Posts by Breakstone, White & Gluck
Breakstone, White & Gluck Partners with SHIFT Community Bicycle Collective to Protect Kids on Bikes
We welcomed a new community partner to our Project KidSafe campaign this year. SHIFT Community Bicycle Collective is well known in Somerville for its streetside bike education and repair workshops. The organization is a resource for the city’s cyclists, including the youngest riders.
Breakstone, White & Gluck made a donation of bicycle helmets to SHIFT and the organization gave them away a few at a time over the year, as volunteers came across children who needed one. Here are some photos of children who received helmets at Family Bike Day on Sept. 16, outside the Somerville Public Library East Branch. Looks like we have a few more cyclists out there ready to ride safely! That’s the goal, so we are happy to see it. Our thanks to SHIFT for doing such a good job this year.
Over 2,000 Bicycle Helmets for Kids in Somerville – So Far!
Breakstone, White & Gluck has over 100 years combined experience representing those who have been injured by negligence in Massachusetts. We are committed to bicycle safety in Massachusetts and have supported numerous bicycle clubs for more than 20 years. We also promote cycling safety through our Project KidSafe campaign. Since 2013, we have donated over 15,000 helmets to children and partnered with over 40 organizations, bicycle clubs and police departments.
We are committed to bicycle safety in Somerville and have donated more than 2,000 helmets here over the past five years. Each year, we donate bicycle helmets to 5th graders in Somerville Public Schools who complete the CYCLE Kids curriculum. We also partner with the Kiwanis Club of Somerville, donating helmets for kids at the annual Bike Safety Day, as well as Groundwork Somerville and SHIFT Bicycle Collective. It’s been a lot of fun and we are already looking forward to 2018.
Westwood Pedestrian and Bicycle Safety Committee and Breakstone, White & Gluck Team Up for Bike Helmet Giveaway at Westwood Town Day
For the fifth year, the Westwood Pedestrian and Bicycle Safety Committee had one of the busiest tables at Westwood Town Day, which was held on Saturday, Sept. 23 this year. Breakstone, White & Gluck donated 150 bicycle helmets from our Project KidSafe campaign and sent Attorney David W. White out to help fit helmets for the kids. Attorney White is a Westwood resident, former committee member and cyclist so he had a blast. Thank you to all the committee members for donating their time.
Children age 16 and younger are required to wear helmets when riding a bicycle in Massachusetts. Breakstone, White & Gluck recommends cyclists of all ages wear helmets every time you ride to protect yourself from a head injury. If you are a parent, your children are more likely to wear a helmet if you do, so it is even more important. Learn more about our Project KidSafe campaign.
Pedestrian Deaths in Boston are Rising
Pedestrian safety was the focus of several NBC Boston reports last night. One segment was called “Boston’s Crosswalk Crisis” and another was called “Cro$$walk Crisis: Private Funding for Public Ways.” They are worth viewing for anyone who lives or works in Boston. A few figures from the reports:
- Pedestrian deaths rose 15 percent in Boston in 2016.
- Nine pedestrians have died this year, up 30 percent from this time last year.
- In addition to these deaths, 384 pedestrians were hit and required medical attention during the first half of 2017.
The news station also reported that some Boston residents are taking charge and raising funds to build crosswalks. This is not cheap. In the South End, Tremont Street residents are trying to raise $25,000 for crosswalks at the intersection of Tremont and Union Park and Upton and Columbus and Rutland.
As pedestrian fatalities have risen, the City of Boston’s Vision Zero Task Force has been working to make the city safer for pedestrians and cyclists. The task force’s goal is similar to Vision Zero task forces in other major cities – to eliminate transportation deaths by 2030.
The rise in pedestrian deaths is discouraging, especially since the task force was recently successful in lowering default speed limits in Boston. Lower speeds mean fewer accidents because drivers have more time to respond.
The task force had to obtain Legislature approval to lower the city’s default speed limit from 30 mph to 25 mph. Now all cities in Massachusetts can opt-in and lower speed limits if they choose. A number of communities already have, including Cambridge, Somerville, Quincy and Milton.
Boston Pedestrian Accident Lawyers
At Breakstone, White & Gluck, our Boston pedestrian accident lawyers have over 30 years of representing those who have been injured and killed by negligence in Massachusetts. Our attorneys have represented numerous families who have lost loved ones in pedestrian accidents, even in the crosswalk where they should have been safe. In 2005, one of our clients was struck by an MBTA bus right in a crosswalk on Washington Street in the South End of Boston.
Drivers Have to Slow Down
Boston has some of the most congested roads in Massachusetts and many have been taken over by construction over the past few years. Drivers need to take even more care when traveling in the city and watch out for pedestrians and cyclists. Yet they often don’t and the roads tend to be more congested this time of year in Boston and Cambridge, as college students move in and elementary schools re-open.
Walk down any city street and chances are, you will see someone sitting in a car at a traffic light or stopped in traffic, ear to cell phone. In-vehicle devices which allow hands-free talking or map out directions are not always safer, either. When it comes to intersections or at parking garages, shopping plazas or schools, drivers need to give the road their full attention – and slow down.
Contact Breakstone, White & Gluck for a Free Legal Consultation
If you or a loved one has been injured in a Boston pedestrian accident, you may have the right to seek compensation from the responsible driver. Contact us for a free legal consultation at 800-379-1244 or 617-723-7676 or use our contact form.
You can also read about Breakstone, White & Gluck’s recent settlements and awards for clients in pedestrian cases.
Technology Must Make Trucks Smarter Too
Large trucks are a stress for many Massachusetts drivers, especially on busy routes like the Mass Pike. The most challenging situations are when a truck comes up behind you or when one tries to pass you.
There were nearly 415,000 truck crashes in the U.S. in 2015, injuring more than 116,000 people and killing more than 4,060, according to the Federal Motor Carrier Safety Administration.
As phones, cars, drones and apps all make our world smarter and faster, the trucking industry must get smarter too. Let’s be clear: We are not advocating for self-driving trucks, but tools that increase video monitoring, expand the driver’s visibility and provide error warnings are all going to help improve safety.
A new study reports on four advanced safety technologies for trucks. The study, from the AAA Foundation for Traffic Safety, covers:
- Video-Based Onboard Safety Monitoring Systems
- Lane Departure Warning Systems
- Automatic Emergency Braking Systems
- Air Disc Brakes
AAA says these technologies could save up to 63,000 lives per year. For this study, AAA reported on a number of industry studies.
- Video-Based Onboard Safety Monitoring Systems could deploy two cameras. One would record the road ahead and the other would follow the driver’s behavior and performance inside the cab. To provide more thorough monitoring, the study said rear cameras could be added, one to capture the center line of vision and one for each side. According to the data, video monitoring systems may have prevented 38 to 52 percent of large truck safety critical events, 20 percent of large truck fatal crashes and 36 percent of large-truck injury crashes.
- Lane Departure Warning Systems monitor a truck’s position on the road and provide the driver with warning if the truck starts to leave the lane. AAA reviewed 13 studies which found lane departure warning systems were 13 to 53 percent effective in preventing roadway departure, sideswipe, opposite sideswipe and head-on truck crashes.
- Automatic Emergency Braking Systems are designed to prevent trucks from crashing into other cars from behind. The in-vehicle system uses a sensor to look ahead of the truck, then alerts the driver if there is a potential for collision. The driver can use this information to reduce speed or make another driving decision to prevent a truck crash. If the driver takes no action and the system detects a crash is coming, it will take control of the truck’s brakes. AAA reviewed five studies that found automatic emergency braking systems prevent rear-end collisions by 16 to 52 percent.
- Air Disc Brakes can reduce a truck’s stopping distance by up to 30 percent and reduce large truck rear-end collisions by up to 43 percent, according to the reviewed studies. This technology was not widely used in the U.S. for years.
Lower Technology Safety Measures for Trucks
Not every safety measure has to be high tech. Many U.S. cities are considering lower tech truck safety measures. In 2014, Boston approved the nation’s first truck side guard ordinance, requiring city-contracted trucks to use side guards and convex mirrors. Other cities have followed including New York City and Chicago. Meanwhile, the City of Cambridge has equipped its own city trucks with side guards and MassBike, the state’s largest advocacy organization for cyclists, had proposed legislation for a statewide truck side guard law in Massachusetts. But no action has been taken.
Truck side guards block the area below the truck’s cargo, between the wheels, so cyclists and pedestrians cannot get towed under. Read more on truck accidents and injuries to cyclists.
About Breakstone, White & Gluck
If you have been injured, contact the Boston truck crash lawyers of Breakstone, White & Gluck for a free legal consultation. With more than 100 years combined experience, our attorneys have investigated complex truck accidents which have injured drivers, motorcyclists and pedestrians. We have negotiated multi-million dollar awards for our clients. Contact us at 800-379-1244 or 617-723-7676 or use our contact form.
New Protected Bike Lanes for Inman Square in Cambridge
Cyclists riding through Inman Square now have a safer ride home. The City of Cambridge has recently installed separated bicycle lanes on Cambridge Street, from Inman Square to Quincy Street. The lanes are clearly marked, with flex posts creating a barrier between cyclists and drivers.
These lanes should have many benefits. We hope one is to reduce dooring crashes, such as the one that killed Amanda Phillips in Inman Square in 2016. The 27-year-old Somerville resident was riding a bike and collided into a Jeep door which was left open. The impact pushed her into the travel lane, where she was hit and killed by a landscaping truck. The accident happened near Hampshire and Cambridge streets.
Dooring has been against the law in Massachusetts since 2009. M.G.L. c.90 § 14 states, “no person shall open a door on a motor vehicle unless it is reasonably safe to do so without interfering with the movement of other traffic, including bicyclists and pedestrians.”
Breakstone, White & Gluck Celebrates 25th Anniversary
Friends, family and colleagues helped us celebrate 25 years of serving our clients in June.
Photos from the event were published in Massachusetts Lawyers Weekly on August 31, 2017. Subscription required for access.
Cambridge Police Department and Breakstone, White & Gluck’s Project KidSafe Campaign Give Away Free Bicycle Helmets to Children at Rindge Tower Apartments
Just-A-Start, a community development corporation serving Cambridge, treated families at the Rindge Tower Apartments to a Community BBQ with all the best fixings of summer last week. From hot dogs, hamburgers and snow cones to bouncy houses, music and conga lines, the gathering drew more than 150 people from the 273-unit apartment building near Alewife Station.
The Cambridge Police Department participated, distributing safety materials and free bicycle helmets from Breakstone, White & Gluck’s Project KidSafe campaign. Officers distributed and fitted over 80 helmets for children.
“Our thanks to the Cambridge Police Department and the attorneys of Breakstone, White & Gluck for providing the bike helmets,” said Nancy Porcaro, Just-A-Start’s community coordinator. “We were touched by the donation and I feel it was one of the most important components to our annual event. The helmets were a big hit with the families and will go a long way toward protecting the children on bikes.”
About Breakstone, White & Gluck and Project KidSafe
Breakstone, White & Gluck, a personal injury and medical malpractice law firm based in Boston, was founded by Marc L. Breakstone, David W. White and Ronald E. Gluck in 1992. In 2017, we celebrated our 25th anniversary serving our clients.
We founded our Project KidSafe campaign in 2013 with a goal of keeping children safe on bikes. Since then, we have donated more than 15,000 bicycle helmets in Boston, Cambridge, Somerville and across Massachusetts. Our goal is to encourage children to wear helmets every time they ride to prevent head injuries from bicycle accidents or falls. Under Massachusetts law, cyclists under 17 years old are required to wear helmets which meet the Consumer Product Safety Commission standard. But we hope children reached by our Project KidSafe campaign will make helmets a life-long habit.
This is the second year Breakstone, White & Gluck and the Cambridge Police Department have partnered together to promote bicycle safety.
6 Tips for Boston and Cambridge College Students Who Are Moving Into Off-Campus Housing
College students are just days away from starting the Fall semester. In Boston and Cambridge, we urge students to make time for an extra lesson on safe housing. Make sure you understand your rights as a tenant and your landlord’s responsibility to maintain a safe property.
Boston and Cambridge have more than 40 colleges and universities. Because of a shortage in dorm space, many students end up in off-campus housing. Unfortunately, some find themselves dealing with unresponsive landlords who want to collect rent, without doing the work to maintain a property. If you are in this situation, it is important to remember that if a landlord is charging you rent, you have the right to a safe and sanitary apartment.
When a landlord is unresponsive and negligent, it can lead to many problems. It can result in sanitary issues, such as mold, rodents or a bug infestations. It can also lead to broken equipment (for instance, a broken smoke alarm, which needs to be addressed right away).
Porch collapses and fires are two of the most common and serious types of premises liability accidents. As a result of landlord negligence, over the past 10 years, five college students have died in off-campus fires in Massachusetts, according to the state’s website.
Attorney Marc L. Breakstone Questions Voir Dire Rule Change in Massachusetts Lawyers Weekly
Requiring attorneys to get pre-approval to question potential jurors is the “wrong approach,” Attorney Marc L. Breakstone said in a recent Massachusetts Lawyers Weekly article.
Breakstone was commenting on a change to the rules for voir dire in Massachusetts. Judges were long responsible for questioning prospective jurors to determine if they could sit fair and impartial in Massachusetts courts. But in 2014, the Legislature approved the introduction of attorney-conducted voir dire. For the first time, attorneys were allowed to directly question prospective jurors.
Last month, the Supreme Judicial Court approved a revised Superior Court Rule 6, which will impose new restrictions on the voir dire process. The new rule will be effective September 1.
Missing from the new rule are several recommendations submitted by the Massachusetts Bar Association and the Massachusetts Academy of Trial Attorneys (MATA). Breakstone, who sits on the MATA Board of Governors, has long advocated for attorney-conducted voir dire and helped draft the MATA recommendations.
For voir dire to be effective, state court studies have shown the lawyer must be able to maintain a conversational tone with prospective jurors, Breakstone said.
“You cannot have a ‘conversation’ with jurors if you are restricted to pre-approved, scripted questions that a judge will not permit counsel to expand on,” he said.
Breakstone said he is concerned that Rule 6 raises the standard for excusing a juror for cause.
“This new [rule] sets the bar too high,” Breakstone said. “The better approach is to err on the side of caution and, if a juror expresses disqualifying bias, whether it’s mild, moderate or severe, that should be sufficient to excuse them from the jury.”
Read more comments in Massachusetts Lawyers Weekly. Subscription access is required.
About Breakstone, White & Gluck
The Boston personal injury lawyers at Breakstone, White & Gluck have over 100 years combined experience representing those who have been injured by negligence and wrongdoing. If you have been injured, learn your rights. For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.
What Massachusetts Motorcyclists Should Know About Buying Auto Insurance
Motorcyclists, before you start your engines, remember to check your Massachusetts auto insurance policy. Too many motorcyclists do not have enough coverage, which can be a costly and painful mistake if you are ever injured in a crash. For more than 25 years, Breakstone, White & Gluck has fought to obtain compensation for motorcyclists injured by negligent drivers. In recent years, our attorneys have vigorously pursued settlements of $3.75 million, $3.5 million and $1.25 million for three motorcyclists. We write about these Massachusetts motorcycle settlements on our website.
We work with auto insurance policies on a daily basis as we represent those injured on the road. We hope you are never injured, but it pays to plan and understand your auto insurance policy. After an accident, you may have to look to your own insurance policy, even if another driver caused the crash.
In Massachusetts, all drivers and motorcyclists must buy a minimum level of auto insurance. This is known as Compulsory Coverage. Motorcyclists need more and have a few special considerations. Your challenge is to identify what your potential needs would be following a crash. To start, you would need coverage for medical treatment and lost wages. Depending on the nature of your injury, you may be out of work for an extended period or worse, be left unable to return full-time. If you have a family and provide income for their support, you have more to consider.
The good news is you can plan and work with your insurance agent now to make sure your insurance coverage is adequate and that you have the right types. To help get you started, our attorneys have written these articles about Massachusetts auto insurance coverage. As a motorcyclist, make sure to read the section about Medical Payments coverage in our first article:
Insurance Articles for Massachusetts Motorcyclists | |
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Massachusetts Motorcyclists: Buy the Right Types of Auto Insurance to Protect Yourself | |
Understanding and Buying Massachusetts Car Accident Insurance |
About Breakstone, White & Gluck
The attorneys of Breakstone, White & Gluck have over 100 years combined experience representing motorcyclists in the Boston area and across Massachusetts, from Brockton and Plymouth to Cape Cod to Framingham and Worcester. If you have been injured, take the time to learn your rights from one of our Boston motorcycle accident lawyers. Our attorneys can help you answer the key questions you may have following a motorcycle accident, such as “How much is my motorcycle accident claim worth?” and “How long will it take to obtain compensation for my injury after a motorcycle accident?” For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.