Motor Vehicle Accidents
Attorney David W. White Is Interviewed for NBC Boston Story on Pothole Damage and Car Accidents in Massachusetts
Just as sure as it brings snow, winter in Massachusetts always brings potholes. When drivers hit potholes, their cars can sustain major damage, sometimes totaling in the thousands of dollars. They often want to file a claim against the state or community which maintains the road.
NBC Boston recently aired a story on what rights consumers have if their vehicle is damaged by a pothole (1/24/2017). Attorney David W. White was interviewed and delivered bad news for drivers. Under Massachusetts law, drivers do have 30 days to file a claim against a town or state. But drivers are unlikely to recover any money because the state and towns will claim “contributory negligence.”
“If you are one percent at fault, you get zero percent recovery,” he said.
We encourage you to watch the segment here: http://tinyurl.com/zlt8kvo.
About Breakstone, White & Gluck
The Boston car accident lawyers at Breakstone, White & Gluck are experienced at handling auto accident claims involving serious injury. If you have been injured, learn your rights. For a free legal consultation, contact us today at 800-379-1244 or 617-723-7676 or use our contact form.
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 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.
Woman Killed By Flyaway Manhole Cover on Southeast Expressway
A woman died tragically this morning on the Southeast Expressway heading southbound, when a manhole cover became dislodged, went airborne, struck the front windshield and exited the rear windshield. She was killed instantly. The incident occurred in the Thomas P. O’Neill Junior Tunnel just before the southbound end of the tunnel.
The woman’s vehicle came to a rest in the left-hand lane of the Southeast Expressway, a short distance from the Massachusetts Avenue exit, with large gaping holes in the front and rear windshields. A state police spokesperson commented that the cause of the manhole cover to become dislodged is under investigation.
The focus of the State Police investigation will be what caused the manhole cover to become a projectile which killed this unsuspecting driver. Manhole covers, when properly installed and maintained, should remain in place. It needs to be determined whether any work had been done recently on or around this manhole.
Attorney Marc Breakstone, who has litigated personal injury cases involving roadway defects and manholes, was interviewed by The Boston Globe.
“I’m guessing the rear wheel or wheels of a heavy vehicle passed over the manhole, catching the exposed lip of the cover, and from the traction of the tire dislodged and caused the cover to become a projectile which flew through the passenger compartment of this poor woman’s car,” he said, when interviewed a few hours after the accident. Read the full article.
The typical manhole used on our state highways is constructed of cast-iron or concrete or made out of a combination of the two. They typically weigh upwards of 110 pounds and are designed, once in place, to remain in place. The weight, shape and fit of manholes are designed to help keep them in place when traffic passes over them. This manhole cover may have become dislodged as a result of either improper placement, improper maintenance of the manhole and/or improper manufacture of the cover.
About Breakstone, White & Gluck
The Boston personal injury attorneys at Breakstone, White & Gluck have over 100 years combined experience representing clients in serious motor vehicle accident cases involving injuries and deaths due to defects in roadways and flying projectiles. If you have been injured, it is important to learn your rights. For a free legal consultation, contact us today at 800-379-1244 or 617-723-7676 or use our contact form.
Message to Massachusetts Lawmakers: Time for Cell Phone Ban
The Massachusetts State Senate is expected to consider a ban on hand-held mobile electronic devices while driving. Many feel a ban is long overdue and we agree.
“Even New Hampshire has gone hands-free. It’s time for Beacon Hill to act,” wrote the Boston Herald editorial board.
The Senate is expected to consider the ban Thursday. Under the proposed legislation, Massachusetts drivers could still talk on the phone using hands-free technology.
Drivers would receive a $100 fine for the first violation, $250 for the second and $500 for all subsequent violations. Drivers cited three times would receive an auto insurance surcharge.
The bill would change the law in Massachusetts for all drivers over 18. Junior operators are already banned from cell phone use behind the wheel.
According to the National Safety Council, cell phone use is now estimated to be involved in 26 percent of all motor vehicle crashes. At any given moment of the day, 660,000 drivers are using cell phones or manipulating electronic devices while driving, according to the National Highway Traffic Safety Administration (NHTSA). The NHTSA also reported one survey found almost half of all drivers will answer an incoming call while driving. One in four drivers is willing to place a call on all, most, or some trips.
Texting While Driving Bans
In 2010, then-Massachusetts Governor Deval Patrick signed a bill into law which banned texting while driving. The state is in good company; today, 46 states and the District of Columbia have banned texting while driving. By contrast, only 14 states have banned hand-held cell phone use, including New Hampshire, Vermont and Connecticut. Maine and Rhode Island have banned texting while driving but hand-held cell phone bans have failed to gain enough support.
Related:
Read the Boston Herald’s recent editorial on a hand-held cell phone ban in Massachusetts.
Summary of the Safe Driving Law, Massachusetts Registry of Motor Vehicles
Read More
Many Pedestrian Accidents in Massachusetts Since New Year
During the first two weeks of 2016, Massachusetts has already seen several serious pedestrian accidents.
Last weekend, a 56-year-old security guard leaving work was killed in a hit-and-run accident on West Boylston Street in Worcester. Police have charged a 21-year-old man with motor vehicle homicide by negligent operation and other violations.
Last week, a 68-year-old pedestrian was killed in South Hadley, as he crossed the street in front of his home. In that case, the driver remained on the scene and police opened an investigation.
In Palmer, a 59-year-old pedestrian was killed while using a crosswalk at the intersection of North Main and Rockview streets. The pedestrian accident occurred about 5 p.m. in the day and the driver fled the scene.
Then in Cape Cod, a 19-year-old man was also killed when hit while crossing Route 28 in Yarmouth.
A few concerns for pedestrians in the winter:
Plow trucks. Last winter, at least two pedestrians in the Boston area were killed in parking lots by snow plow trucks. A 60-year-old employee at the Whole Foods store in Medford was struck and killed while walking across the store’s parking lot. A few days earlier, a Weymouth woman was hit and killed by a snow plow driver who was clearing the parking lot outside her condominium complex.
Parking lots. Pedestrians are just as vulnerable in parking lots as they are in streets. Last week, a pedestrian was hit in the South Street shopping plaza in Holyoke, in front of the Save-A-Lot supermarket.
Crosswalks. In Massachusetts, pedestrians who are crossing the street in a crosswalk or at an intersection with the “Walk” signal have the right of way. But drivers often fail to stop for pedestrians – and sometimes crossing guards. A crossing guard in Holyoke was struck by a car and injured at 8 a.m. one day last week.
About Our Experience
The Boston personal injury attorneys at Breakstone, White & Gluck have over 100 years combined experience representing individuals who have been injured in pedestrian accidents. Attorney Ronald E. Gluck recently negotiated a $1.25 million settlement for the family of a woman who was hit and killed in a crosswalk.
Breakstone, White & Gluck Welcomes Attorney Reza Breakstone
https://www.youtube.com/watch?v=pPY94mFkyQI
From the stage to the courtroom, Attorney Reza Breakstone brings a unique blend of skills and experience to the firm. We are pleased to welcome Reza, who will focus on representing personal injury clients at Breakstone, White & Gluck. He will also counsel small businesses in strategic development, litigation and contract matters.
Reza graduated from the University of Michigan in 2002, where he received several leadership awards. After college, Reza worked for two years as a legislative aide for the junior Senator from Michigan in Washington D.C. He returned to Boston to attend Northeastern University School of Law. After graduation from law school in 2008, Reza worked for four years at a prestigious Boston firm, concentrating in complex business litigation, federal antitrust defense and security litigation. During that period, he received a special assignment as an Assistant District Attorney in Suffolk County District Attorney’s office where he prosecuted criminal cases. Working in the West Roxbury Division of Boston Municipal Court, he tried numerous bench and jury trials to verdicts.
“What I learned in the DA’s office is your value as a lawyer is embedded in your judgment, interpersonal skills and treatment of others,”
Reza says. “Having good relationships is essential. When you are at a large firm, having good relationships is important, but productivity is a much more important measure.”
In addition to his legal pursuits, Reza has a passion for acting and improvisational theater. He has performed in numerous independent films and improvisational theater troupes in New England and Los Angeles.
Reza looks forward to working on behalf of the firm’s injured clients while continuing to assist small businesses and start-ups with development strategies. In both pursuits, he looks forward to furthering his commitment to “the business of helping people.”
“When you are put in a position to represent someone, it really comes down to confidence and trust,” he said. “I have a lot of people who respect me and trust me. I think the latter is as important as anything.
That really helps when people are bringing their lives to you and saying help me out. It’s because they trust you to get the job done.
To learn more about Reza, please visit his attorney bio page.
Check Your Child’s Passenger Safety Seat
Motor vehicle accidents are a leading cause of injury and death for children. A properly installed child safety seat reduces the risk of injury by approximately 80 percent and of death by 28 percent, compared to children in seat belts alone.
Child safety seats are required in Massachusetts and every other state. They are one of the first steps a parent takes to protect a child when they leave the hospital and get in the car. But they are hard to use and many parents struggle even as children get older.
Nearly 3 out of 4 children are not properly fastened in their car seats, according to a recent National Highway Traffic Safety Administration (NHTSA) survey. If a child safety seat is not properly installed, it cannot fully protect a child in a car accident.
Child Passenger Safety Week
Child Passenger Safety Seat Week, sponsored by the NHTSA, began last weekend and runs through next Saturday, Sept. 19th, which is also National Seat Check Saturday. We encourage parents to have your child safety seat checked. Check your local newspaper or social media for car seat check events near you. Here are other resources:
Websites for Parents to Visit
Massachusetts Child Passenger Safety Events
Child Passenger Safety Seat Inspection Sites
Child Passenger Safety Week is also a good reminder to check if your child safety seat has been recalled and for parents to prepare for changes in routine. If someone else picks your child up at school or daycare, you must have a child safety seat available.
Massachusetts’ Child Passenger Safety Seat Law
In Massachusetts, children must be secured in child safety seats for the first few years, then booster seats until they are eight years old or over 57 inches tall. Children should always be seated in the back seat of the car, as it is the safest place for them in case of an accident.
Infants. All infants and toddlers should ride in a rear-facing car seat until they are 2 years old or reach the weight and height limit set by the car seat manufacturer.
Toddlers/Preschoolers. At this age, children should use a forward-facing car seat with a harness until they reach the height and weight limits set by the car seat manufacturer.
School-aged Children. The next step is a booster seat. Children must sit in a booster seat in the back-seat until he or she is 8 years old or over 57 inches tall.
Seatbelts. Children can then move into a seat belt in the backseat if they are big enough. They should use both lap and shoulder seat belts.
To learn more, visit this guide on child safety seats in Massachusetts.
About Breakstone, White & Gluck
The Boston personal injury attorneys of Breakstone, White & Gluck have over 100 years combined experience representing clients who have been seriously injured in motor vehicle accidents, truck accidents and motorcycle 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 617-723-7676 or use our contact form.