Posts Tagged ‘“car accidents”’
Parents: Does Your College Student Think Drowsy Driving is Dangerous?
A new study shows college students are engaging in drowsy driving and do not consider it to be as dangerous as texting while driving and operating under the influence.
As a parent, you have probably talked to your college student about the risks of drunk driving and texting while driving on many occasions. What about drowsy driving? A new study reports college students are not taking this risk as seriously – even as drowsy driving causes an estimated 300,000 traffic crashes each year in the U.S.
The study was published in the February edition of the journal Sleep Health. Researchers conducted four focus groups involving 26 undergraduate students in 2016. Students were asked about their driving behaviors and perceptions about dangerous driving.
Most of the students considered themselves safe drivers, yet they viewed drowsy driving as less risky than operating under the influence of alcohol and distracted driving. Students actually said drowsy driving was “normal” and an “unavoidable part of their lives.” They admitted to drowsy driving in the past. Whether as a driver or passenger, many had actually been in some way involved in a drowsy driving car crash or near accident. In most cases, students were driving alone in the early morning or at night.
Distracted Driving Study: One in Four Drivers Are Using Cell Phones Before Crashes
Here is another reason for Massachusetts and other states to consider passing laws which ban handheld cell phone use by drivers. A new study reports one in four drivers who crashed was using a cell phone within the previous minute. Cambridge Mobile Telematics released the study last week to coincide with April’s Distracted Driving Awareness Month.
Our country needs a reminder this year. Motor vehicle accident deaths are on the rise, as the National Safety Council reported nearly 40,000 deaths in traffic crashes last year. In fact, the period from 2014 to 2016 saw the largest two-year increase in more than 50 years.
Meanwhile, this year has already seen hundreds of deaths across the U.S. Just last month came a horrific accident in Texas. A driver in Uvalde County, who was texting while driving his pick-up truck, crashed into a church bus, killing 13 people. Texas is one of 5 states which do not ban texting while driving.
New Distracted Driving
Over the past 18 months, Massachusetts-based Cambridge Mobile Telematics tracked about 1,000 car accidents via its smartphone app called DriveWell. Some insurance companies offered customers the app and provided incentives for safe driving.
The app uses a smart phone’s sensors to track driver behaviors, such as the way a phone is held. Drivers in stopped vehicles were not counted. The app tracks distracted driving behaviors at speeds greater than 9 miles per hour. Some 29 percent of the distracted drivers were traveling much faster though, over 56 mph.
Massachusetts is one of 45 states which bans the practice of texting while driving. The state’s ban has been in place since September 2010.
Drivers can still make phone calls, except for junior operators who are under age 18 and bus drivers. Though the Massachusetts state Senate did approve a handheld cell phone ban in 2016, the bill never cleared the state House of Representatives.
Allowing drivers to make handheld cell phone calls is a safety hazard and makes it hard for police to enforce the state’s texting while driving ban. Many argue police cannot differentiate between a driver picking up their phone to make a call or reaching for it to check their e-mail or text messages.
But the DriveWell study gives the state of Massachusetts another reason to consider a cell phone ban. Some 14 states already have these bans, including New Hampshire.
Reducing the Distractions in Your Car
Most people think of distracted driving as cell phone use, texting and checking your Facebook accounts. But the distractions run deeper. Distracted driving is really any behavior that takes your attention off the road, including eating, drinking or being engaged in conversations with passengers that take your attention off the road. Think about your own driving routine. How can you reduce the distractions?
About Breakstone, White & Gluck
The Boston car accident lawyers at Breakstone, White & Gluck have over 100 years combined experience representing those who have been injured in car accidents, truck accidents and motorcycle accidents. If you have been injured, learn your rights for seeking compensation. For a free legal consultation, contact our attorneys at 800-379-1244 or 617-723-7676 or use our contact form.
Can the City of Boston Be Held Liable for Self-Driving Accidents? Attorney Marc Breakstone Interviewed as Legal Expert for Boston Herald Article
Attorney Marc L. Breakstone was quoted as a legal expert in a Boston Herald article titled “In Driver’s Seat With Insurance” (March 31, 2017). NuTonomy, the self-driving car company now testing its hands-free technology in Boston, has taken out a $5 million insurance policy to guard against lawsuits. Earlier this month, a self-driving Uber vehicle was involved in a car accident in Tempe, Arizona. Police found the Uber vehicle was traveling at 38 mph, below the speed limit, when the collision occurred and was not at fault. While there were no serious injuries, the accident has raised concerns.
Attorney Breakstone was asked whether the City of Boston could be held liable if there is an accident involving NuTonomy. He said no, but read his full answer.
Attorney Reza Breakstone has written on the topic of self-driving cars and the legal questions they raise. In 2016, he co-wrote an article titled, “The Self Driving Car: Science Fiction Becomes Reality, Creating a Legal Quandary,” for The Litigator, the official publication of the Capital City Trial Lawyers Association in Sacramento, California.
Report: Dramatic Rise in Traffic Accidents in 2016
Driving on U.S. roads became more dangerous in 2016. Preliminary data from the National Safety Council shows more than 40,000 people died in motor vehicle crashes last year, a 6 percent increase from 2015.
- This was the first year more than 40,000 people have died in traffic accidents since 2007.
- According to The New York Times, 2015 and 2016 saw a 14 percent increase in traffic deaths, the largest two-year increase in more than half a century.
- In addition to deaths, an estimated 4.6 million people suffered serious injuries in car accidents last year. The total costs came to $432.5 billion, for motor vehicle deaths, injuries and property damages.
- In Massachusetts, 399 traffic deaths were reported in 2016, a 13 percent increase over the prior year (these are also preliminary figures).
The National Safety Council said lower gasoline prices and an improving economy may be helping to fuel the rise in traffic deaths. Others point to seat belt laws and texting while driving and other distracted driving behaviors.
If you drive, take to the roads safely. Follow the speed limit and make sure everyone in your family puts down their cell phone while driving.
Read our Article: Understanding and Buying Auto Insurance in Massachusetts
Until it happens to you, few people understand the costs associated with a car accident, and the toll on your physical health and emotional well-being. We hope you are never injured, but encourage you to read our article to protect yourself and your family.
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 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.
Study: Pedestrian Fatalities Are Rising in Massachusetts, Across U.S.
Walking, even in the crosswalk, is becoming more dangerous.
The Governors Highway Safety Association (GHSA) is projecting a 10 percent increase in pedestrian fatalities in traffic crashes across the U.S. last year. This marks the largest increase in four decades, since data was first collected.
The official tally shows an estimated 2,368 pedestrians were killed between January and June of 2015. Researchers expect annual figures to reach the 10 percent mark.
In Massachusetts, 34 pedestrians were killed during the first half of 2015, up 26 percent from 27 fatalities in 2014.
Already in 2016, there have been numerous pedestrian fatalities. WalkBoston, a non-profit advocacy group, recently reported 11 people were killed while walking in Massachusetts in January alone. The accidents were reported in South Hadley, Malden, South Yarmouth, Worcester, Roslindale, Dorchester, Reading, Framingham, South Boston, Quincy and other communities.
In at least four cases, pedestrians were tragically killed while walking in a crosswalk, where they should have special protection under Massachusetts law.
“The law is clear. Pedestrians have the right of way when crossing the street in a crosswalk or at an intersection with the “Walk” signal,” said Attorney Ronald E. Gluck, who has represented victims of pedestrian accidents in Boston for 35 years.
Gluck added, “Drivers who disobey this law can expect to face stiff consequences. They can expect to be charged criminally, especially if there is injury or death. But a police officer can charge any driver who violates the law, even if there is no injury. They can also expect to face consequences in a civil case brought by the injured pedestrian or the family of a pedestrian who was killed.
About Our Experience
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 in Massachusetts. Read the case report here. To learn more about the law firm, visit our website.
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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
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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.
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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.