Motor Vehicle Accidents
Watch for Savings, But Keep Paying Your Massachusetts Auto Insurance Premiums During the Pandemic
It has been nearly a year since Massachusetts called the COVID-19 state of emergency. Your daily routine has completely changed and you are not driving very often. Do you still need to buy auto insurance at this point?
Yes. Under state law, you are required to purchase a Massachusetts auto insurance policy if you have a driver’s license and register a vehicle. If you cause a car accident in Massachusetts, you are responsible for compensating anyone you have injured for their medical expenses and other financial losses. You also have to pay for property damage.
Auto insurers granted Massachusetts drivers some discounts last year, but lawmakers and consumer advocates are starting to raise the question of further discounts.
Calls for Action on Reducing Auto Insurance Premiums in Massachusetts
On Feb. 12th, the Lawrence-Eagle Tribune reported state Sen. Barry Finegold, D-Andover, and other legislators have asked the state Division of Insurance to review insurance rates, premiums and losses. They also want insurers to offer refunds from profits.
Attorney General Maura Healey’s office also recently asked regulators to reduce personal automobile insurance premiums by at least 25 percent, according to the newspaper. Her office cited data showing the frequency of liability coverage claims fell more than 50 percent between 2019 and 2020. There was a 70 percent drop in the frequency of collision coverage claims.
Our Massachusetts Auto Insurance Tips During COVID-19
Purchase the Minimum Auto Insurance
Under Massachusetts law, you have to purchase the required minimum coverage limits. There has been no change to the coverage limits during COVID-19.
- Bodily Injury to Others, $20,000 per person; $40,000 per accident
- Personal Injury Protection (PIP), $8,000 per person, per accident
- Bodily Injury Caused by an Uninsured Auto, $20,000 per person; $40,000 per accident
- Damage to Someone Else’s Property, $5,000 per accident
These are low coverage limits. In most cases, drivers should purchase more to adequately protect themselves and others if they cause a car accident. The key with auto insurance is you must purchase the right amounts and coverage types to protect yourself. Learn more about the different coverages in our article, “Understanding and Buying Massachusetts Car Accident Insurance.”
How Auto Insurance Protects You
Right now, you may be asking why you need to buy an auto insurance policy at all. This is a good time to remind you of all the ways your policy can work for you. Most drivers can appreciate that they are required to purchase auto insurance under Massachusetts law. At the very least, under M.G.L. c. 90, § 34J, you may face a fine between $500 to $5,000 if you are caught operating without insurance. Most drivers can also appreciate that auto insurance can protect them financially if they make a mistake and cause someone injury in a car crash.
But there are other protections. First, you may need your auto insurance to protect yourself. Even if another driver was at fault in a car crash, you may have to file a claim with your own policy for your medical expenses and lost wages. This would be true if you were injured by an uninsured or underinsured driver. This would also be the case if you were injured in a hit-and-run accident and could not identify the driver.
If you are a cyclist, you may be entitled to pursue a claim against another driver for your injuries in a bicycle accident. However, having your own auto insurance policy can provide necessary resources to help you recover, especially if the driver does not have auto insurance.
Another benefit is auto insurance can protect our loved ones or those living in our household. Call your insurance agent and ask to add these licensed drivers to your policy. They may be able to draw on the coverage should they ever be injured in a car crash or a bicycle accident and not have coverage elsewhere.
Keep Massachusetts Auto Insurance Payments Current
It is fine to evaluate your auto insurance. But do not withhold or miss an auto insurance premium payment or you could risk your insurer cancelling your policy. If you are facing financial hardship, one option is you can set up a payment plan over the year. In doing so, you may be losing a pre-payment discount, but it may be the best approach for your situation right now.
Before you call your insurer or insurance agent, learn as much as you can. Read the state advisory on Motor Vehicle Insurance Installment Payment Plans.
Seek Quotes from Massachusetts Insurance Agents
In Massachusetts, you can purchase insurance directly through an insurer or an insurance agent. Call and ask if you qualify for any discounts based on your current driving routine, vehicle, employer or group memberships. At a minimum, insurers should offer a discount for traveling more than 5,000 miles in a year.
It is usually worth requesting quotes from more than one insurance agent or companies. In Massachusetts, some insurance agents can offer quotes from multiple companies. Expect most to represent just a single company. Here is the state of Massachusetts insurance agent database.
Check for Discounts and Savings
The best types of discounts and savings are those you achieve just by checking in with your auto insurance agent. For instance, you may be eligible for a discount because you logged fewer than 5,000 miles on your car in 2020.
In some cases, this conversation may not result in savings. You may need to add someone to your household policy or purchase business coverage because you started using your vehicle for work. Whatever your situation, you have a responsibility to keep your auto insurer updated so you have proper coverage should you need it. Many people put their auto insurance coverage at risk without even realizing it when they move and start garaging their vehicle in a new location. Your auto insurance is calculated in part based on where you garage your vehicle. College students who take their vehicles to campus also need to update auto insurers.
Where to Learn More About Massachusetts Auto Insurance
We mentioned a few of our auto insurance articles in this blog. We also invite you to read our other auto insurance articles, including “What Every Massachusetts Bicyclist Needs to Know About Car Insurance” and “Massachusetts Motorcyclists: Buy the Right Types of Auto Insurance to Protect Yourself and Your Finances.”
Free Legal Consultation – Boston Car Accident Attorney
At Breakstone, White & Gluck, our Boston car accident lawyers are known for our commitment to pursuing the best financial result for clients. If you have been injured by someone else’s negligent driving, you may be entitled to seek compensation for your injuries. We represent clients throughout Massachusetts, including in Boston, Quincy, Cambridge, Somerville, Everett, Brookline and Arlington.
For a free legal consultation, contact our attorneys at 800-379-1244 or 617-723-7676 or use our contact form.
For Pedestrians, SUVs are Deadlier than Cars
A new IIHS study found SUVs crashes caused more severe injuries to pedestrians than cars.
During the pandemic, pedestrians have outnumbered vehicles on the roads at times. If you look closely, you may see mostly large vehicles left behind, including commercial trucks, package delivery vans and SUVs.
Today, our Boston personal injury lawyers are writing about SUVs and pedestrians. Amid the pandemic, an important study was published by the Insurance Institute for Highway Safety (IIHS), finding SUVs (or sports utility vehicles) cause more serious pedestrian injuries than cars. Researchers concluded automakers need to make design changes to protect pedestrians from increased fatalities.
Highlights from the 2020 study and report:
Drop in overall crashes. Overall, motor vehicle accident fatalities have dropped from more than 50,000 in 1980 to 36,560 in 2018.
Rise in pedestrian crashes. Meanwhile, one in five traffic crashes is now a pedestrian fatality. Pedestrians are more at risk now. The number of pedestrians hit by all vehicles rose a dramatic 53 percent from 2009 to 2018.
Study data. The study reviewed a sample of 79 crashes in Michigan, finding that SUVs caused more serious injuries to pedestrians than cars.
Speed. Below 20 mph, there was not a significant difference in the injuries caused by SUVs and cars.
More danger at higher speeds. When SUVs traveled 20 to 39 mph, 3 out of 10 SUV crashes ended in a pedestrian death. In comparison, 5 out of 22 cars caused a pedestrian fatality.
Over 40 mph was most deadly. At 40 mph, all three SUV crashes resulted in pedestrian fatalities. This is 100 percent compared to 54 percent of cars (7 out of 13).
Previous Research
The IIHS has led several studies on SUVs and the dangers to pedestrians. One past study found that as pedestrian accidents overall have increased, many involve cars, but there was an 81 percent increase in SUVs causing fatal pedestrian accidents between 2009 and 2016.
There are more SUVs on the roads than ever, making it important to address the safety hazards to pedestrians. SUVs first outsold sedans in 2015, according to The New York Times. They continue to be the vehicle of choice for many Americans. In fact, SUVs accounted for up to 47.4 percent of all U.S. auto sales, according to an analyst quoted by the newspaper.
SUV Designs Are Now Being Made Safer for Drivers
What is notable about SUVs is manufacturers have already spent years adopting more “carlike designs” to protect SUV vehicle occupants. Manufacturers have lowered SUV bumpers and other features to align better with cars. The danger to pedestrians has not been addressed the same way.
According to the IIHS, SUVs can endanger pedestrians because of the overall shape of their front end. On many SUVs, the front end is solid and can have a double impact, striking the pedestrian at the pelvis or chest, just after the bumper hits the person’s lower body.
The IIHS now plans to look into the types of SUVs which caused injury in the Michigan study. Meanwhile, in Europe, manufacturers have already started to make use of safety features, such as pedestrian airbags.
A Note for SUV Drivers
Many of us own SUVs. If you purchase one in the future, be aware of the ongoing safety research and read about the specific features on the model you wish to purchase. You may have bought one 10 years ago and find this year’s model is not right for your family and where you live and work.
We suggest you check in with the IIHS website. Other organizations such as Consumer Reports may also offer safety insights.
Consider Your Driving Routine. You want to back your SUV into your driveway as much as possible. This way you have a full view of traffic, cyclists and pedestrians when you leave. To do this safely, you will need a good backup camera. You may also need to make other enhancements to your property as well.
Your ability to back up safely is critical. Many SUV crashes happen as drivers back up and hit a pedestrian or a child playing.
Review Features. Read consumer ratings and reviews on the SUV you want to buy. Vehicles made after 2018 are required to come with backup cameras. Do not assume all backup cameras are equal. Read up on consumer ratings and reviews and test drive your SUV before finalizing the purchase.
Buying Used SUVs. Make sure to properly equip older SUVs with backup cameras and other safety gear.
Free Legal Consultation – Boston Pedestrian Accident Attorneys
At Breakstone, White & Gluck, our pedestrian accident lawyers offer a free legal consultation to determine whether you have a potential claim for your injury. Recognized by Top 100 New England Super Lawyers, we provide our clients with the highest quality representation and specialize in the areas of car accidents and pedestrian accidents, including SUV crashes resulting in serious injury.
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.
Report: Fatal Pedestrian Accidents Rose Over Decade in Massachusetts
The New Year has begun with several reports of pedestrian accidents across Massachusetts. One pedestrian was seriously injured in Springfield. Two pedestrians were killed, one in Charlestown and one in Oxford.
On January 5th, Boston Police responded to a fatal scene at Charlestown’s City Square. A 92-year-old pedestrian died after being struck by a vehicle near the Charlestown Navy Yard and dragged for nearly a mile, according to news reports. Police later announced they had located a vehicle of interest.
A new report highlights the dangerous climb in pedestrian crashes in the U.S. Between 2009 and 2018, the number of pedestrians killed in U.S. car crashes rose by 55 percent, according to the AAA Foundation for Traffic Safety. This is a major increase, following three decades of decreases.
In Massachusetts, 725 pedestrians were killed during this period. Another 17,000 pedestrians were injured. Boston, Springfield, Worcester, New Bedford and Brockton reported the highest numbers of pedestrian injuries and fatalities in Massachusetts.
Other notes:
- Most pedestrian injuries occurred between 3 p.m. and 7 p.m.
- 28 percent of the pedestrian accident victims in Massachusetts were 65 or older
- 3 out of 4 pedestrians killed on U.S. roads in 2018 were hit during darkness
- 84 percent of pedestrian accidents over the 10 years occurred on streets with speed limits 30 mph or higher
- There was a 70 percent increase in pedestrians killed at non-intersection locations without crosswalks
AAA is calling on cities and states to improve traffic infrastructure to provide more protection to pedestrians.
This report is a good reminder for drivers to really watch for pedestrians. This is January and darkness comes early. We are also wrestling with the COVID-19 pandemic. Many Massachusetts residents are out of routine and may be walking in new areas and at different times. As a driver, you have the ability to slow down and that can make all the difference in preventing a pedestrian accident. According to StreetsBlog, a pedestrian struck by a driver traveling at 20 mph has a 93 percent chance of surviving.
Here are a few safety reminders for drivers:
- Obey traffic signs.
- Slow down. Travel below the speed limit.
- Stop for pedestrians at crosswalks.
- At traffic signals and stop signs, look front, back, right and left before you step on the gas. You have to watch for pedestrians as well as cyclists.
- Do not use your cell phone while driving.
Free Legal Consultation – Breakstone, White & Gluck
At Breakstone, White & Gluck, our Boston personal injury lawyers are known for our experience representing pedestrians who have been injured in motor vehicle accidents, truck collisions and bus accidents. We represent those injured by the negligence of others across Massachusetts, including in Boston, Cambridge, Somerville, Everett, Quincy and other areas. If you or a loved one has been injured, learn your legal rights.
For a free legal consultation, contact Breakstone, White & Gluck at 800-379-1244 or 617-723-7676 or use our contact form.
Massachusetts Supreme Judicial Court Rules Uber’s App Failed to Provide Consumers Reasonable Notice of Terms and Conditions
The Massachusetts Supreme Judicial Court has ruled Uber did not provide users with reasonable notice of its terms and conditions.
Have you ever signed up for a rideshare app and been frustrated to see the extensive terms and conditions – all on your small cell phone screen? Just what are you agreeing to?
You are not alone. Now, the Supreme Judicial Court of Massachusetts has found Uber failed to provide reasonable notice of its terms and conditions to users. A Massachusetts man and a family member filed a discrimination lawsuit against Uber in 2016, then were compelled into arbitration with the rideshare company based on the app’s terms and conditions.
But on Monday, the Supreme Judicial Court ruled there was no enforceable arbitration agreement between Uber and the plaintiffs in Christopher P. Kauders & another vs. Uber Technologies, Inc. The Supreme Judicial Court remanded the case back to Superior Court.
The Court reviewed Uber’s complicated registration process, noting app users could easily bypass the initial screens, but the process grew much more cumbersome as the consumer approached the terms and conditions and privacy policy.
The Court wrote certain terms and conditions were extensive and far reaching and, “may literally require an individual user to sign his or her life away, as Uber may not be liable if something happened to the user during one of the rides.”
The Facts
In 2016, the plaintiffs filed a civil lawsuit against Uber in Suffolk Superior Court, claiming that Uber had discriminated against them in violation of M.G. L. c. 272, § 98A. This statute prohibits discrimination against anyone who is blind, deaf or has another physical handicap and is accompanied by a guide dog in Massachusetts. One of the plaintiffs was blind and claimed three Uber drivers had refused him service in 2015 and 2016.
Citing a provision in its terms and conditions, Uber moved for arbitration against the plaintiffs’ opposition. On June 4, 2018, the arbitrator issued a ruling finding that Uber was not liable for the discriminatory acts of the drivers, who are independent contractors.
Then, on June 25, 2018, a decision came in the case of Cullinane vs. Uber Techs, Inc. The United States Court of Appeals for the First Circuit ruled that Uber’s registration process did not create a contract because app users did not have reasonable notice of the terms and conditions.
Users Not Given Reasonable Notice of Terms and Conditions
In Kauders, the Massachusetts Supreme Judicial Court wrote that Uber writes terms which are extremely favorable to the company and does not give users “reasonable notice” of the terms and conditions.
The Court concluded, “Uber’s terms and conditions did not constitute a contract with the plaintiffs. The app’s registration process did not provide users with reasonable notice of the terms and conditions and did not obtain a clear manifestation of assent to the terms, both of which could have been easily achieved.”
Another problem, the Court wrote, is Uber can amend the terms and conditions whenever it wants without consent from users. The burden is on the consumer to keep checking and there is no way for the consumer to object.
In response to the decision, an Uber spokeswoman told The Boston Globe the company had already modified its application forms in a way that should comply with the Court’s reasoning.
What if You Are Injured in a Rideshare Accident?
Rideshare companies have worked to limit their liability in many areas. However, those injured in rideshare car accidents in Massachusetts still have the right to pursue financial compensation for their injuries. In 2016, Massachusetts passed legislation to regulate Uber, Lyft, and other transportation network companies. Under the legislation, drivers must carry an adequate level of auto insurance while working for a rideshare company.
Rideshare accidents can happen and injure passengers, but also drivers of other vehicles and their passengers, as well as pedestrians and cyclists. If you have been injured, it is important to document whether a driver was operating a rideshare vehicle for work or personal use at the time of the crash.
This may be important because rideshare drivers are required to have additional coverage when logged onto the transportation company’s digital network or while the driver is engaged in a pre-arranged ride in Massachusetts.
In the News
Watch Attorney David W. White speak to NBC Boston about complicated rideshare app agreements in 2019:
Boston Car Accident Lawyers – Breakstone, White & Gluck
Breakstone, White & Gluck specializes in the handling of personal injury cases in Massachusetts and has been consistently recognized for our results, including as Top 100 New England Super Lawyers and Top 100 Massachusetts Super Lawyers.
If you have been injured in a car accident or a rideshare accident, learn your legal rights. It is in your best interest to consult a Boston car accident attorney before signing any documentation or speaking to the driver’s insurance company.
For a free legal consultation, contact Breakstone, White & Gluck at 800-379-1244 or 617-723-7676 or use our contact form.
Driving Safely in Massachusetts Snow Conditions
Drivers have a responsibility to use reasonable care and caution during snow conditions. In Massachusetts, numerous car accidents were reported across the state during last weekend’s Nor’easter. In Lowell, a woman in a wheelchair was killed by a snowplow crash.
When the snow starts to fall, get ready for winter travel conditions. While many Massachusetts residents are working remotely, most of us are still driving in some capacity and it is critical to prepare. You want to travel safely, slowly and defensively so no one is injured.
If you fail to exercise reasonable care during snow and ice conditions, you are more likely to slip, slide or crash on the road. You could cause yourself injury and need a new vehicle. But even more critical, you could cause someone else serious injury in a car accident. You could be held financially liable and have to pay a claim through your Massachusetts automobile insurance policy.
Stock your car up with emergency supplies. Include jumper cables, a snow shovel and scraper, a flashlight, extra windshield wiper fluid, antifreeze and a basic tool kit, with a screwdriver and other essentials. Also pack a warm blanket, bottled water and a snack, as well as a bright colored flag to wave should you need help. Another tip from the state of Massachusetts: have sand, road salt, a strip of carpet or kitty litter for traction should you need it.
Check your vehicle’s systems. Keep up with routine maintenance during the pandemic, even if you are not driving as often. On your own, you can inspect your tires, headlights and taillights to make sure they are working. You can also check your wiper blades and windshield washer fluid, heat and defrost.
Check weather alerts and traffic updates. Check both weather and traffic conditions before leaving home. Check weather conditions hour-by-hour so you are prepared.
Stay home. Avoid traveling during heavy snow conditions. If you must travel, use public transportation or delay your commute if possible.
Most New England residents do not re-arrange their travel plans for rain. Schools have “snow days” but not “rain days.” But be aware that any type of precipitation impacts visibility and safety on the road. One recent study looked at more than 125,000 fatal motor vehicle crashes between 2006 and 2011 and put a number on the risk for car accidents.
According to the study, published by the Bulletin of the American Meteorological Society, the risk rises based on the intensity of the precipitation. Light precipitation may increase the potential hazard by 27 percent. The risk more than doubles during heavier precipitation.
One of the researchers told the Washington Post that many drivers do not appreciate how the risk for crashes increases during even light rain.
Clear snow off your car. Plan an extra few minutes to remove snow from your vehicle’s roof, windshield and windows. You should be able to see in all directions from the driver’s seat.
In Massachusetts, police can cite drivers who neglect to clear snow because this interferes with safe travel. Drivers can receive a civil citation and have to pay a fine. However, the greater risk is that someone could be seriously injured by flyaway snow and ice or that the snow and ice could block someone’s view.
Drivers can prevent these accidents by simply doing a little more work before they drive. As a driver, you should know if you neglect to clear snow and ice and cause someone injury, you could be held financially responsible for the victim’s injuries and other damages. In Massachusetts, you could also be criminally charged with reckless or negligent operation of a motor vehicle. If you have been injured by a driver who neglected to remove snow and ice from their vehicle, you should report this fact to police investigating the car crash. You may also want to consult a Boston personal injury lawyer to learn your legal rights.
Slow down. Travel below the speed limit, even if others are traveling at the normal speed or speeding. Lowering your speed gives you more control over your vehicle. Remember, traffic is less predictable during snow storms and the road ahead may not be fully plowed. With less visibility, you may will need to watch more closely for pedestrians.
Charge cell phones. Keep your phone charged so you can use it during an emergency, but don’t use it. It is best to wait until you get home to talk, even if you are using an in-vehicle system or Bluetooth as allowed under the Massachusetts hands-free law. You can still cause a car accident if you are distracted and using a cell phone, even if you are following the law. You can still be held liable if you cause someone injury because you were not paying attention.
Travel safely near plow trucks. The state of Massachusetts advises drivers to stay at least 200 feet back when approaching a snow plow truck or other snow removal equipment. Do not attempt to pass a snow plow at any time. Drivers should be prepared for snow plows to make sudden stops at any time. Staying back gives you more time to slow down or stop, reducing the chance of a snow plow crash.
Snow plow drivers are likely to have poor visibility and you do not know how long they have been working without a break. What you can do is turn your vehicle lights on and wipe these clean from snow regularly. By taking these steps and giving snow plow drivers space, you are less likely to be involved in a collision with a snow plow or other vehicles also trying to dodge the snow plow.
Snow plows need as much room as possible in part because they must also watch for pedestrians.
Less than a week ago, there was a tragic accident in Lowell. The two pedestrians, one of whom was in a wheelchair, were struck at the corner of School and Cross streets. The 27-year-old woman in the wheelchair later died, according to NBC Boston. She was with a 39-year-old man and both were wearing safety jackets with reflectors, one witness at the scene told the news station. The accident was under investigation by the Middlesex District Attorney’s Office.
Because of the risk for plow truck accidents, we also caution drivers to avoid these vehicles in parking lots. Pedestrians have been hit, injured and killed by plow drivers in Massachusetts parking lots.
Free Legal Consultation – Boston Car Accident Attorneys
Breakstone, White & Gluck has a track record of successfully representing those injured by negligent drivers in car accidents, SUV crashes and truck collisions. We are experienced in investigating snow plow accidents which have injured pedestrians and other motorists, as well as other vehicle crashes in snow conditions.
Founded in 1992, Breakstone, White & Gluck represents clients across Massachusetts, including Boston, Cambridge, Somerville, Everett, Quincy, Milton, Lynn and Saugus.
If you have been injured in a car crash, it is in your best interest to learn your legal rights. For a free legal consultation, contact Breakstone, White & Gluck at 800-379-1244 or 617-723-7676 or use our contact form.
Tips to Protect Older Pedestrians From Vehicle Crashes During the Cold and Dark Winter in Massachusetts
It is a fact: pedestrians age 65 and older face an increased risk for being injured by a car accident or truck crash. According to the Centers for Disease Control and Prevention (CDC), pedestrians of this age accounted for 1 in 5 pedestrian deaths in the U.S. They also suffered 1 in 10 percent of all injuries.
November, December and January are among the darkest months of the year in Massachusetts. At Breakstone, White & Gluck, our lawyers caution all pedestrians take steps to protect themselves. Start before you leave home. One of the most effective steps you can take is to wear a neon colored vest, jacket or other accessories so drivers can see you.
Safety Tips for Older Pedestrians
Arrange for a Ride. During the winter months, ask a friend or family member to give you a ride to the store and help you with other errands. If you do not have someone, call your local town or city hall to speak to their Council on Aging, which may be able to help arrange you a ride. You can go back to walking in the Spring when there is better visibility.
Use Crosswalks. In Massachusetts, pedestrians have the right of way when walking across the street in a crosswalk which has a “Walk” signal or green light.
Do Not Cross the Street Alone. Look for areas where there is a crossing guard if you can. Also look for areas where there are other pedestrians crossing. Do an honest evaluation; if you are walking much slower than other pedestrians, you should only cross when there is a crossing guard or accept a ride.
Avoid Complicated Intersections. Rather than walking through complex intersections, either accept a ride or change your route for the winter months. Also stay clear of wide intersections or roads with traffic passing in both directions.
Be Mindful of Traffic Conditions. If you walk, do so during daylight hours and when traffic is lightest. This is not just advice for crossing the street. Keep this in mind when you are walking through parking lots, where there is a high risk for pedestrian accidents at night.
Find Another Way to Walk For Exercise. Many of us – young and older – like to incorporate some walking for exercise into our daily routines of work and errands. If you miss walking, find a way to walk off the street. Due to COVID-19 restrictions, it is not safe to work out at a health club or gym. You may have to explore other options for exercise this year, such as hiking or even just walking on a lawn. Again, we encourage you to ask friends, family members and others in your community for suggestions.
Safety Reminders for Drivers
Use Reasonable Care and Travel Slowly. Massachusetts drivers have a responsibility to use reasonable care when driving. During the winter months, this means watching for pedestrians at all times, including when you get in your car and when you park. This is the time to utilize your vehicle’s back-up camera. Also watch when you exit your vehicle so you avoid dooring a pedestrian or a cyclist.
Travel Slowly. You cannot control all traffic conditions. But you can control your speed. By traveling slowly, even under the speed limit in residential neighborhoods, you have a greater ability to stop for pedestrians and avoid a pedestrian crash. This is important because older pedestrians are likely to take more time to cross the street. Many pedestrian car crashes occur because a driver misjudged the pedestrian’s speed.
Approach Familiar Places With Caution, Too. Take care even when driving near familiar places, such as a friend’s home, the pizza place down the street or a nearby grocery store. At night, there is a different traffic pace. During the pandemic, the pedestrian and vehicle traffic is changing weekly. There is a greater chance of car accidents in these conditions.
Be Aware of Eye Strain. If prescribed, drivers should wear their glasses at night. The rest of us should also be aware of the risks of eye strain and drowsiness at night. When possible, keep night driving trips short to keep your eyes strong.
Do Not Use Cell Phones. Months after the Massachusetts Hands-Free Driving Law took effect, drivers should know there is no tolerance for picking up a cell phone. The act of dialing a number and cradling a phone takes a driver’s attention off the road for at least several seconds. Drivers have caused many pedestrian crashes through cell phone use. On the same note, pedestrians should set aside cell phones while walking at night near traffic and minimize distractions.
Free Legal Consultation – Breakstone, White & Gluck
Breakstone, White & Gluck has represented pedestrians injured by negligent driving in car accidents, bus crashes and truck collisions across Massachusetts, including in Boston, Cambridge, Quincy, Somerville, Chelsea and Everett.
If you have been injured by the negligence or wrongdoing of someone else, learn your legal rights. Breakstone, White & Gluck is an accomplished Boston law firm known consistently recognized for our results for clients, including by Top 100 New England Super Lawyers, Top 100 Massachusetts Super Lawyers and Best Lawyers in America.
In Boston, we are known for our experience and expertise in representing pedestrians who have been injured in MBTA bus accidents. We won a landmark personal injury case, resulting in a $7.1 million verdict for our client, after trial and appeals to the state’s highest court. Our client had the horrific experience of being struck by a MBTA bus in a South Boston crosswalk. The driver had admitted fault, and the MBTA police investigation confirmed the finding. But the MBTA refused to even make an offer of settlement and our attorneys pursued an award at trial.
For a free legal consultation, contact Breakstone, White & Gluck at 800-379-1244 or 617-723-7676. You can also use our contact form.
For Teen Drivers, Fewer Passengers is Safer
For safety, teens are not allowed to drive with their friends for the first six months of holding a driver’s license in Massachusetts.
Teen Driver Safety Week is Oct. 18-24, 2020. Breakstone, White & Gluck is sharing articles to encourage parents and teens to collaborate and discuss safe driving decisions.
In Massachusetts, drivers who are at least 16 ½ are eligible to receive their driver’s license after a six-month permit period. Because Massachusetts has a Junior Operator Law, teens do not immediately assume full driving privileges. There are restrictions to help reduce the risk of teen car accidents, including one on passengers.
For the first six months, Massachusetts junior operators are not allowed to travel with friends and others under age 18, unless accompanied by another driver who is at least 21 years old and meets other requirements mentioned in statute below. There is an exemption for siblings and family members. The passenger restriction is a critical part of the law, giving teens more time to learn road skills without the distraction of friends.
M.G.L. c.90 § 8 states, “No person holding a junior operator’s license shall operate a motor vehicle during the first 6 months of licensure while a person under 18 years of age, other than the operator or an immediate family member of the operator, is present in the vehicle unless also accompanied by another person, duly licensed by his state of residence, who is at least 21 years of age with at least 1 year of driving experience and who is occupying a seat beside the driver.”
The passenger restriction should be taken seriously. As we discuss below, the distractions of carrying other teens combined with driver inexperience, can contribute to the risk for car accidents resulting in catastrophic injuries such as brain injuries and paralysis, and death. Car crashes are the leading cause of death among teens, according to the Centers for Disease Control and Prevention (CDC). The junior operator law attempts to give teens more time for practice.
If stopped for carrying unlawful passengers, teens can lose their license for 60 days for the first offense. For the second offense, drivers face a 180-day license suspension and must attend driver attitudinal retraining. There is a one-year license suspension and driver attitudinal retraining for subsequent offenses.
More Passengers, More Risk for Crashes
Research has shown teens need the extra time driving without their friends.
Compared to no passengers, a 16- or 17-year-old’s risk for death per mile increases 44 percent when they carry just one passenger under the age of 21, according to the AAA Foundation for Road Safety. The risk doubles when a teen driver carries two passengers younger than 21. The death rate quadruples when there are three or more passengers.
The older the passenger, the less risk for a car accident. There is a 62 percent decrease for a crash when a passenger age 35 or older is aboard. Take this statistic as motivation to give your teens the keys as you ride along. If you develop a good routine with them, you can help them build a full range of driving skills.
As they become more skilled, reward them by letting them drive to new places – a special lunch spot or a scenic view. This helps them build skills, learn responsibility and find some enjoyment from driving. With more time, they can practice fundamentals, such as how to turn through that intersection near your home, how to check for cyclists and how to stop for pedestrians at crosswalks. When teens drive with their friends, they are less likely to give these things their full attention.
Come Up With a Driving Plan for Your Teen
The takeaway is come up with a plan for your family. If your teen just earned their Massachusetts junior operator license, the state says they are not allowed to drive with friends under 18 for the first few months but that they can drive with their siblings right away. Remember, the law is a guide. This is your choice to make based on what your teen and their siblings are ready for. Your goal is to help your teen steer clear of car accidents. Think about each situation before you say yes.
When your teen is allowed to start driving passengers under 18, take another pause. The data still shows fewer passengers is safer.
You may want to start slow. Allow your teen to drive with just one friend. Choose a friend who is responsible, trustworthy and has a parent whom you know well and shares your views on raising safe and responsible teen drivers. That parent should also share your views on open communication. If something should happen and your teen should find themselves at risk, you want your teen and their friend to both feel they can call for a ride.
Free Legal Consultation – Boston Car Accident Lawyers
Breakstone, White & Gluck has decades of experience representing by negligent driving in Boston, Cambridge, Quincy and across Massachusetts. Through our Project KidSafe campaign, we work to protect children and families. Each year, we write about National Teen Driver Safety Week to encourage parents and teens to talk about safety on the roads.
If you have been injured and want to consult a Boston car accident lawyer, you can visit our website or contact our attorneys at 800-379-1244 or 617-723-7676 for a free legal consultation. You can also use our contact form.
For Teens, Driving Safely Starts With Seat Belts
Teen Driver Safety Week is Oct. 18-24, 2020. Breakstone, White & Gluck is sharing articles to encourage parents and teens to discuss safe driving decisions.
Seat belts are a simple step for safety. As a parent, you probably remind your child to buckle their seat belt before each ride. But when your teen becomes a licensed driver, you won’t always be there. Still, what you say matters. Teens are twice as likely to wear a seat belt as a driver or passenger when parents set rules and monitor their driving behavior, according to the Teen Driver Source website, which is operated by the Children’s Hospital of Philadelphia.
Tell your teen you expect them to wear a seat belt whenever they travel in a motor vehicle. This includes when they drive and when they are traveling as a passenger. As a second step, put this in writing. Find a teen driving safety agreement with your teen and state this is one of your expectations. If you catch your teen driving without their seat belt, you can step back their access to the keys until you have a discussion.
Seat belts are required by law. Wearing a seat belt is required by law in Massachusetts. Drivers and their passengers must both wear seat belts.
Seat belts protect against deadly force. The goal isn’t to scare your teen. But the reality is cars, trucks and other vehicles are heavy and powerful machinery. We all need to wear seat belts to protect against the potential force of a car crash.
Seat belts reduce the risk of fatal injury to front seat passengers by 45 percent, according to Teen Driver Source. They also reduce the risk of moderate to critical injury by 50 percent.
Seat belts also reduce the risk of ejection from the vehicle. Those who do not wear seat belts are 30 times more likely to be ejected from a vehicle during a traffic crash, according to Teen Driver Source. When a person is ejected from their vehicle, they are more likely to die in a crash. This was the case for 3 out of 4 people.
How seat belts prevent injuries. Seat belts are designed to spread crash forces across the stronger bony parts of the body, including the shoulders, rib cage and pelvis, according to the Institute for Highway Safety (IIHS). They are also designed to prevent occupants from being ejected from a vehicle.
Drivers and passengers should all wear seat belts – to protect themselves and each other. If there is an accident and one of the vehicle’s occupants is not wearing one, they could be ejected and increase the risk of injury to others in the vehicle.
In a frontal crash, drivers and front passengers are left at an increased risk for injury if the back-seat passengers are not wearing seat belts. Exposure to unbelted occupants increases the risk of injury or death to other vehicles by 40 percent, according to the IIHS.
More People Are Wearing Seat Belts in Massachusetts
The good news is more people appear to be wearing seat belts in Massachusetts. In 2018, the state conducted a seat belt usage observation study, reporting 81.58 percent of drivers and front outboard passengers were observed to be wearing seat belts. This was 7.9 percentage points over the year before and the highest ever observed rate in Massachusetts.
To reach this number, the state observed 28,265 drivers and front outboard passengers in 24,2145 vehicles at 147 observation locations. You can learn more by reading the study.
According to the IIHS and other organizations, states with primary enforcement seat belt laws have higher seat belt use rates. In 2019, the IIHS reported states with primary enforcement laws saw 91 percent seat belt use compared to 86 percent. Massachusetts has a secondary enforcement seat belt law, meaning police can stop drivers for traffic violations, then issue citations for failure to wear seat belts. But police cannot stop drivers just because they are not wearing seat belts.
If you are parent or teen, we hope this is good background information. The point is you should wear your seat belt every time you ride – and encourage others to do the same.
Free Legal Consultation – Boston Personal Injury Lawyers
With more than 100 years combined experience, Breakstone, White & Gluck fights for the rights of those injured by the negligence or wrongdoing of others. Our personal injury attorneys specialize in the handling of car accidents, truck accidents and bus collisions in the Boston area. If you have been injured, learn your legal rights. For a free legal consultation, call our attorneys at 800-379-1244 or 617-723-7676. You can also use our contact form.
To learn more about teen driving safety and other topics, please visit our Project KidSafe campaign page.
National Teen Driver Safety Week Offers Safety Reminders for Massachusetts Families
Motor vehicle crashes are the leading cause of death for teens. Each year, National Teen Driver Safety Week highlights safety insights for families and teens. This year, the event runs from October 18-24th. We encourage you to follow the National Highway Traffic Safety Administration and Teen Driver Source for more information. Teen Driver Source is operated by the Center for Injury Research and Prevention at Children’s Hospital of Philadephia, which offers Facebook and Twitter feeds.
According to the National Highway Traffic Safety Administration, the greatest dangers teen drivers face are: alcohol consumption, inconsistent or no seat belt use, distracted driving, speeding and driving with passengers in the vehicle. This year, COVID-19 has introduced a new concern. Teens are driving far less and risk losing core skills. This is where National Teen Driver Safety Week comes in as an important resource this year.
Driving Safety Contract. If you follow Teen Driver Safety Week, you may learn about teen driver contracts. You can also print this parent-teen driving contract from the Centers for Disease Control and Prevention (CDC). Make your own edits and ask your teen to sign as a condition for using your vehicle. Give your teen a copy of the document to file away and review. This is a good way to lay out expectations for your teens and what will happen if they violate the agreement.
Make Sure Teens Get Enough Driving Time. If teens are not driving as much during COVID-19, they risk falling behind on fundamental skills. To prevent this, encourage your teen to drive regularly. When you go out with your teen, split the driving responsibilities so you know they are logging at least some time behind the wheel and you can monitor their progress.
Hold back judgment and sharp comments if you see some of their skills have regressed. This may happen. Just help them get practice in where they need it. Take advantage of empty parking lots and slower times of the week. You can get them back on track.
Drive Around Town With Your Teen. When you can, walk and drive around your community with your teen, including during the morning and afternoon commutes. This gives your teen a preview of what may come when they pull out of the driveway alone. You may see more pedestrians and cyclists in areas. You may see parking changes and restaurants offering sidewalk service. Share observation with your teens and try to make helpful suggestions to help them drive safely and avoid car accidents.
Stress the Importance of Slowing Down. Speed is a factor in nearly 30 percent of all fatal crashes involving teen drivers, according to AAA. Teens often have a heavy foot on the gas pedal and this only changes as they gain experience. For now, if teens can simply slow down, they can significantly reduce their risk of a collision.
Start by helping your teen recognize speed limits because they are not always posted right in front of them. While they should have learned this in driver’s ed, new drivers can use a reminder from time to time. Massachusetts sets a default speed limit of 30 mph in thickly settled and business areas, unless posted otherwise or an individual community has opted to lower the speed to 25 mph. School zones and work zones are 20 mph.
Encourage your teen to travel at or below the speed limit, especially in residential neighborhoods. By doing so, they reduce their risk of causing a car accident due to inexperience in the first few months or year of driving. They reduce their chance of causing themselves or someone else serious injuries and all the emotions and stress.
Reduce Distractions. Slowing down is the most effective tool for safe driving. It’s also important to reduce distractions. This means setting aside cell phones and limiting conversation with passengers in the vehicle. Sure, your teen is going to engage in discussion with others in the car. But try to make conversation lighter and focus more on observation, such as, “I see cars backing up at the traffic light ahead” or “there is an ambulance coming.” Save heavy discussion for before or after the drive.
Safety Steps Near Pedestrians and Cyclists. Teens may struggle to drive near pedestrians and cyclists. Every few weeks, drive through school zones and busy areas with your teen again, just as a refresher. Show them how you stop at crosswalks for pedestrians and leave room in anticipation of pedestrians. Instead of chatting at traffic lights, use this time to show your teen how to check for cyclists. More and more people have been cycling over the past decade in Massachusetts. This likely increased during COVID-19 and will likely continue. The reality is cars are not the only vehicle on the roads. Cyclists have the right to travel in the road too. You can really help your teen by teaching them to look for cyclists.
Buckling Up. Teens and young adults have the lowest rates of seat belt use, according to the CDC. Almost half of all drivers age 15-20 who died in car crashes were not wearing seatbelts in 2017, according to the CDC. During COVID-19, your teen may go long periods of time without driving or traveling in the car. Remind your teen – and all your family members – to always buckle up.
Boston and Cambridge Car Accident Lawyers – Breakstone, White & Gluck
At Breakstone, White & Gluck, our Boston car accident lawyers have over 100 years combined experience representing those injured by negligent driving. If you have been injured in a car accident and someone else was responsible, 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.
Massachusetts, Other States Continue to Report Light Traffic, But Dangerous Speeds During COVID-19
As employees work from home and schools offer remote learning, traffic volumes remain low across Massachusetts. This may mean less stressful driving at times. Yet it can also lead to an increased risk of car accidents caused by speeding.
Across Massachusetts, traffic volumes are 20 percent lower than last year at this time, according to a MassDOT presentation this month. In some areas, traffic is even lighter. For instance, in the City of Boston, traffic is down as much as 48 percent.
North of Boston, there is an 18 percent decrease in traffic right now, according to the presentation. South of Boston, there is a 19 percent drop in MassDOT District 5, which includes Plymouth County, Bristol County and the Cape and Island. West of Boston, the decreases range from 28 percent to 18 percent.
If you commute, a MassDOT official said there is no peak traffic hour right now. This is true during both the morning and the afternoon/evening commutes. There is a consistent bump in traffic during these times, but nothing near pre-COVID 19 traffic levels.
An easier drive into Boston would be welcome news if not for COVID-19.
Boston is known for traffic gridlock. Many publications and websites have ranked the city’s driving experience among the worst in the U.S. Most recently, we earned a new honor, when WalletHub ranked Boston the 83rd worst of 100 driving cities.
According to the survey, Boston drivers log the most hours sitting in traffic congestion each year, along with drivers in New York City, Chicago, Philadelphia and Washington D.C. The rankings also noted Boston drivers are more likely to have a car accident than those in other cities.
Boston was ranked among the top 5 cities where drivers were most likely to have a traffic crash. This list also included the California cities of Oakland and Los Angeles, Washington D.C. and Baltimore, Maryland.
Speeding Accidents
Right now, there are fewer cars on the road. This may sound safer.
But NECN recently reported on the dangerous trend of drivers speeding into open roads. In Iowa, the state patrol recorded a 101 percent increase in drivers speeding 100+ mph from January through August. There was also a 75 percent increase in tickets for drivers who were traveling 25 mph or more over the speed limit.
In California, the highway patrol issued more than 15,000 tickets from mid-March through August 19 for speeding over 100 mph. This was a 100 percent increase over the same period in 2019.
Then, there is Ohio. Between April and September, state troopers issued 2,200 tickets to drivers traveling more than 100 mph between April and September. This marked a 61 percent increase from the same time last year. The highest speed was a stunning 147 mph.
Speeding can cause serious and fatal injuries, even when traffic is light. In April, there were 28 deaths, compared to 27 in April 2019 – despite half the traffic.
Like other states, Massachusetts has seen an alarming number of drivers cited for speeding. In March and April alone, Massachusetts police issued 15,071 speeding citations, including 259 drivers traveling at 100 miles or more, according to a Boston Herald report.
Police cited 1,035 drivers for traveling speeds of 90 mph to 100 mph. Another 2,518 were traveling between 80 and 90 mph.
Some of the fastest drivers were traveling even faster, at unbelievable and unsafe speeds. In Stoughton, a driver was caught traveling 140 mph in a 65 mph zone. Two other drivers reached 130 mph speeds in Ludlow and North Attleboro. On Cape Cod, a driver was caught traveling 125 mph.
Speeding is highly dangerous. MGL c.90, § 17 states, “No person operating a motor vehicle on any way shall run it at a rate of speed greater than is reasonable and proper, having regard to traffic and the use of the way and the safety of the public.”
Drivers have a duty to use reasonable care in Massachusetts. This means traveling the speed limit or slower when necessary for safety, even when there is no sign posted. In Massachusetts, cities and towns have a default speed limit of 30 mph in thickly settled or business districts. In 2016, the state passed the Municipal Modernization Act allowing communities to lower default speed limits to 25 mph. Many communities have done so and enjoy the improvements. Near schools and work zones, the speed limit is 20 mph.
Free Legal Consultation – Boston Car Crash Attorneys
If you have been injured, it is in your best interest to consult an experienced car accident lawyer. Since 1992, Breakstone, White & Gluck has represented those injured by negligent driving across Massachusetts, including in Boston, Cambridge, Quincy and the South Shore, the North Shore, Plymouth, Brockton and Cape Cod.
For a free legal consultation, contact our attorneys at 800-379-1244 or 617-723-7676 or use our contact form.