Personal Injury
Halloween Safety: Trick-or-Treat Safety Tips
Many of us are looking forward to the ghosts, goblins and treats of Halloween this weekend. But while a lot of fun, Halloween is also one of the most dangerous days of the year for pedestrians, particularly children. The National Highway Traffic Safety Administration (NHTSA) routinely reports that traffic accidents involving drunk drivers and pedestrians increase on Halloween.
For children, the risk of being hit by a car and killed more than doubles on Halloween, according to Safe Routes Worldwide.
We want you to have fun and to be safe on Halloween. Please read our safety tips before trick-or-treating:
1) Stay Visible to Cars. Buy neon reflective clothing for your child and yourself. This can be a vest, an arm band or reflective tape. Also carry flashlights, one per person.
2) Costume Check. Make sure your child can safely walk without tripping in their costume and see through any masks.
3) Stay With Your Child. Go trick-or-treating with your child and really pay attention as they walk from house to house. Tag along if they go with friends.
4) Remind Your Child To Stay Off The Street. You probably already tell your child this daily, but really impress this upon them again for Halloween and reward them for doing it.
5) Plan Your Halloween. Many trick-or-treaters travel between 4 p.m. and 9 p.m. This year, Halloween falls on a Saturday night, so activity may extend later and there may be more gatherings. Find out what will be happening in your community through social media or ask your local town office or neighbors. You want to know what to expect, whether you are trick-or-treating or going out to a party or weekend job.
6) Remember the Cyclists. Watch out for cyclists as you drive or take your children trick-or-treating. Pedestrians should stay on the sidewalk, even if it gets crowded, and save the side of the road for the cyclists.
7) Familiarize Yourself with the Halloween Route. If you are trick-or-treating in another neighborhood, take a drive through at night with your child beforehand, even if you are familiar with the area. Take note of where the roads are well-lit, the location of crosswalks, and how long the roads stretch.
8) Look for Crosswalks. Always cross the street at crosswalks, when available.
Reminder for Drivers. Try to get home early if you can, before the trick-or-treaters arrive or stay out until after they finish. Commit to travel slowly, put your cell phone away and do not drive under the influence of alcohol. If you plan to drink, find a designated driver or bring cab fare.
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Breakstone, White & Gluck Attorneys Named to Top 100 Massachusetts Super Lawyers List
Our partners, Marc L. Breakstone, David W. White and Ronald E. Gluck, have been selected to various 2015 Massachusetts Super Lawyers lists, for their work in the practice areas of personal injury and medical malpractice.
We are pleased to announce this honor. This is the 12th year in a row our attorneys have been selected to various Super Lawyers lists, a recognition of excellence. Super Lawyers, part of the Thomson Reuters company, makes annual selections using a multi-phase process of peer nominations, independent research and attorney evaluations. It only recognizes 5 percent of attorneys in each state.
The Massachusetts Super Lawyers lists are published online and in the November issue of Boston Magazine. You can also read more about our attorneys here:
Marc L. Breakstone
Attorney Breakstone was selected for these 2015 lists: Top 100 Massachusetts Super Lawyers and Massachusetts Super Lawyers, Top Rated Medical Malpractice Attorney.
Attorney Breakstone has established a reputation as one of the top medical malpractice and personal injury lawyers in Massachusetts and New England. He has been selected to the Massachusetts Super Lawyers list for medical malpractice 12 years in a row, to the Top 100 Massachusetts Super Lawyers list nine times and to the Top 100 New England Super Lawyers list four times.
A graduate of Northeastern University School of Law, Attorney Breakstone has been practicing in Boston since 1986. He has represented clients who have been seriously injured by negligence, including in cases of wrongful death, medical malpractice, bus and truck accidents and propane gas explosions. Read his bio.
Attorney David W. White
Attorney White was selected for these 2015 lists: Top 100 Massachusetts Super Lawyers and Massachusetts Super Lawyers, Top Rated Personal Injury – Plaintiff Attorney.
Attorney White is a Northeastern University School of Law graduate and has 30 years of experience representing victims of personal injury and insurance bad faith cases in Massachusetts. He is a past president of the Massachusetts Bar Association.
Attorney White has been named to the Massachusetts Super Lawyers list 12 years in a row. He has been included in the Top 100 Massachusetts Super Lawyers list seven times. He has also been named to the Top 100 New England Super Lawyers list three times.
White represents clients who have been seriously injured by car accidents, bicycle accidents, dog bites, product liability, construction accidents and other personal injury claims. Read his bio.
Attorney Ronald E. Gluck
Attorney Gluck was named to these 2015 lists: Massachusetts Super Lawyers, Top Rated Personal Injury Attorney – Plaintiff Attorney and New England Super Lawyers, Personal Injury Attorney – Plaintiff Attorney.
Attorney Gluck has consistently been named to the Massachusetts Super Lawyers list each year since 2005. He is a graduate of Boston College and Case Western Reserve University School of Law. Over his career, he has represented clients who have been seriously injured in complex cases involving wrongful death, car and trucking accidents, bicycle accidents, motorcycle accidents, liquor liability and product liability.
After 9-11, he represented victims of the World Trade Center attacks. He has also served as an expert witness on behalf of the United States Justice Department. Read his bio.
Breakstone, White & Gluck Donates Bicycle Helmets in Watertown
Breakstone, White & Gluck and the Watertown Bicycle & Pedestrian Committee recently partnered up and gave 120 bicycle helmet to children. Breakstone, White & Gluck donated the helmets through our Project KidSafe campaign. Committee members then gave of their time and distributed helmets to children at the Watertown Faire on the Square on Sept. 26th. All 120 helmets were given away in one day!
Our thanks to the Watertown Bicycle & Pedestrian Committee, which sent along a few photos:
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.
Breakstone, White & Gluck Answers Safety Questions about Bicycle Helmets
Breakstone, White & Gluck is pleased to be donating children’s bicycle helmets again this year through our Project KidSafe campaign. As part of this work, we get to go out and meet children and families at community events. Over the years, we have been asked some great questions about bicycle helmet use. Here are some of our answers:
Do I Have to Wear a Bicycle Helmet?
Yes! Massachusetts law requires cyclists 16 years old and younger to wear bicycle helmets when they ride. If you want to learn more, the statute is M.G.L. c. 85 § 11B.
While the law does not require parents to wear helmets, we encourage you to do so. If you wear one, your children will follow your lead and take the message to heart. Wearing a bicycle helmet is the most effective step you can take to prevent a serious head injury if you are involved in a bicycle accident. This is a good lesson for your children to learn early on.
What Else Should I Know About the Law on Bicycle Helmets?
M.G.L. c. 85 § 11B states helmets must be secured to a person’s head by straps and meet the safety standards set by the U.S. Consumer Product Safety Commission.
When Should I Replace a Helmet?
Always replace helmets after a fall or bicycle accident, even if it does not appear damaged. Also replace the helmet if it no longer fits or the straps have worn. If the helmet is over three years old, it should be replaced.
Can Helmets be Handed Down from Child to Child?
Unlike bicycles, it is probably a better practice to not pass helmets down to younger siblings, unless they are still in excellent condition. If you are still considering re-using a helmet, think about how long the first child wore it and if they had any cycling accidents or falls. It is hard to know how many times a child has fallen, so the safe bet is to get a new helmet.
About Breakstone, White & Gluck and Project KidSafe
Breakstone, White & Gluck, a Boston personal injury law firm, launched our Project KidSafe campaign in 2013, with a goal of encourage safe bicycling. We have donated over 7,000 bicycle helmets to children throughout eastern Massachusetts and have worked with organizations such as Boston Bikes’ Roll It Forward, Massachusetts Safe Routes to Schools, Bikes Not Bombs and local bicycle committees and police departments.
Our attorneys have published safety and other informational materials for cyclists on our website:
What Every Massachusetts Cyclist Should Know About Car Insurance
Many cyclists are unaware they can purchase coverage for bicycle accidents through their car insurance policies. This is important because many drivers are underinsured or uninsured and many injured cyclists have to recover medical costs and other damages through their own car insurance policies. Read more.Massachusetts Bicyclists’ Rights and Responsibilities
Read a summary of the responsibilities of cyclists and motorists in Massachusetts.
Supporting the Boston Bikes’ Get Biking Challenge for School Children
As part of our Project KidSafe campaign, Breakstone, White & Gluck recently supported the Boston Bikes’ Get Biking Challenge, a city-wide biking competition for children in the Boston Public Schools. Boston Bikes, which is part of the City of Boston, hosted this first-time event in May to celebrate National Bike Month. Students were challenged to ride their bicycles every day of the month and track how many minutes they rode.
Boston Bikes had strong results. Eleven city schools accepted the challenge, which meant more than 3,500 students were invited to participate. Nearly 1,400 students rode their bikes in May. On average, students rode 12 days of the month.
More results:
- Students biked more than 597,760 minutes combined
- Some 766 students biked more than 4 hours throughout the month
- They covered 79,700 miles, or the equivalent of traveling around the Earth’s equator three times
Read more about the Boston Bikes’ Get Biking Challenge.
About Breakstone, White & Gluck and Project KidSafe
The Boston personal injury law firm of Breakstone, White & Gluck launched Project KidSafe in 2013 and has donated 8,000 bicycle helmets to children who need one in eastern and central Massachusetts. Boston Bikes’ Roll It Forward was one of our first partners and we continue to donate to the program, which fixes up used bikes and donates them to children who need one in Boston.
Breakstone, White & Gluck’s Project KidSafe Donates 400 Bicycle Helmets to Somerville Public Schools
Breakstone, White & Gluck recently joined the fifth graders at West Somerville Neighborhood School as they graduated from the CYCLE Kids program. Our firm was proud to donate 400 bicycle helmets this year to Somerville elementary school students participating in CYCLE Kids. We made the donations as part of our Project KidSafe campaign.
Attorney Ronald Gluck handed out new bicycle helmets to the 34 students who received certificates of completion at the West Somerville school. The certificates were handed out by Somerville Community Police Officer Marianne Manfra and physical education teacher Neil Holloway, who coordinate the program.
Photo: Attorney Ronald Gluck hands a helmet to a fifth grader who completed the CYCLE Kids program at the West Somerville Neighborhood School.
Photo: A hand-written message from a fifth grader at the West Somerville Neighborhood School, where Breakstone, White & Gluck donated bicycle helmets
Photo: A Thank You from the fifth graders at the West Somerville Neighborhood School. Breakstone, White & Gluck donated bicycle helmets to the children for completing the CYCLE Kids program.
Photo: Another note from a student at the West Somerville Neighborhood School.
CYCLE Kids is a curriculum which teaches children about bicycle safety, literacy and nutrition. It is developed by the non-profit CYCLE Kids organization, based in Cambridge. In Somerville, the curriculum is offered to fifth graders as part of physical education class.
Students are taught how to ride a bicycle, use hand signals and that they must always wear a bicycle helmet while riding. For many students, it is their first experience riding a bicycle. They learn in class and through essay writing and take-home activities. Here is an excerpt from one student’s essay:
“At first, I didn’t have confidence but after talking with my friends in my homeroom with Ms. Carafotes, they all encouraged me to have confidence. That was the most important lesson because in the beginning I was afraid that I might fall. I fell twice but I just got right back up again and tried until I didn’t fall anymore. That would be my advice to anyone learning is to have confidence in yourself because if you don’t, you won’t accomplish your dreams.”
This student ended his essay with this note: “The best part of this program was getting a free Helmet at the end of our experience. I hope this continues every year for kids who don’t know how to ride a bike.”
About Breakstone, White & Gluck and Project KidSafe
Breakstone, White & Gluck is a personal injury law firm. We have partnered with the CYCLE Kids program for three years, proving bicycle helmets in the Cambridge Public Schools in 2013 and the Somerville Public Schools in 2014 and 2015.
Our Project KidSafe campaign works to keep children safe and encourage safe bicycle riding. Since 2013, we have donated over 4,500 bicycle helmets to children who need one in eastern Massachusetts and worked with organizations such as Boston Bikes’ Roll It Forward, the Somerville Kiwanis Club, Massachusetts Safe Routes to School, Bikes Not Bombs and local bicycle committees.
Photo: Students reading their essays about learning to ride a bicycle in the CYCLE Kids program. Breakstone, White & Gluck donated 400 bicycle helmets to the Somerville public schools for fifth-graders who completed the CYCLE Kids program.
Photo: Students at the West Somerville Neighborhood School with their certificates of completion for the CYCLE Kids program, which provides instruction on how to ride a bicycle safely.
Photo: A student wearing a Project KidSafe bicycle helmet. For the second year, Breakstone, White & Gluck partnered with CYCLE Kids and the Somerville Public Schools and donated these helmets for students.
Photo: Community Police Officer Marianne Manfra, Attorney Ronald Gluck and students who completed the CYCLE Kids program at West Somerville Neighborhood School.
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.
For Parents: Treat Your Child’s Sports Injuries Properly and Take Steps for Prevention
April is National Youth Sports Safety Month, an annual event sponsored by the Stop Sports Injuries organization.
All parents of young athletes fear sports injuries – and there are a large number out there. A 2013 ESPN article reported that more than 21 million children and teens (between ages 6 and 17) are playing organized sports in the U.S.
But a large number of children and teens are also playing, then quitting because of injury. Some 29 percent of boys quit due to a health problem or injury and 27 percent of girls quit for the same reason, according to ESPN’s report.
A few other noteworthy figures:
- Roughly 2.7 million kids under age 20 were treated for sports and recreation injuries between 2001 and 2009.
- There was a 62 percent increase in the number of children under 19 who were treated for traumatic brain injuries (TBIs).
- Football concussions among children age 10 to 14 more than doubled from 2000 to 2010.
Sports programs are a big part of many children’s lives. The experiences will shape them into adulthood and should be enjoyed. But parents, children and coaches must also remember the rules of safety and learn the symptoms of a concussion and the proper ways to treat a head injury.
Symptoms of a concussion may include headaches, dizziness, trouble concentrating, amnesia surrounding the traumatic event, confusion or feeling in a fog, ringing in ears, nausea, vomiting, slurred speech, delayed response to questions and fatigue. Other symptoms may set in later, including memory and concentration problems, personality changes, sleep disturbances, psychological adjustments, depression and problems with taste and smell. When someone shows signs of these symptoms, they should receive immediate medical attention. But anytime a child suffers a concussion or head injury, they should be evaluated by a medical professional regardless of these symptoms.
Here are a few tips for parents:
Listen to Concussion Safety Information. Listen when your child’s coach talks about sports injuries and concussion prevention at the start of the season. In Massachusetts, middle school and high school sports coaches are required to provide training and prevention information related to concussions, under a state law passed in 2010.
Properly Warm Up. Make sure your child properly warms up, even if you drop them off late. Lack of proper warm ups make your child vulnerable to muscle and other injuries.
Football. Make sure your young football player properly warms up, takes proper precautions on those warm late August days to prevent overheating and is educated about symptoms of a concussion. This is important in all sports, but football players are especially vulnerable due to the high contact involved in the game.
Baseball and Softball. Make sure your baseball player properly warms up to protect against arm and shoulder injuries. Then make sure your child pays attention to the coaches and umpires and always focuses on the batter to avoid getting hit. Paying attention is more important than anything else in baseball because balls and bats are always moving quickly. Read more tips on our website.
Soccer. Players are vulnerable to head and other injuries from contact with the other team. Players are often running fast, with their full attention on the soccer ball, neglecting to see other players coming at the ball with just as much force. When someone gets hurt like this, they should step off the playing field and be evaluated by a coach or yourself.
For more safety tips, visit the Stop Sports Injuries website for more tips.
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