Posts by Breakstone, White & Gluck
Hit and Run Crashes Reach Record High; Cyclists and Pedestrians Suffering Nearly 65 Percent of Injuries
National Bike Month is a time to celebrate and champion cycling. If you live in Massachusetts, you know the cycling spirit is stronger than ever. But that doesn’t mean conditions are always safe.
In fact, cyclists and pedestrians are at a higher risk now than ever. The National Highway Traffic Safety Administration reports cycling deaths increased 11 percent from 2015 to 2016. Pedestrian deaths rose 9 percent. The AAA Foundation for Traffic Safety recently weighed in with a report on hit and run crashes. The numbers show the toll on pedestrians and cyclists, as well as others on the road.
- There is now more than one hit and run crash every minute in the U.S.
- Nationwide, fatal hit and run crashes have been increasing since 2009, reaching an all-time high in 2016. Some 2,049 people were killed.
- In nearly 65 percent of cases, pedestrians and cyclists were killed.
- All 50 states have hit and run laws, which make it illegal for drivers to leave the scene of an accident.
- According to the Telegram & Gazette of Worcester, there were 186 hit and run crashes involving death in Massachusetts over the 10-year period from 2006 to 2016.
In Massachusetts, leaving the scene of an accident is against the law, under M.G.L. c. 90 § 24 and M.G.L. c. 90 § 26. Drivers can face potential jail time for leaving the scene of a car accident resulting in property damage, even if there is no injury. When there is injury and death, drivers face higher penalties, including up to 10 years in jail if someone is killed.
Beyond the punishment, drivers have a moral obligation to stay at the scene, make sure the victim receives medical attention and help police with their investigation. When they flee, victims have to wait for medical care and the delay could cost them their lives.
In Massachusetts, just in the past month, several pedestrians have been killed by the negligence of hit and run drivers.
In Medford, a real estate agent was walking along Spring Street, when she was fatally struck by a teen driver who was allegedly under the influence of a drug, according to Boston 25 News. The teen – who was operating with a learner’s permit – kept going, then collided with two other people. They were injured, but survived. Their dog was killed in the crash.
Police also responded to tragedies in Lawrence and Revere. In Revere, a woman was struck while walking on Revere Beach Parkway. As she was treated for critical injuries, police searched for the driver. Police in Lawrence made the arrest in a hit and run crash that seriously injured a 30-year-old woman. The 24-year-old driver is accused of operating under the influence when he crossed an intersection, hitting the woman in a crosswalk.
Along with motorists, truck drivers cause an increasing number of hit and run crashes each year. Cyclists and pedestrians can be cut off by trucks and swept under, causing catastrophic injuries and deaths. In Massachusetts, bicycle advocacy groups have pushed for legislation requiring trucks to be outfitted with sideguards. The City of Boston has passed its own truck sideguard regulations.
Drivers who operate rideshare vehicles, such as Uber and Lyft, taxicabs and buses can also cause hit and run crashes. Hit and run crashes can also be caused by teenage drivers, who have less experience and have higher accident rates than other drivers.
As a driver, the best thing you can do is commit to pay attention on the road and travel slowly, giving yourself more time to respond. Turn your cell phone off. Follow traffic laws and look for cyclists and pedestrians on the side of the road. Take special care not to cut cyclists off when turning at intersections. When fatigued, do not drive. Finally, if you are in an accident, do not run. Help the victim by calling 911. That has to be the priority.
About Breakstone, White & Gluck
With more than 100 years combined experience, the lawyers of Breakstone, White & Gluck are experienced in representing cyclists and pedestrians who have been injured in motor vehicle and truck crashes. Our attorneys represent clients throughout Massachusetts, including in Boston, Cambridge and Quincy. We are known for our prompt investigation and aggressive representation for our clients. If you have been injured, learn your rights. For a free legal consultation, call 800-379-1244 or 617-723-7676. You can also use our contact form.
Attorney Ronald Gluck Interviewed by Boston Magazine, Says Video Footage Shows Truck Driver Was Responsible for Dr. Anita Kurmann’s Death
Attorney Ronald E. Gluck was interviewed by Boston Magazine about the truck crash that killed his client, the late Dr. Anita Kurmann. Gluck said he had to wait 20 months after the truck’s collision with the cyclist to obtain the video surveillance from the Boston Police Department. While the Boston Police Department found the truck driver was not responsible, Gluck said his investigation found the truck driver caused his client’s death. Gluck negotiated a financial settlement with the truck driver and his insurance company on behalf of Kurmann’s estate in June 2017.
Attorney Ronald E. Gluck is speaking about the video footage of the 2015 truck crash that killed his client, Dr. Anita Kurmann.
Twenty months after the fatality occurred, the Boston Police Department completed its investigation and concluded that the truck driver was not responsible for the cyclist’s death. The video footage, which came from a traffic camera at the intersection where the tragedy occurred, was in the hands of the police the day the incident occurred. Yet, the Kurmann family and their attorney had to wait twenty months to see the video and to obtain any witness information from the police department, Gluck said. Multiple subpoenas sent to the police were met with a refusal to produce the information until the police concluded it investigation.
“One of the most difficult aspects of the case was that Anita’s family had to wait twenty months to obtain the video footage showing how the incident occurred…Families should have the right to know the facts in these situations,” he said.
Gluck said his own investigation found that the truck driver was responsible for Kurmann’s death.
“Once we were able to obtain a copy of the video and have it analyzed by a highly qualified expert, that expert provided compelling evidence that the conclusion reached by the Boston Police Department was wrong,” Gluck said.
Within 2 months of obtaining the video and witness accounts of the fatality, Gluck was able to demonstrate that the tragedy was caused by the truck driver’s negligence and negotiated a financial settlement with the truck driver and his insurance company on behalf of Kurmann’s estate. The settlement was reached in June 2017.
Gluck added, “I have great respect for the Boston Police Department, but we believe they got it wrong in this case. The truck driver caused the fatality, ending the life of a talented surgeon and devoted family member.”
MassBike also conducted an investigation into the case and concluded that the death resulted from the truck driver’s negligence.
Dr. Kurmann, a 38-year-old endocrine surgeon from Switzerland, was a leading research scientist at Beth Israel Deaconess Medical Center and Boston University School of Medicine. She was hit on an August morning on the corner of Massachusetts Avenue and Beacon Street. The truck driver kept going, but was located out of state later that day.
Gluck has represented plaintiffs in personal injury cases for more than 35 years. He specializes in cases involving catastrophic injury and death resulting from trucking and motor vehicle collisions, bicycle and motorcycle accidents and pedestrian injuries.
Gluck was interviewed in Boston Magazine’s May 2018 issue, for an article called “What Happens When You Kill a Bicyclist?”
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.
Arlington Advocate: Pierce Students Get New Bike Helmets
Read about our recent bicycle helmet donation in the The Arlington Advocate.
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.
Breakstone, White & Gluck Kicks Off 2018 Project KidSafe Campaign, Donates Bicycle Helmets to Children at Arlington Elementary School
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.
[youtube https://www.youtube.com/watch?v=12SVi3PtvOU]
The bicycle helmets were a surprise gift for the 50 students at Pierce Elementary School’s bike safety training. MassBike, Massachusetts Safe Routes to School and the Arlington Police Department participated.
During his talk, Attorney Breakstone spoke to the students about the impact of concussions and his experience as a personal injury lawyer who has represented cyclists who have suffered head injuries.
“A concussion can affect you for your entire life,” he said.
Tom Francis, of MassBike, also urged students to wear their new helmets. “If it’s in your garage or hanging on the wall, your helmet is not doing any good. It has be to on your head.”
Francis covered a number of safety topics, including riding on sidewalks near pedestrians, hand signals and developing a routine.
“Be predictable when you ride your bike,” he said.
Since 2013, Breakstone, White & Gluck’s Project KidSafe campaign has donated more than 20,000 bicycle helmets to children in eastern Massachusetts. We kicked off the 6th year of our safety campaign in Arlington this week. It was our fifth year supporting Pierce Elementary School, where there are no school buses. Students walk, ride bicycles or are driven by their parents.
Through Project KidSafe, we are committed to helping children and families put on bicycle helmets. From our experience as attorneys and cyclists, we know helmets are critical to preventing concussions, traumatic brain injuries and deaths. We want to prevent injuries. For the next few months, we will be working with community partners throughout the Boston area to donate bicycle helmets and educate families about bicycle safety. Each helmet meets safety standards set by the Consumer Product Safety Commission and will be fitted by one of our attorneys or community partners.
Read about the donation in The Arlington Advocate.
About Breakstone, White & Gluck
At Breakstone, White & Gluck, our Boston personal injury lawyers fight for justice for those who have been seriously injured or killed by the negligence and wrongdoing of others. Please visit our website to learn more about our Project KidSafe campaign and our attorneys, Marc L. Breakstone, David W. White, Ronald E. Gluck and Reza Breakstone.
Photos, left to right: Mary Alice Vallarino, parent and event organizer, Attorney Marc L. Breakstone, Tom Francis of Mass Bike, Nicole Edmonds of Massachusetts Safe Routes to School and Macon Lockery, of The Bike Stop in Arlington.
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.
Ford Recall: Drivers Say Steering Wheels Have Come Off While Driving On Highway
Attorney David W. White specializes in personal injury and product liability cases at Breakstone, White & Gluck of Boston.
Ford drivers are gripping the steering wheel anxiously after the automaker’s stunning safety recall this week. 1.4 million Ford vehicles have been recalled because the bolts on the steering wheels can become loose. Ford will repair the vehicles, but not until the end of April at least.
“This recall is very upsetting,” said Attorney David W. White of Breakstone, White & Gluck. “Nothing is more basic to a car than a steering wheel. Automakers have a responsibility to fully test vehicles and all equipment before bringing them to market. They continue to fail drivers.”
This recall affects 2014-2018 models of the Ford Fusion and the Lincoln MKZ. According to Consumer Reports, Ford’s customer-service phone number is 866-436-7332 and Lincoln’s customer service phone number is 800-521-4140.
Ford has said it will replace the steering wheel bolt and install a larger nylon patch to maintain pressure. A company spokeswoman said consumers will be notified by mail the week of April 30th.
In announcing the recall, Ford said it was aware of two car accidents related to the defective steering wheels, one involving injury. This is not the full story though. After reviewing federal records, USA Today reported the National Highway Traffic Safety Administration has received more than 45 reports of the steering wheels becoming loose or falling off, some resulting in car crashes.
One driver said the steering wheel on his 2014 Ford Fusion became unstable and he drifted into a manhole, destroying his vehicle. Others said they had the frightening experience of having steering wheels come loose as they drove down the highway. One driver said all he did was bump the steering wheel with his knee and it came off.
Once a manufacturer determines there is a safety defect, it has 5 days to notify the NHTSA. Automakers are then responsible for recalling defective motor vehicles or equipment.
Americans may associate Toyota, General Motors and Takata with most auto recalls. Yet Ford has made its own headlines for safety defects. Last year, it recalled 1.3 million F-150 Super Duty pick-up trucks with faulty door latches last year. Consumers reported the doors were swinging open while the vehicles were in operation. It also issued smaller recalls fixing more door latches and to stop cars from overheating. The company had received 29 reports of engines overheating and catching fire in some vehicles with 1.6-liter GTDI engines.
At Breakstone, White & Gluck, our Boston personal injury lawyers have investigated serious car and truck crashes caused in part by defective parts. We have over 100 years combined experience representing individuals injured by car crashes, truck accidents and other traffic collisions in Boston and throughout Massachusetts. Many of our car accident and other personal injury cases involve product liability claims and investigation into dangerous and defective products.
| Highlighted Cases | |
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| $3 Million Settlement in Tractor-Trailer Crash Breakstone, White & Gluck negotiated a $3 million settlement for our client, who was hit by a tractor-trailer truck owned and operated by a beverage distributor. Read more about the case and the investigation of the truck. |
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| $1.15 Million Settlement in Defective Fitness Equipment Injury Breakstone, White & Gluck negotiated a $1.15 million settlement for our client who was seriously injured while using defective fitness equipment at a local gym. The trainer who was supervising our client was also negligent in a number of ways. Read more. |
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Contact Breakstone, White & Gluck
If you have been injured, learn your rights. For a free legal consultation, contact our Boston personal injury lawyers at 800-379-1244 or 617-723-7676 or use our contact form.
Study Says Americans Are Checking Smart Phones Every 12 Minutes
Americans are checking their cell phones every 12 minutes, according to new research. This means more distraction, including in the car.
As we wait out this snowstorm, you may be checking your smart phone more than usual. This is understandable. But how often do you check on an average weekday? One report shows Americans are checking their smart phones every 12 minutes or 80 times a day. And between Facebook, Twitter and e-mail, we all know someone who may check even more often.
Use your smart phones as often as you want – except in the car. Please consider these thoughts as you wait out the snow:
Can I receive a ticket for using my cell phone in the car in Massachusetts?
In 15 states, drivers are banned from all cell phone use in the car. In Massachusetts and 46 other states, drivers are banned from texting while driving. Massachusetts has banned texting while driving since September 30, 2010, when the Safe Driving Law took effect. However, talking on a handheld cell phone is legal in Massachusetts, even though any cell phone use can be distracting and cause a car accident.
Drivers can receive a ticket if they are stopped for texting while driving. The ticket comes with a fine of $100 for the first offense, $250 for the second offense and $500 for a third or subsequent offense. Junior operators – drivers who are 16 1/2 to 18 years old – are not allowed to use cell phones at all and face more severe penalties, starting with a 60-day license suspension, a $100 fine and attitudinal retraining for the first offense.
For the second offense, teens can lose their license for 180 days and have to pay a $250 fine. For the 3rd of subsequent offense, they lose their license for a year and have to pay a $500 fine.
How often are people using smart phones?
Very often. Asurion, a global tech company, reported on smart phone user habits last November. The company surveyed 2,000 users and found they reached for their phones on average every 12 minutes or 80 times a day. One in 10 people checked their phone every four minutes. In addition, 31 percent of survey participants had separation anxiety when away from their phones. The longest any participant was prepared to go without their phone? Four hours (that one sounds fairly reasonable to us, if you are not driving).
Participants also prioritized their smart phone over sweets. Some 62 percent said they would rather lose chocolate for a week than their cell phone for a day.
How often are people using cell phones in the car?
Zendrive, a driving analytics company, conducted a three-month analysis of three million drivers. The company reported drivers used cell phones on 88 percent of the trips analyzed. On average, drivers spend 3.5 minutes on the phone per one hour trip.
How can I stop my teenager from texting while driving?
Your teenagers may use their cell phones more often than anyone else in your house. You may want to encourage your teenager to take breaks from their smart phone so it doesn’t have such a strong hold.
You can also make your teen earn their driving privileges. Gradually build up to allowing them to drive with friends or go further than school so they understand that it is a responsibility. You can also explain the law. In Massachusetts, junior operators – drivers between 16 ½ and 18 years old – face harsher penalties for cell phone use and texting. As we mentioned above, they can lose their license on the first offense.
Then, you can share safety resources and tell them you want to save them from the life-changing experience of injuring someone or causing themselves harm. AT&T has its It Can Wait campaign, which shows stories from drivers who made the mistake and the victims who suffered the very serious consequences.
Finally, you can set a good example for your teenager. Always put your cell phone in your bag in the backseat when you are driving with them.
The good news about cell phones is you can turn them off and everyone in your family will be safer. Here are a few tips for when you step back outside after the storm:
- Turn your cell phone off while driving.
- Limit use of Bluetooth devices and infotainment systems. They are legal, but they can still be distracting.
- Take a few apps off your cell phone so you have fewer reasons to reach for your phone.
- If you play games on your cell phone, consider installing them on a different device if you have one. Play them at home.
- Do not be a distracted passenger. Make light conversation or carry a magazine if you are traveling far.
- Ask your family members to put the phone away too.
- Map out your directions before you get in the car. If you are busy, ask your teenager to help you.
- If you must check your cell phone, pull over in a safe place to check your phone. Choose a place where you can safely park and turn off your engine.
- Do not reach for your cell phone or glance at it at traffic lights or intersections.
- Finally, choose your times to engage in social media. Do not actively engage before you start commuting home. Instead, come up with a time each day (or a few times a day) when you can safely respond or chat with social media friends or check e-mail.
About Breakstone, White & Gluck
The Boston car accident lawyers at Breakstone, White & Gluck have over 100 years combined experience representing those who have been injured in motor vehicle crashes in Massachusetts. If you have been injured, learn your legal rights. For a free legal consultation, contact our attorneys at 800-379-1244 or 617-723-7676 or use our contact form.