Posts Tagged ‘lawyer’
Bay State Bike Week 2016: Have Fun and Be Safe
Welcome back cyclists! Bay State Bike Week is here and many of you are commuting to work for competition, attending commuter breakfasts, and participating in events to make this work week pass a little faster. The goals are to help protect the environment, reduce traffic congestion, get a little exercise, and have fun with other cyclists.
Attorney David White and Marc Breakstone on Boston City Hall Plaza with our Project KidSafe tent and Project KidSafe helmets during Bay State Bike Week 2015. The event was Bike Friday and it was organized by Boston Bikes.
Breakstone, White & Gluck is pleased to participate as well. On Friday morning, we will join cyclists at the Bike to Work Day event on Boston City Hall Plaza. If you attend, please stop by our Project KidSafe tent and say hello to some of our lawyers! Boston Bikes is organizing the event.
Have fun and, as always, ride safely. Here are a few bicycling safety resources from our lawyers, MassBike, the Boston Cyclists Union, and other organizations:
Massachusetts Bicyclists’ Rights and Responsibilities
Our checklist of rights and responsibilities for bicyclists and motorists. Read more.
Wear a Bicycle Helmet
To help protect children and families, Breakstone, White & Gluck donates children’s bicycle helmets through our Project KidSafe campaign. Over four years, we have given away over 10,000 brand-new helmets to children who need one. Along the way, we often meet parents who want their children to be fitted for a helmet but do not have one of their own.
Every cyclist needs a bicycle helmet to protect themselves from a head injury in a crash. Bay State Bike Week is a good time check your existing helmet to see if it needs to be replaced. If it is worn or cracked, it is time for a new one! Learn how to properly fit a helmet. Here is a video with instruction:
“Shifting Gears: Bicyclists & Public Safety”
This 11-minute video was produced by MassBike, in partnership with the Massachusetts Department of Public Health and the Boston Police Department. The video was developed to provide police officers instruction on the laws for cyclists and motorists. But it is a good resource for any cyclist or driver.
Specific topics covered in the video include bicyclists’ right to use the road, dooring, safe passing, yielding to bicyclists on turns, parking in bike lanes, bicyclists’ compliance with rules of the road, hand signals, yielding to pedestrians, lights at night, wrong-way bicycling, and crash investigation.
What Every Massachusetts Bicyclist Needs to Know About Car Insurance
While we hope cyclists are never injured, it can make all the difference in the world to understand how your auto insurance policy works. Many cyclists do not realize this, but you can purchase extra coverage on your auto insurance to protect yourself if you are injured on a bicycle. This is important because there may be times when a driver does not have adequate insurance and you need to rely on your own coverage. Read more.
Facts About Cycling in Massachusetts
We answer questions about lights, hand signals, parking and more. Read more.
Trucks vs. Bikes
The Boston Cyclists Union has published this sheet to educate cyclists on the dangers they face when approached by some large trucks. Please read the sheet so you understand some of the risks.
According to Volpe National Transportation Systems Center, nearly half of all bicyclists and more than one-quarter of pedestrians killed in large truck crashes first impact the side of a truck. When a truck has high clearance, a cyclist can fall in the space between the front and rear wheels.
Mandated sideguard on large trucks have reduced cyclist deaths by 61 percent and serious injuries by 13 percent, according to a Transport for London study.
In October 2014, the City of Boston passed an ordinance, requiring truck sideguards, convex mirrors, blind spot awareness decals for city contracted trucks and tractor-trailers of a certain weight. Many trucks do not have to comply with the law, but this may change in the future. Legislation has been proposed to require truck sideguards statewide.
About Breakstone, White & Gluck
Breakstone, White & Gluck is a Boston personal injury law firm which is committed to the safety of all bicyclists in Massachusetts. We have over 100 years combined experience representing bicyclists injured by the negligence of others. If you, or a member of your family, has been injured in a bicycle incident, please feel free to contact us for a free legal consultation at 800-379-1244 or 617-723-7676 or use our contact form. Thank you and RIDE SAFE!
Breakstone, White & Gluck Kicks Off 2016 Project KidSafe Campaign to Promote Children’s Bicycle Safety
Breakstone, White & Gluck kicked off our 2016 Project KidSafe campaign yesterday, continuing our commitment to children’s bicycle safety. Attorney Marc Breakstone visited the iCan Shine Bike Camp in Arlington, where we donated bicycle helmets to the 25 riders.
Attorney Marc L. Breakstone of Breakstone, White & Gluck with a cyclist and volunteer at the iCan Shine Bike Camp at the Ottoson Middle School in Arlington, Mass.
This is the third year Breakstone, White & Gluck has supported the iCan Shine Bike Camp in Arlington. iCan Shine is an international non-profit organization, with local organizers who host five-day camps which teach children and young adults with autism and other disabilities how to ride a bicycle.
Most of the cyclists take their very first ride at camp, said Nina Fischer, the local organizer.
“This camp is a dream come true for our riders and we’re so thankful to our volunteers and sponsors who help make it happen each year,” Fischer said.
Attorney Marc Breakstone said, “We are always pleased to make this donation. Breakstone, White & Gluck is committed to helping children ride their bicycles safely. Wearing a bicycle helmet is the first and most important step and the iCan Shine Bike Camp teaches this valuable lesson at every turn.”
The riders (who are ages 8-25) start the week riding bicycles with specialized rollers on the back, each with help from three volunteers. Yesterday was “Tandem Tuesday.” Cyclists got to ride the tandem bicycle for the first time, sitting on the front seat, with an instructor steering from behind. Later in the week, as the cyclists gain strength, they start riding outside.
Breakstone, White & Gluck cares about children’s cycling safety. Through our Project KidSafe campaign, we have donated over 10,000 bicycle helmets to children in eastern Massachusetts since 2013.
Our goal is to keep children safe and prevent traumatic brain injuries from bicycle accidents. Cyclists of all ages can help protect themselves by wearing a helmet which properly fits, every time they ride. By wearing a helmet, cyclists reduce their chance for head injury by 50 percent, according to the Insurance Institute for Highway Safety.
Our Project KidSafe campaign continues with donations in South Boston, Framingham and Westborough over the next few weeks.
About Breakstone, White & Gluck
Breakstone, White & Gluck is a Boston personal injury law firm which is committed to the safety of all bicyclists in Massachusetts. We have over 100 years combined experience representing bicyclists injured by the negligence of others. If you, or a member of your family, has been injured in a bicycle incident, please feel free to contact us for a free legal consultation at 800-379-1244 or 617-723-7676 or use our contact form. Thank you and RIDE SAFE!
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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Panel Voir Dire Embraced by Judges and Attorneys in First Year
A front page story in Massachusetts Lawyers Weekly reported that judges in the Commonwealth have embraced attorney-panel voir dire. The process was introduced in February 2015 and in the first year, lawyers conducted panel voir dire in 14 percent of Superior Court jury trials.
There was a pilot project for a group of judges to use panel voir dire in most cases, except for life-felony matters or cases with good cause not to use it. While 15 Superior Court judges were part of the program, 38 of the 80 judges ended up trying panel voir dire.
“…The response of judges is extremely encouraging,” said Attorney Marc L. Breakstone.
While plaintiffs’ lawyers are seeking to use panel voir dire, defense attorneys and prosecutors requested it more frequently in criminal cases this first year. There was some form of attorney participation in voir dire in 81 percent of criminal impanelments and 54 percent of civil ones, according to Massachusetts Lawyers Weekly.
Attorney Breakstone predicted judges and attorneys will use panel voir dire for more cases going forward.
“Ultimately, judges will see its utility in every case as a time-saver and as a justice-enhancer. Lawyers and judges have a very steep learning curve,” Attorney Breakstone said.
About Attorney Marc L. Breakstone
Attorney Marc L. Breakstone has established a reputation as one of the top medical malpractice and personal injury lawyers in Massachusetts and New England. Attorney Breakstone has represented seriously injured clients in medical malpractice and personal injury cases since 1986. He is a founder and principal at Breakstone, White & Gluck since 1992. Attorney Breakstone works tirelessly to ensure that his clients receive full and fair compensation as well as achieve the most favorable medical result. He has been recognized as a Top 100 New England Super Lawyer, a Top 100 Massachusetts Super Lawyer and a Massachusetts Super Lawyer in Plaintiff’s Medical Malpractice.
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 by negligence in Massachusetts. 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.
DiCarlo: SJC tells Workers’ Comp Insurers: You Can’t Get What You Don’t Pay For
In a major victory for the rights of injured workers, the Supreme Judicial Court ruled today that pain and suffering damages, to which injured workers are entitled in their accident cases, are not subject to liens from workers’ compensation insurance companies. As a result of the ruling, workers will be able to keep more of their personal injury settlements and verdicts.
Until today, there was confusion over the relationship between workers’ compensation liens and damages paid by a third party to employees for worksite injuries. If an employee gets injured, he or she is entitled to workers’ compensation for lost wages, medical bills, and other specific damages. But workers’ compensation insurance does not pay for pain and suffering damages.
If the worker collects workers’ comp, then successfully sues a third party (not his employer) for those injuries, he or she has a duty to reimburse the insurance carrier up to a point. The mechanism to regulate reimbursement to the insurance company is General Laws c. 152, § 15. The statute provides that an employer can recover its workers’ compensation payments to its employee, if that employee recovers money from a third party.
But, as mentioned above, workers’ compensation pays for lost wages and medical expenses. In a tort lawsuit, an injured party is entitled to more than that, including damages for pain and suffering. In the case where an employee simply recovers lost wages and medical expenses from a third party, there is no dispute that that money is returned to the workers’ compensation insurer in the amount that was paid. Any excess, the employee keeps. But, what about when an employee also gets money for pain and suffering? Does the workers’ compensation insurer get that money back, too?
Today, the SJC said, in no uncertain terms, no. They didn’t quite say “you can’t always get what you want.” But, they did say, you get can’t what you don’t pay for. Workers’ compensation does not pay for pain and suffering. So, if an employee gets a recovery that specifically sets aside damages for pain and suffering, that employee keeps that set-aside amount. Anything else is liable to go back to the workers’ compensation insurer for the amount that was paid (minus its fair proportionate share of attorney’s fees and expenses).
The cases were DiCarlo v. Suffolk Constr. Co., SJC docket no. 11854; Martin v. Angelini Plastering, Inc., SJC docket no. 11853 (both decided February 12, 2016).
For a more detailed analysis, click here.
About Breakstone, White & Gluck
The Boston personal injury lawyers at Breakstone, White & Gluck have over 100 years combined experience representing motorists, pedestrians and cyclists who have been seriously injured in car accidents. 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.
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
Chemical Explosion in North Andover Injures Four; Cause Under Investigation
Four people were injured Thursday in a chemical plant explosion at the Dow Chemical facility in North Andover. The four victims were suffering from burns involving the chemical Trimethylaluminum, a physician at Lawrence Memorial Hospital told WBZ. One of the victims was being treated there. Three others were taken to Boston trauma centers by Medflight helicopter.
In 2013, a worker was killed in an explosion at the same facility.
Chemical explosions like the one in North Andover are tragic and life-changing for victims and families. Breakstone, White & Gluck recently represented the family of an electrician who was tragically killed in 2010 by a propane explosion. Read why the investigation into this case – and many explosion cases – are challenging:
About Breakstone, White & Gluck’s Experience
Attorney Marc Breakstone represented the family of an electrician named William “Billy” Nichols, who was killed in a propane gas explosion while working in a Norfolk condominium in 2010. Nichols, 46, was buried under burning debris for 97 minutes before he was rescued by local firefighters. He had severe burns over 80 percent of his body and was transported by Medflight helicopter to Brigham and Women’s Hospital in Boston, where he later died of his injuries.
Mr. Nichols’ death was the result of negligence on the part of EnergyUSA and Smolinsky Plumbing and Heating. EnergyUSA negligently under-filled a propane gas tank while Smolinsky Plumbing and Heating failed to tighten a furnace connection which led to the leak of the undetectable propane gas which caused the explosion.
Attorney Breakstone obtained a $7.5 million settlement from the companies following an investigation which revealed that EnergyUSA had also sold its assets to a publicly-traded company to avoid paying punitive damages to the victim’s family in a likely jury trial. Attorney Breakstone was able to obtain a court-order to freeze the remaining assets.
Materials from the case:
Norfolk Propane Explosion Victim’s Family Files Lawsuit Against Gas Company and Plumber.
Norfolk Propane Explosion Victim’s Family Files Lawsuit Against Gas Company and Plumber.
Legislation Proposed to Protect Massachusetts Pedestrians and Cyclists
State lawmakers will be asked to consider a truck side guard law to protect pedestrians and cyclists.
MassBike, the state’s leading bicycle advocacy organization, recently offered an update on proposed safety legislation for 2016. The Joint Committee on Transportation will hold a public hearing on the proposed legislation, including the truck side guard law, on Wednesday at the State House.
Truck Side Guard Bill H. 3019/S. 1810
Nearly half of all bicyclists and more than one-quarter of pedestrians killed in large truck crashes first impact the side of a truck, according to the Volpe National Transportation Systems Center. When a truck has high clearance, a cyclist or pedestrian can fall in the space between the front and rear wheels.
The center says sideguards are an effective way to prevent that impact and reduce fatalities and injuries. The United Kingdom has seen results: After implementing its law, cyclist fatalities dropped 61 percent while pedestrian fatalities fell 20 percent. The European Union, Japan, China and Brazil also have truck side guard laws.
In 2014, the City of Boston became the first city in the United States to adopt a truck side guard ordinance, requiring side guards, convex mirrors, cross-over mirrors and blind-spot awareness decals on all city-contracted vehicles over 10,000 pounds. Tractor-trailers have different weight requirements.
The cities of Somerville, Cambridge and Newton were discussing truck ordinances when Boston adopted its measure (and Cambridge did later enter into a partnership to install truck side guards on city-owned vehicles).
But a statewide law would eliminate the need for action by individual cities.
Bike Lane Bill H. 3072/S. 1808
This bill would make parking a vehicle or standing in a bike lane, or other on-road bike facility, a ticketable offense. The fine would be $100.
Vulnerable Users Bill H. 3073/S. 1807
Proposed by MassBike, this bill would require motorists to provide any “vulnerable user” three feet of clearance, even if it means crossing over the center line. Vulnerable road users would include cyclists, pedestrians and others who travel alongside cars. State lawmakers have considered this legislation in the past. According to the League of American Bicyclists, nine other states have vulnerable road user laws and 17 have laws which in some way address vulnerable road users.
About Breakstone, White & Gluck
The Boston personal injury attorneys of Breakstone, White & Gluck have over 100 years combined experience handling bicycle accident and pedestrian accident cases. 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.