Car Accidents
For Cycling Safety: Dutch Reach Method Makes the Massachusetts Driver’s Manual
Cyclists may now ride safer near parked cars, after a recent update to the Massachusetts driver’s manual. On page 109, there is a new title, “The Danger of Open Doors to Bicyclists,” and instructions for the Dutch Reach method of exiting a car.
A common practice in the Netherlands, the Dutch Reach method calls on drivers to park and take three simple steps:
- Check your rear-view mirror.
- Check your side-view mirror.
- Open the door with your far hand, the hand farthest away from the door.
This last step forces drivers to turn their bodies, so they can see cyclists and pedestrians coming from both directions.
A Cambridge man campaigned for the change, which was announced by the Massachusetts Department of Transportation on May 30th. According to The Boston Globe, Michael Charney launched the website dutchreach.org following the death of Amanda Phillips, a 27-year-old barista at Somerville’s Diesel Café. Phillips was riding her bicycle in Inman Square in Cambridge when she struck the open door of a parked Jeep. As a result, Philips was pushed into the street and collided with a dump truck.
This is known as a dooring accident or a car-dooring crash. We have represented numerous cyclists in these accidents, which can cause very serious injuries and are more common than you may realize. According to the City of Boston, dooring accidents accounted for up to 13 percent of all bicycle crashes between 2009 and 2012.
Massachusetts is one of 40 states which have passed dooring laws, according to the League of American Cyclists. Under M.G.L. c. 90 § 14, “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.”
Drivers can be fined $100 for each violation. But the greater penalty is drivers may have to pay compensation to injured cyclists. Read about a recent settlement we obtained for a cyclist injured in a dooring accident in Brookline.
Distracted Driving Study: One in Four Drivers Are Using Cell Phones Before Crashes
Here is another reason for Massachusetts and other states to consider passing laws which ban handheld cell phone use by drivers. A new study reports one in four drivers who crashed was using a cell phone within the previous minute. Cambridge Mobile Telematics released the study last week to coincide with April’s Distracted Driving Awareness Month.
Our country needs a reminder this year. Motor vehicle accident deaths are on the rise, as the National Safety Council reported nearly 40,000 deaths in traffic crashes last year. In fact, the period from 2014 to 2016 saw the largest two-year increase in more than 50 years.
Meanwhile, this year has already seen hundreds of deaths across the U.S. Just last month came a horrific accident in Texas. A driver in Uvalde County, who was texting while driving his pick-up truck, crashed into a church bus, killing 13 people. Texas is one of 5 states which do not ban texting while driving.
New Distracted Driving
Over the past 18 months, Massachusetts-based Cambridge Mobile Telematics tracked about 1,000 car accidents via its smartphone app called DriveWell. Some insurance companies offered customers the app and provided incentives for safe driving.
The app uses a smart phone’s sensors to track driver behaviors, such as the way a phone is held. Drivers in stopped vehicles were not counted. The app tracks distracted driving behaviors at speeds greater than 9 miles per hour. Some 29 percent of the distracted drivers were traveling much faster though, over 56 mph.
Massachusetts is one of 45 states which bans the practice of texting while driving. The state’s ban has been in place since September 2010.
Drivers can still make phone calls, except for junior operators who are under age 18 and bus drivers. Though the Massachusetts state Senate did approve a handheld cell phone ban in 2016, the bill never cleared the state House of Representatives.
Allowing drivers to make handheld cell phone calls is a safety hazard and makes it hard for police to enforce the state’s texting while driving ban. Many argue police cannot differentiate between a driver picking up their phone to make a call or reaching for it to check their e-mail or text messages.
But the DriveWell study gives the state of Massachusetts another reason to consider a cell phone ban. Some 14 states already have these bans, including New Hampshire.
Reducing the Distractions in Your Car
Most people think of distracted driving as cell phone use, texting and checking your Facebook accounts. But the distractions run deeper. Distracted driving is really any behavior that takes your attention off the road, including eating, drinking or being engaged in conversations with passengers that take your attention off the road. Think about your own driving routine. How can you reduce the distractions?
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 car accidents, truck accidents and motorcycle accidents. If you have been injured, learn your rights for seeking compensation. For a free legal consultation, contact our attorneys at 800-379-1244 or 617-723-7676 or use our contact form.
For Massachusetts Motorcyclists, It’s Time for A Pre-Season Safety Check
Motorcycle season is almost here. For riders, this means goodbye snow and cold; hello to the open road.
Good pre-season preparation is essential for motorcyclists. Take some time to inspect your motorcycle and helmet and review the Massachusetts driving manual. Review your auto insurance as well; most drivers and motorcyclists do not carry enough insurance.
Wear a Helmet. Under Massachusetts law, motorcyclists must wear helmets which have been approved by the U.S. Department of Transportation (DOT). Helmets save lives so make sure yours is in good condition. If you have been involved in a motorcycle accident or fall, replace your helmet.
Clothing and Gear. Select the appropriate clothing and gloves for driving conditions.
Licensing and Insurance. Class M licenses are required for Massachusetts motorcyclists. Anyone who is 16 or older may take the Class M exam, unless the Registry of Motor Vehicles (RMV) has taken away your right to operate.
Once you pass the exam, you must obtain auto insurance for your motorcycle. It pays to do your homework here. Under the law, Massachusetts motorcyclists are only required to purchase compulsory insurance. But you can and should also purchase optional coverage for more protection.
We encourage you to ask your insurance agent about insurance laws for motorcycles and about coverage for accidents involving underinsured and uninsured drivers. If you are ever injured and the driver responsible does not have adequate insurance, you may have to look to your own insurance policy to fill in the gap and pay some of your medical bills and other compensation.
Insurance companies do not provide for Personal Injury Protection (no-fault benefits) on motorcycle policies. We strongly recommend that you purchase Medical Payments coverage. That coverage will provide insurance for you and your passenger in the event of an accident.
Follow the Rules of the Road. Massachusetts motorcyclists must follow the same rules as other drivers, but there are some differences. If you have questions, you can quickly check the Massachusetts Motorcycle Manual online.
Defensive Driving. One topic covered in the manual is defensive driving. Commit to keeping a safe distance between you and other vehicles on the roads to avoid a motorcycle accident.
Motorcycle Accident Statistics
- Nearly 5,000 people died in motorcycle accidents in 2015, up 8 percent from 2014, according to the National Highway Traffic Safety Administration (NHTSA). In 2015, 88,000 motorcyclists were injured.
- Motorcycle deaths occurred 27 times more frequently than other fatalities on the road, according to NHTSA figures.
About Breakstone, White & Gluck
The lawyers at Breakstone, White & Gluck of Boston have over 100 years combined experience representing motorcyclists who have been seriously injured by the negligence of drivers. Our attorneys have recently negotiated settlements of $3.75 million, $3.5 million and $1.25 million for injured motorcyclists. Read more about our motorcycle accident case results.
Auto Insurance Too Expensive for Many Drivers
Under the law, Massachusetts drivers must purchase auto insurance before they get behind the wheel. But this is not always cheap. A new study reports auto insurance has become too expensive for 19 million Americans, making it important to shop around so you can find the most coverage for your budget.
The report, “Study on the Affordability of Personal Automobile Insurance,” was released in January by the Federal Insurance Office of the United States Treasury. The Federal Insurance Office (FIO) was created by Congress with the passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. The office is charged with monitoring consumers’ access to affordable insurance products.
The report found basic liability automobile coverage is unaffordable in 845 zip codes where 19 million people live. Households in those areas had average auto insurance costs which exceeded more than 2 percent of average household income.
Massachusetts is the 10th most expensive state for car insurance, according to the Insurance Information Institute. Drivers pay on average $1,007 per year. New Jersey drivers pay the most nationally, with an average expenditure of $1,254.
The cheapest place to drive is Idaho. On average, drivers there pay just $553 for insurance.
Take time to understand your insurance policy. Before you buy car insurance in Massachusetts, remember these points:
Check out our chart. We have developed this chart and article, “Understanding and Buying Auto Insurance in Massachusetts.”
How much insurance do you need? Drivers must purchase Compulsory Coverage, which includes Bodily Injury to Others, Personal Injury Protection (PIP), Bodily Injury from an Uninsured Driver and Damage to Another Person’s Property. But you should also purchase Optional Coverage. Read more about the different types in our article, “Understanding and Buying Auto Insurance in Massachusetts.”
Underinsured and uninsured coverage. While these fall under Optional Coverage, they are essential. Far too often, drivers do not carry enough insurance of their own or outright ignore the law and do not buy insurance. In these cases, you will need to look to your own Underinsured and Uninsured coverage.
Discounts. You may be eligible for a discount if you purchase your auto insurance and homeowners insurance policies through the same carrier. Auto clubs may also offer discounts.
Cycling accidents. If you are a cyclist, you can purchase coverage to protect yourself in a bicycle accident through your auto insurance policy. It may cost more, but it is worth the investment. Many drivers do not carry enough insurance and you may have to turn to your own policy for compensation.
Shop around. This is your right. Massachusetts deregulated the auto insurance market in April 2008, giving drivers the freedom to research the market and find the best policy for their needs. Pay attention to deductibles; often that is where consumers can negotiate lower rates, but you will usually end up paying a higher deductible if you are found at fault for a car accident.
Factors which may increase your cost. Your age, the type of car you drive and the town where you live can all impact the cost of your auto insurance policy. Before you buy your next car, check in with your agent first.
About Breakstone, White & Gluck
The lawyers at Breakstone, White & Gluck have over 100 years combined experience representing those who have been injured in car accidents. If you have been injured, learn your rights. For a free legal consultation, contact 800-379-1244 or 617-723-7676 or use our contact form.
Report: Dramatic Rise in Traffic Accidents in 2016
Driving on U.S. roads became more dangerous in 2016. Preliminary data from the National Safety Council shows more than 40,000 people died in motor vehicle crashes last year, a 6 percent increase from 2015.
- This was the first year more than 40,000 people have died in traffic accidents since 2007.
- According to The New York Times, 2015 and 2016 saw a 14 percent increase in traffic deaths, the largest two-year increase in more than half a century.
- In addition to deaths, an estimated 4.6 million people suffered serious injuries in car accidents last year. The total costs came to $432.5 billion, for motor vehicle deaths, injuries and property damages.
- In Massachusetts, 399 traffic deaths were reported in 2016, a 13 percent increase over the prior year (these are also preliminary figures).
The National Safety Council said lower gasoline prices and an improving economy may be helping to fuel the rise in traffic deaths. Others point to seat belt laws and texting while driving and other distracted driving behaviors.
If you drive, take to the roads safely. Follow the speed limit and make sure everyone in your family puts down their cell phone while driving.
Read our Article: Understanding and Buying Auto Insurance in Massachusetts
Until it happens to you, few people understand the costs associated with a car accident, and the toll on your physical health and emotional well-being. We hope you are never injured, but encourage you to read our article to protect yourself and your family.
Attorney Reza Breakstone Co-Authors Article on Legal Ramifications of Self-Driving Cars in California Lawyers Publication
Attorney Reza Breakstone writes about the legal ramifications of self-driving cars in an article published in the Winter 2016-2017 edition of The Litigator, the official publication of the Capital City Trial Lawyers Association in Sacramento, California. Attorney Breakstone co-authored the article with Attorney Paul Hoybjerg of Roseville, California. In the article, “The Self Driving Car: Science Fiction Becomes Reality, Creating a Legal Quandary,” the authors write the time has come for the self-driving car.
“The self-driving car is no longer a distant dream of an imagined future. It is here, it is now, and it is reality. There already exist automated functions that come standard on vehicles: anti-lock brakes, self-parking, cruise control, and crash avoidance cameras. Automated cars will affect more than simply your ability to tie your tie or apply your make-up on the way to work. They stand to completely change the automotive industry, insurance world, legal market, public transport and city planning, while redefining the American culture of feeling “freedom” behind the wheel.”
The article explains the current levels of automation among vehicles on the market, investments in the industry and ramifications for auto insurers and plaintiffs and defendants in personal injury cases.
“The less thrilling ramifications may be to the bottom line of auto insurers and the plaintiffs’ and defense bars in personal injury cases. Currently, auto insurance premiums account for $200 billion nationwide. The insurance industry, with decreased vehicle ownership and decreased liability issues on the part of the user, will find itself cut out of the equation. Allstate Corp. Chairman Thomas Wilson predicts that driverless cars will have “the most detrimental impact on auto insurance” and one “we don’t want to wait” to figure it out.”
About Attorney Reza Breakstone
Attorney Reza Breakstone joined Breakstone, White & Gluck as an associate in 2015. Learn more about Reza on our website.
Attorney Reza Breakstone: As Long as Humans are Part of the Equation, Tort Law Will Apply to Self-Driving Car Claims
We are reprinting a Letter to the Editor which ran in today’s Massachusetts Lawyers Weekly. The letter was written by Attorney Reza Breakstone of Breakstone, White & Gluck in Boston and J. Paul Hoybjerg of Sacramento, California.
To the editor:
The Oct. 3 page 1 story “PI bar eyes ‘driverless’ technology carefully” raises important questions regarding the future of auto injury claims and the potential impact on tort lawyers.
One of the central questions is: Should all auto injury claims involving a self-driving car be treated as product liability claims? Our contention is no; tort law will be perfectly suited to address claims involving self-driving cars.
Although self-driving cars seem like an imminent reality, they are, in fact, still many years away from hitting the roads en masse. The technology will be phased in like other automatic features on cars. Responsibility for control of vehicles will diminish gradually.
Even after cars become more autonomous, humans will remain involved in many aspects of the operation of the vehicles. For example, there will be times when a person must take over the car or bring it to a stop. One must also keep the car in good condition, not permit operation in adverse weather conditions, and maintain the vehicle according to manufacturer recommendations (i.e., it may be negligent to make after-market changes such as lowering a vehicle or installing a new exhaust or programming chip to increase the speed).
Although product liability claims may be appropriate in certain instances, we are confident that the common law of negligence claims will evolve with the technology. A wholesale transformation of the practice is unnecessary. It is wise to look to trends to predict disruptions in the practice. But the self-driving car need not be that disruptive.
As long as humans are involved in the operation, maintenance, modification or repair of autonomous vehicles, tort jurisprudence will apply.
Reza Breakstone
Boston
J. Paul Hoybjerg
Sacramento, California
Read the Letter to the Editor here or it is available on Massachusetts Lawyers Weekly with subscription access.
Attorney Ronald Gluck Reaches $1.25 Million Settlement for Injured Motorcyclist
Attorney Ronald E. Gluck recently reached a $1.25 million dollar settlement in a case involving serious injuries resulting from a motorcycle accident which occurred in Massachusetts.
Attorney Gluck, who has successfully represented seriously injured motorcyclists for over thirty five years, obtained the full insurance liability policy limits for our client from the defendant’s insurance company.
The motorcycle accident occurred when the offending driver of a sedan made a sudden left turn in front of our client’s motorcycle, cutting off his path of travel and leaving him no room to stop. As a result he crashed into the side of the sedan, and suffered life altering injuries.
Our client, who was obeying traffic laws and was wearing proper motorcycle clothing, suffered severe injuries, including multiple fractures of his pelvis, fractures of his lower leg and an injury to his peroneal nerve which caused significant foot drop. During surgery to repair the fractures, he suffered a complication resulting in major loss of blood among other injuries. Doctors used heroic measures to stop the bleeding and save his life.
The client was hospitalized for weeks and required extensive post hospitalization inpatient rehabilitation. Due to his injuries he was unable to work for several months. When he returned to his employment as an executive at a national company, he remained on crutches and then a cane for several more months. Long distance travel was a struggle for an extended period of time.
The injury to our client’s peroneal nerve remains a lasting injury and he is required to wear a brace in his shoe to enable him to walk steadily on many surfaces. He is also unable to participate in activities such as golf and basketball as he had in the past.
This case was reported in Massachusetts Lawyers Weekly on December 1, 2016.
Our Experience: Previous Motorcycle Accident Settlements
Attorney Gluck has extensive experience representing motorcyclists. His experience includes a $3.75 million settlement for an injured motorcyclist in 2012, which was reported as among the state’s largest verdicts and settlements that year by Massachusetts Lawyers Weekly.
In that case, the motorcyclist was critically injured when a Lexus cut into his traffic lane, causing the rider to slam into the vehicle. The motorcyclist suffered major facial fractures, a concussion, blindness in one eye and orthopedic injuries.
The client was rendered unable to work as a result of his injuries. The proof of his loss of earning capacity by use of expert testimony was critical to Attorney Gluck’s successful resolution of the case for $3.75 million. The loss of earning capacity amount claimed by our client was disputed by the insurance company’s expert, but was proven to be accurate. The case was settled at the end of an all-day mediation, which took place two weeks before the scheduled trial date.
Breakstone, White & Gluck has over 100 years combined experience representing those who have been injured by negligence in auto accidents, truck accidents, bus accidents and motorcycle accidents.
Motorcycle accidents are not the same as other traffic accidents and if you have been injured, it is important to find an attorney who has specific experience obtaining compensation for motorcyclists.
About Attorney Ronald E. Gluck
Ronald E. Gluck is a Boston personal injury attorney who has been practicing law for over 35 years and has obtained multi-million dollar awards for individuals who have suffered catastrophic injuries and damages from acts of negligence. Attorney Gluck has been consistently recognized as one of the top lawyers in the state and has been selected to the Massachusetts Super Lawyers list each year since 2005. Read more about Attorney Gluck.
About Breakstone, White & Gluck
The Boston personal injury attorneys at Breakstone, White & Gluck have over 100 years combined experience handling motor vehicle accident cases resulting in serious personal injury or wrongful death. If you have been injured, it is important to learn your rights. For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.
Massachusetts Social Host Law: Teenagers and Even Parents Can Face Criminal Charges and Financial Losses for Underage Drinking
During prom and graduation season, students should be enjoying their friends and last days of high school. But this time can turn painful if you or your teenager allow underage drinking in your home.
Breakstone, White & Gluck cares about the safety of teenagers on the road and offers these tips and reminders about the Massachusetts Social Host Law, M.G.L. c. 138, § 34.
“Very few parents realize just how much is at stake when they allow underage drinking in their home,” said Attorney David W. White of Breakstone, White & Gluck. “You may have to live with the painful knowledge that you contributed to a car accident which caused serious injury or death. Plus, you may have to serve jail time and could even lose your home to a lawsuit.”
Under the Social Host Law, it is a criminal offense for parents and teenagers to provide alcohol to anyone who is underage for consumption in their home. It is also illegal to allow a minor to bring alcohol from elsewhere to drink in your home.
You can also be charged if underage guests are drinking at other places you control, such as a hotel room, a vacation house, or a rental property.
Consequences
If you are charged under the Massachusetts Social Host Law, you could face a fine up to $2,000, imprisonment for up to a year or both. You may also face a civil lawsuit. Your homeowner’s insurance policy may or may not cover the full amount.
You could also be held civilly liable if you provide your teen alcohol to drink at someone else’s home and they later injure someone while driving.
These Cases Really Do Happen
Teenagers and adults are charged criminally for violating the Social Host Law every year in Massachusetts. For example, in December 2015, a Saugus couple – two teachers – were sentenced to jail for hosting an August 2013 party at their home where teens were drinking. Police learned about the party when a 16-year-old became ill and had to be treated at a local hospital.
The two teachers – one an Everett High School teacher – were sentenced to 30 days in jail, with the balance suspended for two years. During that time, they must stay drug and alcohol free and perform 50 hours of community service.
There have been many other criminal cases in Massachusetts. There have also been civil cases.
Attorney David White provided legal commentary on one 2014 case for Fox 25 TV News. A 23-year-old man was ordered to pay $2 million to the parents of a Salem State College student who consumed alcohol at a party he hosted. She was killed in a car accident after she left, in a car driven by her boyfriend who had been also been drinking at the party. Read this coverage.
Here are a few safety tips for you and your teen:
Tell Your Teen There is Zero Tolerance for Underage Drinking. Tell your teen there is zero tolerance for violating the Social Host Law or any underage drinking. Explain what is at stake for them and your whole family.
Help Your Teenager Plan. Help your teenager develop a safe after-prom or graduation plan. Some high schools or community groups organize events as safe havens where there will be no alcohol.
Have Your Teen Commit to Safety. Ask your teen to sign a pledge not to drink or get in the car with others who have been drinking. Here is one pledge from Mothers Against Drunk Drivers (MADD). You can find others online or create your own.
Also, tell them they must always stick with the schedule when they are out with friends and call you beforehand about changes or unplanned stops.
Safety Code.Finally, have a safety code you can use with your teenager. If they call you during the evening, you can ask them if they feel safe or want to come home. That way you, as the parent, can take the blame for prohibiting any change of plans. Your teen can save face by “blaming” you and telling their friends they cannot go out this time.
About Breakstone, White & Gluck
The Boston personal injury attorneys at Breakstone, White & Gluck have over 100 years combined experience handling serious car accidents. If you have been injured, it is important to learn your rights. For a free legal consultation, contact us at 800-379-1244 or 671-723-7676 or use our contact form.
Attorney Marc Breakstone Interviewed by Fox 25 TV About Accident Reconstruction in Crash that Killed State Trooper
Fox 25 TV has reported the driver who hit and killed a Massachusetts state trooper has left the hospital. He is scheduled to appear in court and be criminally charged, but has not been formally charged yet.
David Njuguna, 30, of Webster, is expected to appear in Dudley District Court in about a month and be formally charged with negligent operation of a motor vehicle, failure to stay within marked lanes and speeding, State Police told the news station. He is currently out free without court bail conditions, though his driver’s license has been revoked.
Fox 25 TV asked Attorney Marc Breakstone, who has represented car accident victims in Massachusetts for 30 years, why criminal charges have not been filed already.
Breakstone said State Police have a defined process for handling accident reconstructions and are following it.
“These are to be considered preliminary charges until the state reconstruction team completes its analysis, issues its determination whether or not negligence was involved in the death of this officer,” Breakstone said.
Additional charges may be filed after the accident reconstruction is complete.
Earlier this month, Njuguna’s car reportedly veered across three lanes of traffic at a high rate of speed on the Massachusetts Turnpike in Charlton, hitting and killing State Trooper Thomas Clardy, who was in the breakdown lane making a traffic stop. Clardy, a 44-year-old father of four, had been a state trooper since 2005.
Njuguna, 30, was injured in the car crash and transported to UMass Memorial Medical Center in Worcester. He suffered a concussion, two broken wrists and a thigh wound in the crash, according to The Boston Globe. Relatives later told a Globe reporter he had no memory of the crash.
Fox 25 TV reported sources said investigators are looking at the possibility that Njuguna intentionally hit the State Police officer’s cruiser.
Breakstone said that would be hard to prove.
“If there is evidence from the state police reconstruction analysis that this was an intentional act he may be charged with murder,” he said.
About Breakstone, White & Gluck
The Boston personal injury attorneys at Breakstone, White & Gluck have over 100 years combined experience handling motor vehicle accident cases resulting in serious personal injury or wrongful death. If you have been injured, it is important to learn your rights. For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.