Personal Injury
Preventing Tragedies from Teens Driving While Texting, Distracted
U.S. Transportation Secretary Ray LaHood and Consumer Reports have put attention back on an important safety issue by announcing a partnership to help prevent car accidents by teens driving while distracted and texting while driving.
They released a poll that shows how widespread the problem remains, even after many states have adopted graduated licensing laws that ban teens from texting while driving or using cell phones in any capacity behind the wheel.
Among those polled, 63 percent of people under 30 said they have used a handheld phone while driving. Thirty percent admitted to texting while driving. Only a third said they feel such behavior is very dangerous and could cause motor vehicle accidents or pedestrian accidents.
Those rates were higher than for drivers over 30. Among those respondents, 41 percent admitted to using a cell phone while driving. Nine percent had texted while driving.
A 2009 study by the Virginia Tech Transportation Institute shows the risk for a car accident is 23 times greater when texting while driving. The study was financed by the Federal Motor Carrier Safety Administration.
LaHood and Consumer Reports have released a brochure called “Distracted Driving Shatters Lives,” offering tips for parents, including:
Set a good example and put away your own phone in the car. Some 40 percent of young people ages 12 to 17 say they have witnessed a driver using a cell phone in a way that threatened to cause a motor vehicle accident and result in personal injury.
Talk to your teen. Tell your teen it’s important not to use the phone or text while driving. Show them statistics about car accidents caused by texting while driving.
Establish driving rules and sign a pledge. Let your teenager know what you expect from them while driving. Put not using a cell phone while driving at the top of the list. Tell your teen what the punishment will be if they break the rules and have them sign a written contract to reinforce your message. And remind them they may face other penalties.
Many states, such as Massachusetts, have graduated licensing laws that ban drivers under 18 from using cell phones while driving. Under Massachusetts’ Safe Driver Law, drivers under 18 face a 60-day license suspension if they are caught using a cell phone behind the wheel. They must also pay a $100 fine and take an education class. The penalties increase for subsequent offenses.
To read the “Distracted Driving Shatters Lives,” brochure, click here.
Read More
Commercial Landlord Liability for Personal Injury Expanded In Massachusetts
By David White
Shedding an Important Light on Pool Safety
A recent Boston Globe editorial sheds an important light on how to prevent pool drownings.
The editorial points out that many states already have strong pool safety laws. For example, Massachusetts and nine other states have laws requiring fencing around pools. Safety groups also recommend pool gates be self-closing, self-latching and equipped with an alarm. Angelo Puppolo Jr., a state representative from Springfield, has further proposed mandating motion-detecting pool alarms and other safety measures.
The Consumer Product Safety Commission calls these steps, “layers of protection” and it’s an important concept to think about incorporating into your backyard pool – regardless of whether you have children.
The Boston Globe editorial, however, points out pool safety goes beyond the “layers of protection” strategy. Here’s a startling statistic shared in the editorial: nine out of 10 children who drown are being supervised by a parent or caregiver at the time.
This means we need to rethink how we supervise children in the pool. Listening while a child plays in the pool may not be enough. Drowning children are struggling to breathe, unable to call for help. Rather than splash, children will sink to the bottom of the pool.
When with a group of adults, the Consumer Product Safety Commission recommends designating someone the “pool watcher.” But with more than one child, the more eyes the better.
Read the Boston Globe editorial, “Pool Safety: Eyes on Kids at All Times,” Aug. 4, 2010
Read another Boston Globe article, “Drownings Put Focus on Pool Safety,” Aug. 7, 2010
Read More
Be Safe in Massachusetts Pools This Summer
The warm weather is here and that means many Massachusetts residents can be found poolside. The pool is a fun spot for all ages, but it also poses safety risks. These risks can be reduced by the use of good judgment and common sense.
We want you and your loved ones to be safe. Sadly, each year, more than 300 children under 5 years old drown in residential swimming pools – often pools belonging to their own family. More than 2,000 children the same age are treated in hospital emergency rooms for pool-related injuries.
Here are common sense safety tips to help keep your family safe around the swimming pool:
- Learn CPR and make sure babysitters and older siblings have CPR training.
- Do not allow children to swim without supervision, even if they have attended swimming lessons.
- If a child is missing, check the pool first. Seconds count in preventing death or disability.
- Install a fence or barrier around your pool. The fence should be at least 4 feet high and have a self-closing, self-latching gate.
- If the fence is chain link, then no part of the diamond-shaped opening should be larger than 1-3/4 inches.
- Install a pool alarm to alert an adult when someone enters the pool area unauthorized. A key pad switch alarm allows adults to pass through without setting off the alarm.
- Keep rescue equipment and a phone with emergency numbers by the pool.
- If there are multiple adults at the pool, designate one person the pool-watcher to avoid distractions.
- Ladders leading from the pool to the ground or to a pool deck should be locked or removed when the pool is out of use.
- Remove toys that may attract children from in and around the pool when they are not in use.
Thinking Pool Safety Saves Lives
Summer is here and that means it is time to enjoy the pool – and think safety. Each year, thousands of children are injured in the pool and hundreds lose their lives in drowning incidents. So while we want you to enjoy your pool this summer, we ask you to commit to protecting your children and family.
Keep these safety tips in mind:
- Supervise children at all times. If you’re in a group, it’s easy to get distracted so consider designating someone a “pool watcher.”
- Learn how to swim and teach your children.
- Get CPR training.
- Keep a phone with you at the pool.
- Make sure you have proper rescue equipment and keep it nearby.
- Keep your pool inside a fence at least four-feet tall and secure it with a durable lock when not in use.
- Remember small children can drown in kiddie pools and watch them accordingly.
- Check your pool’s drains. Suction from a pool’s drain can be powerful enough to trap both children and adults underwater. Do not use any pool or spa with broken or missing drain covers. At community pools, ask the operator if the pool complies with the Pool and Spa Safety Act.
Why it’s important:
- Pools were involved in the overwhelming majority of emergency room visits for drownings and submersion injuries from 2006 to 2008 across the country. They accounted for the majority of reported drowning fatalities from 2004 to 2006.
- From 2006 to 2008, there were on average 3,100 pool and spa related emergency department visits nationwide involving drowning injuries.
- Children ages one and two accounted for 62 percent of drowning injuries from 2006 to 2008 nationwide.
For more information on pool safety, visit www.poolsafety.gov.
The statistics from this article come from the Consumer Product Safety Commission and is available here.
Massachusetts Personal Injury Lawyer David White on Money Matters Radio Network
David White, a principal at the Boston personal injury law firm of Breakstone, White & Gluck, recently appeared on Money Matters Radio for their mid-day show. Here is the audio from the presentation.
David talks about what car insurance you should have to protect yourself, and others, in the event of a car accident; about medical malpractice; and about insurance bad faith in Massachusetts.
To download the broadcast, click here.
Many thanks to our good friends at Money Matters Radio and host Chris Findlen.
Massachusetts Safety Tips for Enjoying the Warm Weather
As it finally cracks 50 degrees and Massachusetts residents get their first taste of spring, everyone is heading outside. Enjoy the nice weather tending to the yard and pedaling your bike, but don’t forget to avoid personal injuries. Here are some ways you and your family can avoid personal injuries:
On a hot humid Boston day, a swimming pool can be an oasis. However, swimming pools can be hazardous for young children. Adults should keep a close eye on children, whether in or near the water. Home pools should be surrounded by a fence that is at least 5 five feet high and self latches. When not in use, the pool fence should be locked. Keep the area around the pool free of clutter that can cause someone to trip. Poolside rescue equipment- such as 10-12 foot rescue pole and a ring buoy with line-should be kept close by. Keep a life vest close by and outfit all poor swimmers with a life vest. Be aware that the suction from pool drains can entrap swimmers underwater. Finally, keep pool chemicals in a safe place, out of reach of children.
Lawnmower Safety
Lawnmower safety starts with the proper shoes. Although it feels great to slip into sandals after months in boots, always wear sturdy shoes when operating a lawnmower along with eye and hearing protection. The next rule of lawnmower safety is to survey the yard for sticks, stones, and other objects that can go flying when struck by a lawnmower blade. Use a mower that will stop moving forward and will stop the blades’ movement if the handle is released. Wait for the blades to stop before crossing a street or trying to remove the grass catcher or discharge chute. Start and refuel motors outside on the yard, rather than in the garage. Finally, never let children under 12 operate a handheld mower or under 16 operate a ride-on mower.
Bicycle Safety
Adults and children alike should wear helmets when riding bikes. Helmets prevent serious injuries and can keep a bike accident from being a fatal accident. Helmets should be worn level on the head with the chin strap secured so the helmet cannot move. Also, when purchasing a bike for your child, make sure the bike is the right size for the child. An oversized bike can be hard to control and dangerous.
Playground Safety
Anyone who has ever fallen off a slide or slipped off the monkey bars knows there are significant risks for personal injuries at the playground. Always keep a watchful eye on children. If putting together playground equipment, make sure the equipment is assembled according to instructions and weighted to the ground. Periodically check for loose, rusted, or sharp pieces. Install safety padding, mats, or soft fill material beneath playground equipment, extending out six feet on all sides. Do not allow children to attach ropes to the playground equipment to avoid strangulation hazards and accidents if the rope comes loose. Make sure walls and fences are at least six feet away from all playground equipment.
For more tips on keeping your family safe this spring and summer, see the following websites:
Home Safety Council (Pool Safety)
US Consumer Product Safety Commission (Pool Safety)
Department of Transportation (Bike Safety)
HealthyChildren.Org (Lawnmover Safety)
Massachusetts Medical Malpractice and Personal Injury Lawyers
Our Video
We have released our first video about our medical malpractice and personal injury law firm.