bike Safety in the Late Fall in Massachusetts
This is a challenging time of the year for bike commuters and pedestrians in Massachusetts. The days are getting shorter and darker. And you have to be aware of the statistics. According to the NHTSA data, about 76 percent of pedestrian traffic fatalities occur after dark.
If you walk, consider keeping a neon safety vest in your work bag. Wear it when you go to work and as you leave work. Continue to use crosswalks with traffic signal buttons. Cross with other people.
If you ride your bike, wear your bike helmet and use bike lights. Bike lights are required under Massachusetts law. You must have a white light in front of your bike and a red light in back. Read our article, Facts About Massachusetts Bicycle Laws, to learn more.
Free Legal Consultation – Boston Pedestrian and Bicycle Accident Lawyers
With more than 100 years combined experience, Breakstone, White & Gluck is a leading personal injury law firm in Boston. Our attorneys specialize in representing those injured in motor vehicle accidents, including pedestrians and bicyclists, in Boston, Cambridge and across Massachusetts. If you have been injured, learn your legal rights for seeking financial compensation for your losses, including medical expenses, lost wages and pain and suffering. For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.
After Millions of Recalls, New Safety Standard Proposed for Infant Sleepers
Fisher-Price recalled its Rock ‘n Play sleeper in April.
Last April, Fisher-Price made its jarring announcement: 10 babies had died in its sleepers after rolling from their backs to their stomachs. Fisher-Price urged parents to take children out of the sleepers once they reach 3 months old or begin turning themselves over.
This advisory didn’t stand. Soon thereafter, Consumer Reports published the results of its own investigation, which identified 32 infant deaths. Within the week, Fisher-Price and Mattel, its parent company, had recalled 4.7 million unsafe sleepers.
Now six months later, The Washington Post reports that 59 babies have died in Rock ‘n Play sleepers. At least two other companies, Kids II and Dorel Juvenile Group USA, have recalled their infant sleeper products. At the time of the recall, 5 infants had died on the Kids II sleepers.
Last week, the Consumer Product Safety Commission (CPSC) proposed a new safety standard for infant sleep products. This would limit the seat back angle for sleep to 10 degrees or less.
Why Was the Fisher-Price Rock ‘n Play So Dangerous?
Fisher-Price introduced the Rock ‘n Play in 2009, inventing the category of inclined sleepers, which allowed babies to sleep at a 30 degree angle. From the start, this design completely disregarded the American Academy of Pediatrics’ safe-sleep guidelines, which recommend babies sleep on their backs in an empty crib or bassinet to avoid accidental suffocation.
One problem was Fisher-Price didn’t do thorough safety testing or consulting with medical experts. But you can’t overlook the fact that Fisher-Price has been a giant in children’s products and how that influenced the discussion. As one pediatrician told The Washington Post, “This is not something I’d recommend using. But parents see that it’s from Fisher-Price and think, ‘They wouldn’t be able to sell anything that isn’t safe.’ ”
New Research Findings
The CPSC asked an assistant professor of orthopedic surgery who specializes in infant biomechanics to lead a study on inclined sleep products. The professor is based at the University of Arkansas for Medical Sciences. She and her team found evidence that babies age 2-6 months on average who were placed in inclined sleep products were at a higher risk of suffocation, when compared to a flat crib mattress.
- Her team concluded that none of the inclined sleep products tested were safe for infant use.
- The university team suggested the angle of the incline be no more than 10 degrees. The lying surface should be flat and rigid, not soft or plush-like.
- The team reported that babies who were placed on their stomach in their sleepers or who rolled over had to exert as much as 200 percent more core strength than those on a flat crib mattress.
- Finally, the university team reviewed police reports and interviews from 91 cases of infant suffocation. In many cases, the caretaker reported they had never seen the infant roll over before.
This was a recurring point in the team’s findings. Many of the children were rolling over for the first time when they were found.
Here is additional information for further reading:
UAMAS Research into Baby Biomecanics Shows Issues with Infant Inclined Sleepers, University of Arkansas
After Infant Deaths, Fisher-Price Rock ‘n Play Sleeper is Recalled, Massachusetts Injury Lawyer Blog
More Infant Sleep Products Linked to Deaths, Consumer Reports
Consumer Product Safety Commission: No More Inclined Sleepers, Chicago Sun Times
Free Consultation – Boston Product Liability Lawyers
With more than 100 years combined experience, Breakstone, White & Gluck specializes in plaintiff representation in product liability cases. We represent clients throughout Massachusetts, from Boston to Cambridge to Plymouth, Brockton and Cape Cod to the North Shore.
If you have been injured, learn your legal rights. For a free legal consultation, contact our firm at 800-379-1244 or 617-723-7676. You can also use our contact form.
Breakstone, White & Gluck Donates Bike Helmets to Bristol County Sheriff’s True Course Youth Program
Breakstone, White & Gluck was pleased to donate our Project KidSafe bike helmets to Bristol County Sheriff Thomas M. Hodgson’s True Course Youth Program earlier this fall. The program offers youths ages 11 to 14 with a full line-up of outdoor activities aimed at teaching valuable lifelong skills.
National Teen Driver Safety Week is October 20-26, 2019
National Teen Driver Safety Week will begin Sunday. While your teen may learn about this topic at school, parents can also become involved and learn alongside teens. Parents influence their children in many ways. If you can influence the discussion on safe driving, you could save a life.
It’s a well-known and tragic fact: motor vehicle crashes are the leading cause of death for teens. In 2017 alone, 2,526 teens were killed in crashes, according to the to the National Highway Traffic Safety Administration (NHTSA).
This is the 12th year that National Teen Driver Safety Week has been observed. Two Pennsylvania lawmakers, Congressman Charlie Dent (R-PA) and Senator Bob Casey (D-PA), introduced the legislation establishing the annual event in October 2007.
National Teen Driver Safety Week highlights many topics, including graduated licensing laws, distracted driving, speeding and obeying fundamental traffic laws. It also provides resources on helping teens through their first few weeks as a licensed driver, along with handling stressful and emotional driving situations, including car accidents. Visit teendriversource.org to learn more.
State Graduated Driver Licensing (GDL) Laws
We are going to write about graduating licensing laws because these are the foundation for teaching teens to drive safely. All 50 states have a law in place, but these vary in restrictions, according to the Insurance Institute for Highway Safety (IIHS). Florida was the first state to adopt a graduated licensing law for teens in 1996. Massachusetts lawmakers approved a Junior Operator Law in 2007, which increased driving training requirements and penalties.
The law places restrictions on teens with licenses between the ages of 16 ½ and 18. First, as you may know if you are a parent, teens have to obtain a learner’s permit. Next comes 30 hours of classroom training on Massachusetts motor vehicle laws and safe driving techniques. Beyond the classroom, there is another 18 hours of instruction, including 12 hours behind-the-wheel and 6 hours of observation.
Here are some of the restrictions under the Massachusetts Junior Operator Law:
Passenger Restriction. Teens are not allowed to drive with other passengers under age 18 until they have been licensed for 6 months. There is an exception for siblings.
Night Driving Restriction. Another restriction is teens cannot drive between the hours of 12:30 a.m. and 5 a.m.
Cell Phone Use Restriction. Teen drivers cannot use cell phones or mobile electronic devices. Texting while driving is also prohibited, for all other drivers in Massachusetts.
Teens can expect to receive a significant license suspension if they violate these restrictions. For instance, there is a 60-day license suspension if your teen is caught driving between 12:30 and 5 a.m. There is a 90-day suspension for a first offense of speeding. For the second offense, there is a full-year suspension.
Massachusetts’ Junior Operator Law violations
Visit teendriversource.org for more on National Teen Driver Safety Week.
Fewer Teen Drivers
In recent years, Massachusetts has actually reported a reduction in teen deaths and non-fatal injuries in drivers age 16 and 17. This is a positive development, except when you look closer. There has actually been an increase in hospital rates for crash injuries in drivers between 18 and 20 years old. The state and a Boston Globe analysis attribute this to the fact that many teens are now waiting to get their license until age 18. By doing so, teens can skip driver’s education, which became more expensive and time-consuming when the Junior Operator Law took effect.
If your teen delayed getting their license, make sure they take time to learn the fundamentals and get the practice they need. Driver’s education is a critical component to developing a safe driver.
About Breakstone, White & Gluck – Experienced Boston Car Accident Lawyers
The Boston personal injury lawyers at Breakstone, White & Gluck specialize in representing those injured in motor vehicle crashes in Massachusetts. With over 100 years combined experience, our car accident lawyers have the expertise to guide our clients to the best financial results in case involving motor vehicle accidents and truck crashes.
For a free legal consultation, contact us at 800-379-1244 or 617-723-7676. You can also use our contact form.
Attorney Marc L. Breakstone Reaches $2.15 Million Settlement with Shopping Plaza Over Fatal Crash in Unsafe Parking Lot
Attorney Marc L. Breakstone has settled a wrongful death case involving a crash at a shopping plaza which failed to protect pedestrians. He has settled the case for the victim’s family for $2.15 million.
The settlement is a reminder that retail property owners have a responsibility to take adequate steps to protect customers and other pedestrians in Massachusetts.
Our client was a 73-year-old man who was killed in 2015. That November, he had been leaving a store with a friend and was hit and killed by an 87-year-old driver. The driver had suddenly and unexpectedly accelerated through the parking lot and onto the sidewalk. Our client died immediately from his injuries, while his friend and another pedestrian were also injured.
Attorney Breakstone conducted a thorough investigation into the crash, which was captured on multiple surveillance cameras. Evidence suggested the elderly driver hit the accelerator instead of the brake.
As his investigation developed, Attorney Breakstone determined the owner of the shopping plaza had failed to provide adequate protections for pedestrians in the spot where our client was killed. This was significant because the owner had taken care to set up protections in other areas. Over the years, more than 30 bollards had been placed at the rear and side of the shopping building. Bollards had also been installed in front of another retail store, but not where the accident occurred.
Had the case gone to trial, Attorney Breakstone was prepared to call an engineering expert to testify that this was a breach of industry standards for providing safe walkways.
Read more about this case on our website.
About Attorney Marc L. Breakstone
Attorney Breakstone has established a reputation as one of the top personal injury lawyers in Massachusetts and New England. He has been recognized as a Top 100 New England Super Lawyer, a Top 100 Massachusetts Super Lawyer and a Massachusetts Super Lawyer in Plaintiff’s Medical Malpractice. Read his bio.
Massachusetts Parents: Reminders About Child Passenger Safety Seats
When properly used, child passenger safety seats can reduce the risk of fatal accidents by 71 percent for infants and by 54 for toddlers, according to the NHTSA.
Buying a car seat takes careful research. But most parents agree: the real hardship comes after you try to buckle your child up safely. While car seats are essential, they are anything but easy to use. And if you use them incorrectly, your child is left without proper protection.
All 50 states have laws requiring car seats for children. In Massachusetts, parents must secure their children in a federally-approved seat until they reach age 8 or over 57 inches tall. This is critical because car accidents are a leading cause of death for children ages 1 to 13, according to the National Highway Traffic Safety Administration (NHTSA). For every 32 seconds in 2017, a child under 13 was involved in a passenger vehicle crash.
We are writing about car seats because the NHTSA and other organizations recently observed Child Passenger Safety Week nationwide from Sept. 15 to Sept. 21. If you missed it, we are sharing a few resources and tips. If you are a parent, don’t lose hope. There are a lot of resources out there. The best place to start is with your local police department. Many police departments offer free car seat inspections year-round by appointment.
Selecting a Safe Car Seat
The NHTSA offers a free online resource to help parents select the right car seat. Parents should follow the manufacturer’s recommendations on age, weight and height recommendations for selecting car seats. NHTSA Find & Compare Car Seats
Types of Car Seats
Rear-facing seats. The NHTSA encourages children to use rear-facing seats up until age 3 or they reach the top of the manufacturer’s height and weight requirements. Always check your product manual for this information.
For the first 8 or 9 months, children should ride in rear-facing infant seats. The NHTSA then advises a move to a convertible or all-in-one seat, and that parents keep children rear-facing as long as they can.
As we said, it’s important to read your product manual and the manufacturer’s instructions. In past years, the recommendation was to keep your child in a rear-facing car seat until age 2. But new research has led to a new recommendation. In 2018, the American Academy of Pediatrics announced children can remain in rear-facing seats until they reach 40 pounds or more. While every child is different, this often comes after a child’s second birthday.
Forward-facing seats. Next, children will move into a harness and tether seat. This type of seat limits their forward movement if the car crashes. There are three types of forward-facing seats: convertible, combination and all-in-one.
Booster seats. These give children a boost so they can sit taller and safely use seat belts.
Without booster seats, seat belts can seriously injure children, causing abdominal bruising and injuries. Compared to seat belt use alone, booster seats are shown to reduce the risk for injury by 45 percent in children ages 4 to 8, according to the Centers for Disease Control and Prevention (CDC).
As with the other car seats, there are several types of booster seats: booster seats with high backs, backless booster seats, combination seats and all-in-on-seats.
In 2008, Gov. Deval Patrick signed the Massachusetts Child Passenger Safety Law, adding the booster seat requirement until children reach age 8 or 57 inches tall. At that point, children can move to regular seat belts in the back seat.
Making this transition earlier can leave your child without proper protection and vulnerable to injury. Unfortunately, parents are making this mistake. About 26 percent of children were moved to seat belts too early, according to the NHTSA.
Car Seat Registration and Expiration
Make sure to register your car seat with the manufacturer so the company can contact you if there is a recall. Car seats are frequently recalled and these can be widespread recalls, including mislabeling or defective parts. In 2014, Graco recalled 3.7 million car seats due to defective buckles, disrupting families across the country.
Remember, car seats have expiration dates. Look for the sticker at the bottom. The expiration date should be about six years from the manufacture date.
Never use a car seat beyond the expiration date. While the seat may appear to be in good condition, the plastic and other parts wear from daily use and exposure to sun, making the product less effective in protecting your child.
About Breakstone, White & Gluck – Boston Personal Injury Attorneys
Breakstone, White & Gluck has over 100 years combined experience representing those who have been injured and killed by the negligence and wrongdoing of others, including by car accidents. In 2013, we launched our Project KidSafe campaign to offer education and safety resources for children and families in Massachusetts. Learn more about Our Attorneys and our Project KidSafe campaign.
If you have been injured by someone else’s negligence, learn your legal rights from one of our attorneys. For a free legal consultation, call 800-379-1244 or 617-723-7676. You can also use our contact form.
Ford, GM and Nissan Make Auto Recall Headlines in 2019
Nissan has recalled 1.23 million vehicles because the backup camera displays are not working properly (Sept. 2019)
It is always wise to stay informed about your car and to regularly check for auto recalls. This was the lesson of the past decade and is sound advice again in 2019, as General Motors, Ford and Nissan have announced new safety defects.
General Motors Recalls
General Motors (GM) has issued several recalls during 2019, most notable 3.5 million SUVs and trucks with faulty brakes. This recall was announced in mid-September and was associated with 13 related injuries and 113 car crashes, according to Consumer Reports. This was a known problem in some GM models, including the Chevrolet Silverado, GMC Sierra pickup trucks and the Chevrolet Tahoe.
The National Highway Traffic Safety Administration (NHTSA) has been investigating since November 2018, when it received complaints. General Motors has been repairing vehicles since December 2018. A Canadian recall was issued in June.
The GM vehicles have a defect with a powered brake-assist system, potentially impacting the amount of pressure required to stop. There are several warning signs: drivers may experience a vibrating brake pedal, hear a ticking noise or see a message reading “Service Brake Assist” on the dashboard. GM dealers can re-program the braking software at no charge.
Nissan Recalls
Don’t trust the backup camera display if you are driving a Nissan. The automaker has just recalled 1.23 million vehicles – including many of its most popular models – because the backup camera displays are not properly returning to their default settings. This recall involves 2018 and 2019 models of the Nissan Altima, Nissan Murano, Nissan Pathfinder, the Infiniti and numerous other models. No injuries were reported. Read more.
Ford Recalls
Ford has also made negative headlines. Back in January, the automaker called back 953,000 vehicles worldwide as part of the ongoing Takata airbag recall. More than 782,000 vehicles were in the U.S. market. The recall covers 2010 through 2014 models, including the Ford Edge, Ford Ranger, Ford Fusion, Lincoln MKZ, Mercury Milan and the Ford Mustang.
Automakers continue to recall the Takata airbags, which have caused dozens of deaths and hundreds of serious injuries. The deadly recall has now touched 41.6 million vehicles, according to the NHTSA. While these recalls were first announced years ago, the NHTSA says the repairs must happen in phases over time. Priority has been given to the oldest vehicles in Florida and other warm weather states.
In August, more bad news and another recall. Ford announced that more than 550,000 more trucks and SUVs in North America had glitches – the backseats were not providing proper restraints. Among the vehicles: certain 2018 through 2020 models, including F-150 pickups, Super Duty trucks, Explorer SUVs and Expedition SUVs.
Toyota Recalls
In August, Toyota recalled 135,000 Corollas and Matrix hatchback vehicles from model years 2005 to 2008, according to Cars.com. These vehicles had airbags which needed replacement due to the Takata recalls, but these repairs were previously made and were not related to the latest recall.
Check Your Vehicle for Safety Recalls
You can visit the NHTSA website to check if your vehicle has been subject to a recall.
Boston Product Liability Lawyers – Free Legal Consultation
With more than 100 years combined experience, Breakstone, White & Gluck is known as one of the best personal injury law firms in Massachusetts. We have extensive experience handing cases which involve car accidents, truck crashes and pedestrian injuries in Boston and other communities. In some cases, a defective part may contribute to a car crash and injuries. Our attorneys have investigated and aggressively represented clients in these cases, ultimately obtaining the financial compensation they deserve.
If you have been injured in a car accident in Massachusetts, learn your legal rights. For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.
NBC Boston Interviews Attorney David W. White About Hidden Dangers of Electric Scooters
Attorney David W. White was interviewed by NBC Boston and said consumers are surrendering key rights when they enter into e-scooter agreements.
Electric scooters may look like an easy and convenient way to travel. But as they move into Massachusetts, there are definitely words of caution for riders.
Attorney David W. White was interviewed as part of NBC Boston’s coverage on e-scooters. He told NBC Boston’s Ally Donnelly that riders are often unaware of how vulnerable they are. If they are injured, they may look to their health insurance plan for coverage. But if they hit a pedestrian or cause property damage, they are on their own.
“You’re putting everything in the hands of the company and preserving essentially no rights for yourself whatsoever,” Attorney White said.
When riders accept a scooter company’s user agreement, they agree to resolve any issues through confidential arbitration with the e-scooter company and the maximum award is $100 – no matter what the situation. In most cases, when someone is seriously injured, they may require medical expenses as well as other damages, such as lost wages and pain and suffering.
But he said, “The most they will ever give you if they give you anything is $100.”
NBC Boston interviewed scooter riders in Brookline who admitted they hadn’t read the user agreement. While it appeared tiny on a cell phone, NBC Boston found one agreement actually printed out to 50 pages.
Attorney White said, “Our legislature is a decade behind this issue. Our insurance industry is a decade behind this issue. Everyone should care about this.”
The Boston City Council approved scooter regulations last March. Meanwhile, the Town of Brookline launched its e-scooter pilot program last April, bringing 200 scooters to the road. The program continues through mid-November.
In Massachusetts, Debate Continues on Ignition Interlock Devices for First-Time Drunk Drivers
The Massachusetts Legislature is being asked to reconsider a ignition interlock law for first-time OUI offenders.
Many of us recall when Massachusetts passed Melanie’s Law to increase penalties for drunk drivers. This was a landmark bill aimed at preventing drunk driving injuries and deaths.
Yet today, when it comes to drunk driving laws, Massachusetts now falls behind some expectations. While ignition interlock devices are mandatory for repeat drunk drivers, they are not required for first-time offenders.
Each year, Mothers Against Drunk Driving (MADD) asks Massachusetts lawmakers to extend the requirement to first-time offenders. According to the advocacy organization, 119 people are killed each year in Massachusetts drunk driving crashes and that drunk driving fatalities account for 31 percent of all drunk driving deaths.
In January 2019, Gov. Charlie Baker and Lt. Karyn Polito included the measure in the administration’s road safety bill. According to the State House News Service, a hearing was held on the bill, but it remains to be seen if we will hear more this year. There was more than one bill filed this year, but no update since the summer.
Massachusetts Drunk Driving Laws
Massachusetts lawmakers passed Melanie’s Law in 2005 and this took effect in 2006. Named for the 13-year-old victim of a drunk driver, Melanie’s Law increased penalties for those charged with operating a motor vehicle under the influence of alcohol or controlled substances. It also increased jail time in drunk driving accidents resulting in serious injury and death.
Melanie’s Law was the state’s introduction to the ignition interlock device, a small unit designed to detect alcohol on one’s breath. The device is electronically connected to the vehicle’s ignition and won’t allow drivers to operate if they are intoxicated. Over the past 13 years, ignition interlock devices have been installed for more than 17,000 drivers, according to Mass.gov.
According to MADD, ignition interlock devices stopped drivers 31,845 times in Massachusetts between December 1, 2006 and December 1, 2016.
State by State: Ignition Interlock Laws
The national debate over ignition interlock devices dramatically changed in 2013. This is when the National Highway Traffic Safety Administration (NHTSA) released new model guidelines encouraging states to pass requirements mandating use of ignition interlock devices for first-time offenders. States were also urged to establish a minimum period of time for use.
According to the National Conference for State Legislatures, 28 states and the District of Columbia now have mandates for all offenders. These include New Hampshire, Vermont and Connecticut. The ignition interlock law is slightly different in Maine. Rather than mandating use, first-time offenders are eligible to get their license back earlier (after 30 days) if they keep the ignition interlock installed for the remainder of their sentence.
Like Massachusetts, Rhode Island requires use of ignition interlock devices for repeat offenders, though there are differences in the state laws.
Federal Law: Ignition Interlock
MADD isn’t the only organization pursuing ignition interlock devices. The Chicago Tribune reported a former NHTSA administrator was before Congress this summer, urging members to pass a law mandating automakers build vehicles with passive ignition interlock devices. According to the official, the technology has been available since 2006 and wider use could save up to 7,000 lives each year.
Breakstone, White & Gluck – Boston Car Accident Attorneys
At Breakstone, White & Gluck, our Boston car accident lawyers specialize in investigating all types of car accidents, including those caused by drunk drivers. With more than 100 years combined experience, Breakstone, White & Gluck has represented numerous drivers who have been struck by intoxicated drivers. In drunk driving claims, the injured person may be entitled to compensation from the at-fault driver’s auto insurance policy. Additional compensation may also be available through other sources, including restaurants, bars and other establishments.
Learn your legal rights. For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.