Posts Tagged ‘lawyers’
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.
Former Employees: Takata Hid Airbag Defects
Long before the deaths and injuries, Takata knew its airbags were defective, according to two former employees of the company.
In fact, Takata knew about the defects as far back as 2004, the workers told The New York Times. The Japanese company learned one of its airbags exploded and sent metal debris spewing at a driver in Alabama, then began secret testing at its U.S. headquarters in Michigan. The testing was conducted outside normal work hours and was never disclosed until now. Three months into testing, employees began to theorize the problem was the welding on the airbag’s inflator canister, but the investigation was shut down and employees were instructed to destroy all testing data.
It took Takata four years to report the faulty airbags in a regulatory filing. In November 2008, the first Takata airbags were recalled.
The law requires car manufacturers to report safety defects to the government within five days once they are identified. This year has seen the most auto recalls in U.S. history and some hefty fines for Toyota and General Motors for failing to disclose defects. In March, Japan-based Toyota agreed to pay $1.2 billion to the U.S. government to avoid prosecution for hiding “unintended acceleration” defects. In May, General Motors was ordered to pay a record $35 million civil fine for failing to disclose deadly ignition switch defects.
Starting in 2008, Takata’s airbag recalls continued slowly, then got a big push last month from the National Highway Traffic Safety Administration (NHTSA). NHTSA issued a consumer advisory which urged drivers to immediately check if their vehicle’s airbags had been recalled and arrange for a repair. To date, 11 car manufacturers have recalled more than 14 million vehicles worldwide. Four deaths have been linked to the defective airbags and at least 139 people have been injured.
A few notes about this story:
Check Your Car. Every driver should check if their car has been recalled at SaferCar.gov. You can also read our blog for answers to many common consumer questions. Most impacted drivers will have to wait for replacement airbags so it is best to call your local dealer as soon as possible. Some carmakers are advising drivers not to carry passengers until their airbags have been replaced.
Why the Airbags are Defective. The airbags are defective because they have a steel canister which can crack when the device deploys in a car crash, sending metal, plastic and chemicals exploding at drivers and front seat passengers. The airbags have an inflator, which is comprised of a propellant based on a common compound used in fertilizer.
Honda. One question going forward is: How much did Honda know? This matters because Honda made more than 5 million of the recalled vehicles. The New York Times reports a 2002 Honda Accord was involved in the 2004 accident in Alabama. Honda officials say Takata assured them the accident in which a driver was injured by a ruptured airbag was an “anomaly.” Honda settled the case with the driver but Takata began its own secret testing, according to the employees. The NHTSA has ordered Honda to produce all its documents related to the Takata airbag recall by Dec. 15, so we may learn more then.
About Breakstone, White & Gluck
The Boston product liability lawyers at Breakstone, White & Gluck have over 100 years combined experience representing clients injured by negligence in Massachusetts. If you have been injured, learn your rights. For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our form.
Replace Your Smoke Alarm Batteries As Daylight Saving Time Ends
Many of us are thinking about Halloween today. But Daylight Saving Time also ends this weekend. While setting your clocks back, remember to replace your smoke alarm batteries and test to make sure they work properly.
As we approach winter, we increase use of electrical appliances and the risk for home heating fires rise. In fact, half of all home heating fires happen in December, January and February. The death rate in homes with no working smoke alarms is twice as high as those with alarms, according to the National Fire Protection Association. Often, homes have smoke alarms but the batteries are missing disconnected or dead.
Make as many of these safety checks as you can this weekend:
Smoke alarms. Replace your smoke alarm batteries in every unit of your home and smoke alarms which are 10 years old. Also check if your smoke alarm model has been recalled. Kidde recalled 1.2 million smoke and carbon monoxide alarms in September. You can search for other recalls at www.cpsc.gov.
Carbon monoxide detectors. The state of Massachusetts began requiring carbon monoxide detectors in every residence in 2006 and many home owners have passed the 5-7 year lifespan of their models. Check if yours needs to be replaced. If you have a combination smoke alarm/carbon monoxide detector, check the unit’s specific instructions.
Washing machines and dryers. Clothes dryers are responsible for many home fires, but most can be prevented by regularly checking and cleaning the filters. Clean your models out now.
Cooking. Unattended cooking is the leading cause of cooking fires. Clear out any clutter in your kitchen now so you have plenty of room to set out your ingredients in advance. Find a cabinet or drawer to store anything you may need so you do not have to leave the room while cooking. Make sure you have a functioning fire extinguisher.
Home heating. Arrange for oil delivery or have your chimney or wood stove professionally cleaned. If you are using a space heater, take a few minutes to read our home heating safety tips. Each year, space heaters cause 80 percent of home heating fire deaths and one third of all home heating fires.
Get ready for the snow. Get your snow hat, gloves, shovel and road salt ready now and set them aside in the same place throughout the winter. When it snows, you want to be able to easily find them so you can clear your front steps and driveway so no one slips and falls in the snow and ice.
Cords. Walk through every room of your home and see what is plugged into the electrical outlets. Look under beds, behind computers, in power supplies and in your children’s rooms. Unplug cords you are not using and put them in a drawer until you need them. Pay extra attention to the USB cords for your tablets and cell phones and replace them if they look old or worn.
Get your car ready. Take a few precautions and reduce the stress of traveling in the snow. Collect and pack away ice scrapers and small shovels as well as an extra hat, pair of gloves and clothing in case you become stuck while traveling. Also pack a couple flashlights, a non-perishable snack, such as a granola bar, and make sure all your vehicle paperwork is easily accessible in the glove compartment.
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Breakstone, White & Gluck Donates 150 Bike Helmets for Children in Westwood
Westwood families received free bike helmets for their children and learned about cycling and pedestrian safety at Westwood Town Day on September 27th.
The Westwood Pedestrian and Bicycle Safety Committee hosted an informational table at the town celebration which was held at the Westwood High School. Breakstone, White & Gluck donated 150 bike helmets which were distributed to children age 16 and younger. The helmets went quickly at the annual event, which offers a fireworks display, music, food and road races for adults and children over the course of two days. Committee members fit children for the bike helmets and explained the importance of always wearing them. Attorney David White, a Westwood resident and committee member, helped fit the helmets.
In Massachusetts, children age 16 and younger are required by law to wear bike helmets. Cyclists of all ages should wear helmets to protect themselves and reduce the risk of head and brain injuries. Many cyclists neglect to do this. In fact, less than half of all cyclists actually wear helmets, according to the Centers for Disease Control and Prevention.
Breakstone, White & Gluck donated the helmets as part of Project KidSafe, our community service project to help prevent injuries among children. Our firm’s specialty is handling personal injury cases for those who have been injured, so we know firsthand the importance of injury prevention. We are devoted to keeping children safe. This is the second year we have donated bicycle helmets to organizations around the state. So far, we have donated over 2,000 helmets.
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National Child Passenger Safety Week: Check for Child Seat Recalls This Year
This is National Child Passenger Safety Week, when parents can get answers to common questions about driving safely with their children.
National Child Passenger Safety Week began last weekend and is observed by the National Highway Traffic Safety Administration (NHTSA) and local communities. It ends this weekend with National Seat Check Saturday.
Motor vehicle accidents are one of the leading causes of death for children in the United States. Child safety seats reduce the risk for injury if they are used properly, by more than 70 percent when it comes to infants and more than 50 percent for children age 1 to 4. But parents have long struggled with how to use them. In one study, more than 70 percent of 3,500 observed car and booster seats were misused in a way that could harm children, according to the Centers for Disease Control and Prevention (CDC).
Parents should also closely examine their child safety seat models this year. Several months ago, Graco recalled more than 6 million child safety seats, the largest car seat recall in U.S. history. Parents reported they were unable to unbuckle defective harnesses and had to cut their children out of the straps. The cause was food was getting dried up in the harnesses and causing them to stick.
Child passenger safety laws have changed over the past decade and every state now has a law for infants and children-fitting specific criteria. All but two (Florida and South Dakota) require booster seats for older children. The Massachusetts Child Passenger Safety Law requires children to ride in federally-approved child passenger safety seats that are properly secured until they are eight years old or over 57 inches tall.
Despite laws for older children, Safe Kids, a national non-profit organization, has released a new report, showing 7 in 10 parents did not know a child should be at least 57 inches or 4’9″ tall before they ride in a car without a booster seat. The organization surveyed 1,000 adults.
A few resources on child safety seats:
Check Your Car Seat Label. Become informed about the specifics of car seats. Make sure yours fits your child’s weight, size and age. For infants through age two, look for a rear-facing child safety seat. For children between ages 2 -4 or up to 40 pounds, choose a forward facing child safety seat. From age 4 to 8 or 57 inches, children should ride in belt positioning booster seats. Read more.
Car Safety Seat Checklist for Parents. Safe Kids has developed this checklist for parents.
Register Your Car Seat. Here is a resource from the NHTSA on registering your car seats with the manufacturer. This will allow the manufacturer to contact you if there is a defect.
Used Car Seat Safety Checklist. Here is a resource from the NHTSA on using used child safety seats.
Community Events. Some organizations offer free car seat safety inspections this weekend as part of National Seat Check Saturday and allow parents to make appointments with trained professionals throughout the year. Here is a directory of locations or you can contact your local police department to ask about resources in your community.
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Boston Mayor Proposes New Truck Safety Ordinance
Mayor Marty Walsh is proposing a new safety ordinance for city-contracted trucks in Boston, a measure being widely watched after several cyclists have died in truck crashes. It is believed to be the first such ordinance in the nation.
Walsh, who took office in January, submitted an Ordinance to Protect Vulnerable Road Users to the Boston City Council earlier this week. The City Council was expected to take it up today in session.
If passed, the ordinance will require side guards, convex mirrors, cross-over mirrors, and blind-spot awareness decals on all vehicles over 10,000 pounds which are contracted with the city. The goal is to prevent truck accidents by giving drivers a better view around them. When trucks do not comply, fines start at $100 for the first offense and contracts can ultimately be terminated.
The Boston Cyclists Union called for these measures after a cyclist was killed in a Charlestown truck accident in April. It has released a fact sheet, “Safeguards Saves Lives.” According to the fact sheet, 4 percent of vehicles in the U.S. are trucks though they cause 11 percent of all bicyclist fatalities and 7 percent of all pedestrian fatalities.
Since 2010, 11 cyclists in Boston have died as a result of motor vehicle crashes, according to figures cited by Boston Magazine. Seven cases involved trucks. Here is another concerning figure: From 2009 to 2012, there were 1,700 confirmed cyclist incidents documented by Boston EMS emergency medical technicians and paramedics.
The City of Boston has been working on truck safety. Last year, the city began a pilot program, the largest in the nation. The Mayor’s Office of New Urban Mechanics and the city’s Public Works Department tested three different types of guards on 16 active vehicles driving the streets.
In April, the National Traffic Safety Board made similar recommendations to prevent tractor-trailer accidents.
About Breakstone, White & Gluck
The Boston personal injury lawyers at Breakstone, White & Gluck have over 100 years combined experience representing injured cyclists and pedestrians. We support efforts to make the roads of Boston safer and donate bike helmets for children each year, in Boston as well as Cambridge and Somerville and other communities. For a free legal consultation, visit 800-379-1244 or 617-723-7676 or use our contact form.
Breakstone, White & Gluck Supports Bike Safety Events in East Boston and East Arlington
Boston has some hard-working community bike programs which help children and their families learn the rules of safety. We recently supported two of these community groups, Boston Bikes and East Arlington Livable Streets Coalition.
Boston Bikes Bike Giveaway in East Boston. On June 12, the Boston Bikes’ Roll It Forward program gave away 40 bikes to children at the Orient Heights Boston Housing Authority Development. Children ages 5-7 were invited to sign up to receive a bike. Boston Bikes collects and repairs used bikes to distribute through its Roll It Forward program, which serves Boston residents who do not have access to a bike.
Children who participated received a new bike along with a new bike helmet. Attorney Sam Segal of Breakstone, White & Gluck helped fit the children for new helmets and spoke to them about the importance of wearing one while riding. Then, the Boston Bikes staff and volunteers taught the children safe riding techniques. Afterward, each child received a certificate showing they had completed safety training.
Attorney Sam Segal of Breakstone, White & Gluck helps fit bike helmets at a Boston Bikes event at Orient Heights Boston Housing Authority development.
Boston Bikes event at Orient Heights Boston Housing Authority development.
Boston Bikes event at Orient Heights Boston Housing Authority development.
Thompson School in East Arlington. On June 4, the East Arlington Livable Streets Coalition organized a bike safety training for 98 fourth- and-fifth graders at Thompson elementary school. A representative from MassBike spoke to the children about safe riding techniques, proper helmet fitting and bike maintenance. Phil Goff of the East Arlington Livable Streets Coalition also spoke to the children about wearing bike helmets and safety. Breakstone, White & Gluck donated bike helmets to children who showed up without one or needed one that properly fit.
East Arlington Livable Streets Coalition event at Thompson School in East Arlington.
Learn more about Boston Bikes’ Roll It Forward and East Arlington Livable Streets Coalition.
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Motorcycle Safety Awareness Month: Safety Reminders and Our Experience Representing Injured Riders
Before June begins, we have a final thought for May, which was Motorcycle Safety Awareness Month.
Motorcycle use continues to grow in the U.S. but so do motorcycle accidents. For 15 years now, we have seen an annual increase in motorcyclist fatalities, according to the National Highway Traffic Safety Administration (NHTSA). The one exception was 2009. When motorcyclists survive, they are also suffering more non-fatal injuries. In 2012, 93,000 motorcycling injuries were reported, 12,000 more injuries than in 2011.
A few safety reminders for drivers:
- Remember motorcyclists have all the same rights, privileges and responsibilities as other motorists.
- Allow motorcyclists a full lane width.
- Give motorcyclists extra following distance when you are behind them.
- Before you switch lanes, always check your vehicle’s mirrors and your blind spot for motorcyclists.
- Make sure you signal your intention to change lanes or merge with traffic.
- Do not rely on a motorcyclist’s flashing turn signal. The rider may have forgotten to turn it off or it may not be self-cancelling.
A few safety reminders for motorcyclists:
- Remember to wear your helmet and do not let any passengers ride without one. In 2012, overall motorcycle helmet use fell to 60 percent. Passenger helmet use dropped to 46 percent.
- Wear reflective tape whenever possible.
- Do not consume alcohol when you are operating.
- Obey traffic laws. You must have a special license to operate a motorcycle in Massachusetts and that is important. Some 24 percent of all riders who are involved in fatal motorcycle crashes are operating with invalid licenses.
Our Experience Representing Injured Riders
The Boston personal injury lawyers at Breakstone, White & Gluck have over 100 years combined experience handling automobile and motorcycle accident cases.
Read about one case attorney Ronald Gluck handled for an injured motorcyclist. Gluck’s client was seriously injured when a negligent driver cut into his lane and struck his motorcycle. He suffered numerous injuries, including facial fractures, concussions, blindness in one eye and a shoulder injury and had to undergo surgeries. Gluck negotiated a $3.75 million settlement.
Read about the case on our website.
Read the client’s review on Avvo or below.
Contact Breakstone, White & Gluck in Boston
If you have been injured in a motorcycle accident, it is important to access immediate medical treatment. Then learn your rights for seeking compensation. For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.
Breakstone, White & Gluck Donates 100 Bike Helmets, Partners with the Westborough Bicycle and Pedestrian Advisory Committee
Cycling safety became a fun lesson in Westborough last weekend, as 100 children learned a few basics about the road and got to take home new bike helmets.
The Westborough Bicycle and Pedestrian Advisory Committee and attorney David White handed out the bike helmets on Saturday at the Westborough Spring Festival and the Boroughs Family Branch of the YMCA of Central Massachusetts.
Breakstone, White & Gluck donated the helmets and will donate more at several other events in the Boston area this year. Our goal is to encourage bike helmet use to reduce the risk of head injury among children. This is the second year we have donated bike helmets to children and our first year working with the Westborough community.
“It was a pleasure to work with the Westborough Bicycle and Pedestrian Advisory Committee, the Westborough Rotary, and the Boroughs Family Branch of the YMCA of Central Massachusetts,” attorney David White said. “We were able to quickly fit 125 bicycle helmets on young kids–and an occasional parent too!”
Each year, 26,000 children and adolescents sustain traumatic brain injuries related to cycling and are treated in U.S. hospital emergency rooms. In 2010, children and teenagers under the age of 20 accounted for about half of all 515,000 bicycle-related injuries in the U.S.
The Westborough Bicycle and Pedestrian Advisory Committee’s mission is to explore ways Westborough can become safer for pedestrians and cyclists, work to develop a rail trail along an old trolley line in town and advise the Board of Selectmen on roadway safety issues and preventing bicycle accidents. In addition, the committee is working to encourage private and community investment in bike racks and signage.
Photos: Top: Bruce Tretter and members of the Westborough Bicycle and Pedestrian Advisory Committee and attorney David White of Breakstone, White & Gluck at the Westborough Spring Festival. Bottom: Attorney David White at the Boroughs Family Branch of the YMCA of Central Massachusetts.
Visit our Bike Safety Outreach page to learn more about our bike helmet donation events.
22 Years and Counting!
Founded in May 1992, Breakstone, White & Gluck celebrates its 22nd anniversary this week. Our law firm has been guided by a commitment to provide consistently excellent representation to individuals and families who have been seriously harmed by the negligence of others. We feel honored to help our clients not only obtain full and fair financial compensation, but also the best possible medical and personal end-results. We are grateful to the innumerable referring attorneys who have entrusted their clients’ cases to us. We are thankful to our own families for their love and support. We look forward to continuing to serve our community and our clients in the future. Thank you.