Motor Vehicle Accidents
Back to School is Time for a Family Talk About Texting While Driving and Distracted Driving
As students head back to classes, this is a good time for families to talk about cell phones and distracted driving.
Each day, nine people are killed in the U.S. in crashes involving distracted driving behaviors, such as using a cell phone, texting while driving or eating. More than 1,100 are injured.
There are now 46 states which ban texting while driving, including Massachusetts, which banned the practice in 2010. Junior operators are not allowed to use cell phones at all in Massachusetts.
For Parents
No Cell Phone Rule. Lead by example. Put your cell phone away while driving your children to school. Tell them to put theirs away too because it creates a distraction for you on the roads. Make this a rule for school drop-offs and pick-ups. If you can, extend it to other travel times.
Drop-Off Zone. After you drop your child off at school, resist the urge to immediately check your cell phone in the drop-off zone. Drive away and check later.
Children and Teens
No Cell Phone Use While Commuting. Keep telling your children the cell phone is not for use while commuting to school. Even if they are young and many years away from driving, they can learn now how distracting any cell phone use can be in the car.
Children should not use cell phones while walking or riding bikes to school, either. They can check in with social media, e-mail and text messages at home. If they must, tell them to step several feet off the sidewalk. Make it clear it is not safe to stop in a parking lot.
School Bus. Encourage your child to keep their cell phone packed on the ride so they can be aware of what is going on around them.
Reward Your Child For Not Using a Cell Phone. When your children do as you ask and leave the cell phone packed up, let them know you noticed.
Teen Drivers
Talk to Your Teen Drivers. Take some time to remind them not to use their cell phone behind the wheel. They could seriously injure someone or be stopped by police and face fines and a temporary loss of license.
No Passengers. Do not allow them to carry other teenage passengers with them until they become experienced drivers, and even then they should limit the number of passengers in their cars. Your teenager needs all their energy to focus on the roads and avoid car accidents.
Your teenager may not be happy with your rules, but younger drivers under 25 are two to three times more likely to text or e-mail while driving than others, according to the National Highway Traffic Safety Administration. You want to protect your teenager and help them develop safe habits.
Share Safety Materials. Do not be your teen’s only source of information. Occasionally share safety campaign information or news articles about texting while driving with them. One resource is the AT&T It Can Wait campaign.
Read More
Attorney Marc L. Breakstone Says Clients Feel Former New England Patriots Player Brandon Spikes “Got Off Lightly” With Probation
Click here to view the interview on WCVB.
Former New England Patriots player Brandon Spikes pled guilty yesterday to criminal charges in the hit-and-run car crash which injured a family of three on I-495 in Foxborough. He was sentenced to one year probation and loss of license.
Attorney Marc L. Breakstone of Breakstone, White & Gluck represents the family.
“They feel that he got off lightly for engaging in conduct that could have killed them frankly,” Breakstone told WCVB.
Early on June 7, Spikes was driving his Mercedes-Benz Maybach on I-495 in Foxborough and struck the Nissan Murano carrying Breakstone’s clients. He was traveling without headlights and hit the family’s car at a high-speed, but never stopped.
They were treated at a local hospital. Police found his vehicle abandoned nearby, after his on-board navigation company reported the driver stated he had hit a deer. Spikes, who had just returned to the New England Patriots a month earlier, was released by the team shortly later.
Yesterday in Wrentham District Court, Spikes was found responsible for speeding and a marked lanes violation as well. He also admitted prosecutors had sufficient facts to convict him on charges of negligent operation and driving an uninsured vehicle. Those charges were continued without a finding for one year and Spikes could avoid conviction if he stays out of trouble.
Breakstone told The Boston Herald his clients are, “very lucky not to have been killed. They’re still traumatized by this incident. This guy, hopefully, learned a lesson that will change his behavior going forward.”
Driving without auto insurance is against the law in Massachusetts and punishable by a fine or up to one year in a house of correction.
“This is a trifecta of irresponsibility; no insurance, reckless driving, leaving the scene in a cowardly fashion,” Breakstone told Fox 25 TV.
Boston News, Weather, Sports | FOX 25 | MyFoxBoston
Coverage: The Boston Herald, The Boston Globe, WCVB, Fox 25 TV Boston and WHDH.
Attorney Marc L. Breakstone Responds After State Police Announce Former Patriots Player Brandon Spikes Will Be Charged With Leaving Scene of Personal Injury Crash
Attorney Marc L. Breakstone spoke to Fox 25 News Boston after State Police issued a citation charging former New England Patriots linebacker Brandon Spikes in the hit-and-run accident that injured a family of three. Breakstone is representing the family.
“It’s surprising to them that Mr. Spikes would drive so recklessly and then just leave the scene,” Breakstone told the news station. “It will affect them for a long time. This could have been a story with a tragic ending.”
Spikes will be charged with leaving the scene of a personal injury crash, operating a motor vehicle negligently to endanger, speeding and failure to stay within marked lanes. He was cut by the New England Patriots after State Police opened the investigation.
Attorney Marc Breakstone Speaks for Clients in Hit and Run Accident With Possible Link to Former Patriot Player’s Mercedes
Boston News, Weather, Sports | FOX 25 | MyFoxBoston
As State Police investigate a weekend hit-and-run car crash in Foxborough, attorney Marc L. Breakstone spoke on behalf of his clients who were injured. Breakstone told The Boston Globe there is “overwhelming evidence” that his clients’ vehicle was struck by the Mercedes-Benz Mabach registered to ex-New England Patriots linebacker Brandon Spikes.
Breakstone, a personal injury attorney at Breakstone, White & Gluck in Boston, is representing the Billerica family who was struck in the early Sunday morning crash. The parents and child were taken to the hospital with minor injuries after their Nissan Murano was struck suddenly.
Breakstone said the car that struck his clients was likely traveling at least 80 to 85 miles per hour and that his clients never saw any headlights.
“It is an extraordinary act of negligence for one vehicle to strike another vehicle that’s traveling 60 miles an hour on the highway,” Breakstone told the Globe. “I suspect that whatever that driver was under the influence of is the reason that the driver left the scene.”
Around the same time, State Police were notified the 2011 Mercedes-Benz Maybach registered to Spikes had been abandoned nearby in the median strip of Interstate 495 in Foxborough. A Mercedes roadside assistance service operator contacted State Police, telling them the driver of the vehicle reported hitting a deer.
State Police say the investigation is ongoing and they have not established who was driving the Mercedes-Benz Maybach or whether the Maybach hit the other car.
Spikes was released by the Patriots on Monday. He played for the Patriots from 2010 through 2013, then joined the Buffalo Bills for the 2014 season. He had recently returned to the Patriots on a one-year deal which would have been worth up to $2 million.
Breakstone told the Globe his clients are working to move past the hit-and-run accident.
“They want their normal lives back,” he said. “They want their good health and their comfortable state of mind. … They’re alarmed, first, that they could have been killed. They’re alarmed that it may have been an NFL player behind the wheel, and they would just [prefer to] not be in the spotlight and just have a return to normalcy.”
Related Coverage:
Accident Blindsided Family, Lawyer Says, The Boston Herald.
Patriots release Brandon Spikes amid crash investigation, WCVB.
Police probing whether ex-Patriots linebacker Spikes’ car hit Billerica family’s, The Lowell Sun.
Parents: Time to Talk to Teen Drivers About Safety
With the snowbanks nearly gone, your teen driver is likely asking for the car keys. Now is a very good time to talk to them about paying attention on the roads and following traffic laws.
Young people ages 16 to 19 are nearly three times more likely to be in a fatal motor vehicle crash than other age groups. While cell phone use is a frequent cause, there is also simple inexperience. If you are a parent, you know this conversation takes a lot of work and a lot of repetition.
We offer these safety tips for teen drivers:
- Always wear your seat belt.
- Keep your hands on the wheel and your eyes on the road.
- Do not take phone calls while driving. The caller can leave a voicemail.
- Remember that under Massachusetts Junior Operator License, teen drivers are not allowed to use cell phones behind the wheel. You cannot send texts or make phone calls. If you are caught, you may be fined and your license suspended. It is important to think about these steps for the safety of others and to keep yourself out of trouble.
- If you must use your phone, pull off the road to a safe area. Put the car in park and remove the keys. Or ask a passenger to call or answer for you.
- Travel with the phone in the best place to reduce distraction. If your phone ringing or lighting up with messages distracts you, set it in a bag in the backseat.
- Remember that whatever is happening on your phone can wait, whether it is a social media post, e-mail or photo. It really can.
- Be mindful of distractions created by loud music or intense conversation. Explain to passengers you need to limit conversation while driving.
- Remember you cannot carry passengers under the age of 18 during the first six months with a Massachusetts Junior Operator License. The one exception is you can drive with siblings.
- Do not look up phone numbers or GPS directions on your phone while driving.
- Many cars have dashboard GPS systems and infotainment systems. Turn them off until you are more experienced.
Other Safe Driving Habits
- Never consume alcohol and drive. No driver should, but you are more likely than older drivers to get in car accidents because you lack driving experience.
- Before entering your vehicle, look around for other cars, trucks and hazards. Make sure you provide bicyclists and pedestrians extra time to pass.
- Shift your eyes every two seconds and check the rear-view mirror every five to eight seconds. This will help you focus on driving.
- Do not drive drowsy. If you are tired, you will be less capable of responding to potential car accidents. The Massachusetts Junior Operator License restricts young drivers from traveling between 12:30 a.m. and 5 a.m., unless accompanied by a parent. This is a good step but realize you always have to be aware of your fatigue level and make good decisions at all hours.
- Even if you have your license, keep practicing. For instance, if you are weak backing up, practice backing into a parking space in an empty parking lot with a parent. Keep practicing because you will need these skills going forward and will not always have the time to practice.
- There are construction work zones in many places. Be extra attentive, slow down and watch for workers.
- Check your speed regularly and slow down. A little extra space between you and the car in front of you can make a big difference toward preventing a car accident.
- Drive defensively. Expect the unexpected will happen and you may have to stop or change lanes.
- Signal your intentions to turn or switch lanes early enough to give others time to prepare.
- Do not drive on the highway on your own before you are ready.
- Limit the number of times you drive your friends home after sports practices, to the mail or school events. Every teenager looks forward to driving around with their friends, but teens are more likely to become distracted this way.
- Be careful in school zones and school buses. Slow down and watch out for teenagers and children walking or riding bikes. You are required to stop when school buses stop.
Drive Safely Through Road Construction
We have all looked forward to Spring this year, waiting for those snowbanks to finally melt so we can drive and walk and ride our bikes more easily. But we will face other challenges soon as construction projects return to the roads.
National Work Zone Awareness Week is now being observed by safety officials across the country. The annual campaign is held at the start of construction season to encourage safe driving through highway work zones and construction sites. The goal is to protect drivers, passengers, construction workers and others from injuries.
Drivers
- Drivers and passengers are at the greatest risk in a construction zone, accounting for an average of 85 percent of the deaths in highway work zone crashes, according to the Federal Highway Administration (FHA).
- In 2010, 576 people died in work zone crashes, the equivalent of one work zone fatality every 15 hours in this country, according to FHA.
Construction Workers
- Construction workers face many risks on highway work zones. In 2013, 105 construction workers died at road construction sites in this country, according to the Bureau of Labor Statistics (BLS). Other injuries are not included in this figure.
- Transportation accidents accounted for 66 percent of roadway work zone fatal occupational injuries in 2013. In 69 percent of these cases, a pedestrian worker was struck by a vehicle. Backing vehicles out accounted for 27 of the 48 pedestrian vehicular accidents.
Safety Reminders for Drivers
- Move Over. It’s the law in Massachusetts and most other states. Make sure you move over when you see construction signs and lights. And if additional room is not available, slow down.
- No Speeding. In Massachusetts, you can face double the original fine for speeding in a work zone and cause a serious car accident.
- No Distracted Driving. Pay extra attention to the roads as you travel through work zones; reduce distractions in your car from information systems and passengers.
- No Cell Phone Use. Eliminate distracted driving. Do not use your cell phone to text, check e-mail or social media. If you need to use your phone, use a hands-free system.
- Expect the Unexpected. You may not have any notice of a work zone until you are stuck in it. Be patient and be prepared to follow the signs and traffic cops and flaggers. This may mean not following the traffic signals at times.
- Pay Attention to the Signs and Look for Alternate Routes. Look for signs which direct you to detour routes and share other important information. Do not use your GPS until you are safely outside of the construction work zone.
- Mass511. The state’s traffic information system may help you avoid construction areas. Visit the webpage or call.
Safety Reminders for Pedestrians
- Use crosswalks in construction areas if it is safe to do so. If not, follow pedestrian pathways which have been marked by the construction operation.
- Watch how traffic flows before you step out into the street. You may be able to identify a safer path.
- If you know you will be walking through a work zone, consider carrying a neon glow vest and wear it as you cross a street. You want to stand out to road traffic, police officers and flaggers and the construction crew.
Safety Reminders for Cyclists
- Cyclists want to learn about roadway construction ahead of time. After all, there is nothing much worse than a mile of recently milled black top to shake your fillings loose. Call the local town or city hall or call the Mass511 service.
- Some of the cycling clubs in the Boston area also do a good job of alerting members of safety issues. One popular source of information is the Charles River Wheelmen’s safety articles. Look for cycling clubs in your area and ask if they offer a members forum or a newsletter.
Safety Reminders for Construction Workers
- Be vigilant about following OSHA and other safety procedures of your profession.
- If you are working on foot, make sure you are always aware of any vehicles around you and where there are flaggers and traffic cops.
Related links:
- National Work Zone Awareness Week.
- Highway Work Zone Accidents, by the Centers for Disease Control and Prevention.
Snow Plow Accidents Have Killed Two People in Boston Area
During the past few weeks, snow plows have had little rest in the Boston area and Central Massachusetts. For most of us, they have been part of the background noise of a harsh winter and we have not even noticed them. But as of this week, two pedestrians have died as a result of snow plow crashes in the Boston area. Please be aware of the risks and talk to your family members about how you can stay safe.
On Monday afternoon, a 60-year-old employee at a Whole Foods store in Medford was struck and killed while walking across the store’s parking lot. The employee was just leaving work. The area was not open to the public at the time. The snow plow was operated Yerardi Landscape and Design of Medfield, authorities said. The snow plow accident remains under investigation by Medford Police and the Massachusetts State Police.
A week ago, a 57-year-old Weymouth woman was struck and killed by a snow plow driver who was clearing the parking lot outside her condominium complex, Tara Gardens. The driver had just cleared the woman’s parking space for her and a friend told The Boston Globe she had gotten out of her vehicle to ask him not to block her vehicle in as he left. Weymouth Police and the Norfolk County District Attorney’s office are investigating the snow plow death.
We share a few safety tips:
1) Listen to Advisories. Follow the recommendations of state and local officials about when it is best to avoid walking or driving outside.
2) Wear Neon-Colored Vests and Bright Clothing. If you are walking in the street, a neon vest or bright clothing should be a requirement, even during the day. You want snow plow drivers, as well as other drivers, to see you.
Keep a vest in your car. You can use your vest when walking from your car to your destination. It may also come in handy someday if you break down.
3) Do Not Approach Plow Trucks. Pedestrians should never approach plow trucks. Let them stay focused on removing snow.
4) Contact the Property Owner Instead. If you live in an apartment or condo complex, keep the phone number of your building management company handy on your cell phone. If you have a complaint, take a photo to send to the building owner, who can share it with their plow company.
Do the same if you work at a business office, unless you are the owner; then safe snow removal is your responsibility.
5) Expect Plows Everywhere, Even After the Snow Ends. Expect plows everywhere for a while. Even when it is not snowing, expect plows will be out trimming down high snow banks and opening up narrow roads.
6) Do Not Follow Plow Trucks Too Closely. When driving, stay a few car lengths behind plow trucks. The snow plow could hit something hard unexpectedly and not be able to stop. Avoid passing snow plows.
7) If You Have An Accident with a Snow Plow Truck. If you are driving, make sure you stop in a safe place. As you do, take note of what the plow truck looks like and the license plate if you can do so safely. If the plow driver does not stop, immediately notify the local police department to file a car accident report.
Report: Helmet Use Encouraged After Increase in Cyclist Deaths
After years of decline, a new report reveals that there has been an increase in the number of cyclists killed in motor vehicle accidents since 2010.
The Governors Highway Safety Administration (GHSA) released the, “Spotlight on Highway Safety: Bicyclist Safety” report on Oct. 27th. The report shows cycling deaths have increased 16 percent from 2010 to 2012, from 621 to 722 cyclist fatalities. During that time, Massachusetts saw the numbers almost double, from seven cyclist deaths in 2010 to 15 in 2012. The majority of cyclist deaths came from six states, including California, Florida, Illinois, New York, Michigan and Texas.
During this period, other deaths in motor vehicle accidents increased by just one percent.
Two thirds or more of cyclists killed in 2012 were not wearing bike helmets, “a major contributing factor” in deaths because many cyclists suffer serious head injuries, the GHSA said.
More details from the report:
Bike helmet use. Citing 2012 Fatality Analysis Reporting (FARS) data, the GHSA report showed 65 percent of cyclists who died in 2012 were not wearing a bike helmet. Meanwhile, just 17 percent of cyclists were confirmed to be wearing one. Helmet use was unknown for the remaining 18 percent.
Twenty one states, including Massachusetts, have laws mandating bike helmet use for children. But none requires helmet use for adult riders and the GHSA said use has to be encouraged.
In Boston, city officials have raised the idea of mandating bike helmet use. It would not be the first city to do so. Sykesville, Maryland requires cyclists of all ages to wear bike helmets. But such ordinances are largely controversial. Dallas, Texas passed a law mandating helmets for all ages, but city officials revised it this summer, limiting it to cyclists who are 17 and under.
As it stands in Boston, riders of the Hubway bike share must agree to wear bike helmets when they sign up. The City of Boston has actively promoted bike helmet use over the years through advertising campaigns and community outreach programs.
Breakstone, White & Gluck has also worked to increase bike helmet use among children in Massachusetts. Over the past two years, we have donated 3,000 bike helmets through community organizations. We are proud of this work and will be back in 2015.
Our program partners include: Boston Bikes’ Roll It Forward, a program run by the City of Boston, Worcester Earn a Bike, CYCLE Kids, Cambridge Public Schools, Somerville Public Schools, Bikes Not Bombs, Framingham Bicycle and Pedestrian Committee, East Arlington Livable Streets and Arlington Public Schools, Watertown Bicycle and Pedestrian Committee, Westborough Bicycle and Pedestrian Committee, Somerville Kiwanis, Dedham Bike Rodeo, Boston Cyclists Union, Arlington Town Day, Westwood Bicycle and Pedestrian Committee, Lexington Bicycle Advisory Committee and the Ashland Farmer’s Market and iCan Shine Camp of Arlington.
State safety efforts. The GHSA touched on safety improvements which communities can make and strongly encouraged development of cycle paths. These go a step further than traditional bike lanes and physically separate motor vehicle traffic from cyclists on the road with flexible posts or other safety measures.
If communities cannot add cycle paths, the GHSA suggests adding marked bike lanes, bike boxes which designate space in a lane for bikes at intersections, and separate bike traffic signals with advance lights for cyclists.
Boston has a 5-year action plan to build 21 miles of cycle tracks in various areas of the city.
Read the full report, “Spotlight on Highway Safety: Bicyclist Safety.”
Read More
Distracted Driving Lessons in Massachusetts
This month, students at four high schools in Massachusetts will sit down at computer simulators and learn what it feels like to text or use a cell phone while driving and then crash.
This is part of Arbella Insurance Foundation’s Distractology 101 program, which will visit Braintree High School, Phillips Academy in Andover, Falmouth High School and Sacred Heart High School in Kingston. Although the young drivers will not actually suffer or cause injury, or feel the remorse of having caused the collision, they will be taught the lesson that distracted driving behaviors, such as cell phone use, using a GPS and even eating and drinking, can result in car accidents and serious injuries. These behaviors should be considered as or more dangerous than speeding or running a red light.
Consider these statistics from the National Highway Traffic Safety Administration (NHTSA):
- 10 percent of all fatal crashes in 2011 were reported as distraction-affected crashes (3,331 people killed).
- Among those who were killed, 12 percent died in a car crash which involved cell phone use.
- Some 17 percent of all injury crashes in 2011 were reported as distracted-affected crashes (or 387,000 people injured).
- Among those who were injured, 5 percent were injured in a car accident which involved cell phone use.
Laws have been implemented to reduce the dangers caused by distracted driving. While no state bans all drivers from all cell phone use, hand-held cell phone use is not permitted in 15 states, including Vermont as of Oct. 1.
Laws related to texting while driving are much more prevalent. Texting while driving is now against the law in 44 states. Washington passed the first ban in 2007. Massachusetts implemented its law four years ago. The law, St. 2010, c. 155, bans texting by drivers, including reading, writing or sending messages. Drivers cannot text while driving or sitting at red lights, intersections or other public ways. This is a primary offense, meaning police can pull drivers over when they suspect the behavior, even without any other cause.
Despite these laws, drivers here and in other states still text and check their social media accounts. Younger drivers under 25 are two to three times more likely to text or e-mail while driving than others, according to the NHTSA. But these violations are not limited to young drivers, as the evidence is that older drivers are also engaging in this prohibited behavior.
Fortunately there is some evidence that these laws are starting to work. Recently The Journal of American Health reported that traffic fatalities had dropped 3 percent in states which have primary enforcement laws like Massachusetts. States that ban younger drivers from texting while driving saw an 11 percent drop. The journal studied national traffic data over 11 years.
States may continue to pass laws to reduce distracted driving, but drivers carry responsibility for putting down the phone and becoming aware of other distracting behaviors, such as eating and drinking, talking to passengers, grooming, reading maps, using a GPS, watching a video or adjusting a radio or music player.
There are some good safety resources out there to help families understand the problem and the attitudes and behaviors that contribute to it. We encourage you to take a look and share them with your colleagues at work and with your family, friends, and children.
For More Information
About Breakstone, White & Gluck
The Boston motor vehicle accident lawyers at Breakstone, White & Gluck have over 100 years combined experience representing clients seriously injured in 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 617-723-7676 or use our contact form.
MassBike Video Answers Safety Questions for Cyclists and Drivers
MassBike recently released a new training video which answers many common questions about the laws for cyclists and drivers. The video is very well-done and offers some good re-enactments. We encourage you to watch it.
The 11-minute video is called Shifting Gears: Bicycles & Public Safety and was developed by MassBike in partnership with the Massachusetts Department of Public Health, the Boston Police Department and Boston Police Academy. The video was developed to train police officers on how to enforce the law.
The video explains M.G.L. c. 85, § 11B and M.G.L. c. 90, § 14, the laws regarding a bicyclist’s rights on the road and the obligations of motorists. A few topics covered: where a bicyclist is allowed to ride, the illegal practice of dooring a bicyclist, and how drivers must yield to cyclists. It also touches on sidewalk riding, red lights and stop signs (cyclists have to stop too) and other areas of the law.