Are You Ready for Winter Driving?

car-snow-200.jpgWinter is almost here! We have already seen the first snow flurries in Massachusetts, and it is time for drivers to get prepared for winter driving.

Each year, over 1,300 people are killed and more than 116,800 people are injured in car crashes on snowy, slushy or icy pavement, according to the U.S. Department of Transportation. During snowfall, nearly 900 people are killed in accidents and 76,000 are injured.

Stay safe on the roads this winter. Our Boston car accident lawyers share these tips:

Slow Down! Reduce your speed. When it snows, if you are traveling the speed limit, you are probably traveling too fast for road conditions and are at risk for causing a car accident.

Leave Extra Distance. It takes longer to stop on snowy and icy roads. Increase your following speed to 10 seconds.

Clear Snow and Ice. Make sure your car and windows, including your headlights and turn signals, are free from all snow and ice when you drive.

Gas. Keep your gas tank at least half-full throughout the winter.You will be prepared in case of a serious storm, and you can make sure your gas lines do not freeze up.

Check Your Tires. Inspect your tire tread to make sure your tires are ready for winter. Also, check your tire pressure once a month in the winter.

Exhaust. Keep your exhaust pipe clear of snow.

Practice After the First Snow Storm. On the first icy, snowy day, find a big parking lot that is empty and practicing your skills for handling skids.Teach the new drivers in your home to control a skid the first chance you get.

Highways. If the roads are still being cleared, travel in the lane which has most recently been plowed and avoid changing lanes.

No Cruise Control. Do not use cruise control on slippery roads.

Pedestrians. Remember you may not be able to see pedestrians around snow banks. Reduce your speed and take an extra minute to check for them at intersections.

Check Your Auto Insurance. Check your auto insurance policy. Many people do not have enough insurance to pay their medical bills if they were injured on the road. A few important coverage types to ask your agent about: Underinsured, Uninsured and Medical Payments coverages. Read our attorneys’ article.
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Our Thanksgiving Wishes

thanksgiving-250.jpgThe lawyers and staff at Breakstone, White & Gluck wish you a very Happy Thanksgiving. We hope you enjoy this special time with family over a tasty meal (with plenty of leftovers!). We also appeal to you to take a few steps for safety’s sake:

Drive Safely. AAA projects nearly 39 million U.S. travelers will drive 50 miles or more from home this Thanksgiving holiday weekend. If you can, avoid traveling during busy times such as Thanksgiving Eve. No matter when you drive, make sure you pay attention, monitor traffic reports, never drive when you are drowsy and start your trip with a full tank of gas.

Distraction-Free Driving. Commit to not use your cell phone while driving, especially in traffic congestion. Do not make phone calls or text while driving, the latter of which is against the law in Massachusetts. If you are using your cell phone as a GPS, have someone in the passenger seat handle your phone.

Smoke Alarm Batteries. Change your smoke alarm batteries, if you did not do so in early November, when Daylight Saving Time ended. About two-thirds of home fire deaths occur in homes with no smoke alarms or working smoke alarms, according to the Consumer Product Safety Commission (CPSC). You should test the batteries in all your home’s smoke alarms monthly.

Cooking Fires. The threat of a cooking fire triples on Thanksgiving, according to the CPSC. Stay in the kitchen while frying, grilling or broiling food. If you have to step away, turn off the stove.

Prevent Food Poisoning. A few reminders are regularly wash your hands in the kitchen, along with food surfaces and utensils. Separate raw meat and poultry from other food. Cook your turkey to a safe minimum internal temperature of 165 degrees. The Centers for Disease Control and Prevention also recommends cooking your stuffing in a separate dish outside the turkey. As for leftovers, make sure to eat within three or four days.

Keep Children Away From Food. Keep young children out of the kitchen while cooking. They could spill hot liquids or scald their skin on the oven.

Look for Hazards to Children. If you are at an unfamiliar home, do a visual scan of potential dangers for children. Keep them away from brick fireplaces, garage entrances and other hazards which could cause them injury.

Turkey Fryers. The National Fire Protection Association discourages use of turkey fryers. But if you use one, make sure you take it outside, a good distance from your home or any structure. Do not cook on the roof of apartment or condominium buildings. Dress so you are prepared to deal with hot oil spills and never leave the fryer unattended.

No Drinking and Driving. Do not drive after consuming alcohol. You risk seriously injuring yourself or someone else in a car accident. You could also be criminally charged.

This message is especially important on Thanksgiving. Mothers Against Drunk Driving (MADD) reports drunk driving deaths continue to increase during the holiday season. Many accidents occur on Thanksgiving Eve – a day it calls Blackout Wednesday – and the early hours of Thanksgiving Day. In 2010 alone, 174 people in the U.S. were killed during the Thanksgiving holiday weekend, in addition to many others who were injured.

Related:
14 Things to Know About Traveling on Thanksgiving Weekend in Massachusetts, North Reading Patch.

Boston Traffic Reports, Boston.com.

It’s Turkey Time: Safely Prepare Your Holiday Meal, Centers for Disease Control and Prevention.

Thanksgiving Home & Travel Safety Tips, Mass.gov.
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New England Construction Worker Injuries Need More Study, Researchers Say

constructionworker v2.jpgA new pilot study measures the physical and emotional toll on New England’s construction workers – and researchers say more investigation is needed.

Construction workers face a high risk of physical injury on the job. In 2011, these workers accounted for 12 percent of all workplace deaths in the U.S., according to the Bureau of Labor Statistics (BLS). Construction accidents and injuries can happen when employers or construction site managers are negligent in complying with OSHA and other safety regulations, fail to properly staff a job or do not provide the necessary training.

The new study from Harvard School of Public Health shows 20 percent of the construction workers surveyed showed signs of being at risk for suicide. More than 40 percent had suffered one or more workplace injuries in the prior month.

The study was published online Oct. 1 in the Journal of Occupational and Environmental Medicine. Researchers say the findings show more detailed studies are needed to provide a better understanding of the high frequency of construction injuries and how they relate to mental distress. Researchers also want to focus on increasing literacy rates among construction workers and preventing suicide and suicide attempts.

Study Findings
In August 2012, the researchers surveyed 172 New England construction workers whose average age was 41 years old. They were questioned about psychological distress, depression, anxiety, job satisfaction, musculoskeletal use, injuries and alcohol and tobacco use.

Of these workers, 75 percent had experienced musculoskeletal pain over the past three months. In the month prior, 42 percent had reported one or more work injuries. When researchers followed up by phone with workers who fit the criteria for depression, 20 percent showed signs of being at risk for suicide. Some 16 percent reported they were distressed but the majority – nearly 60 percent – had sought no professional help.

When proper precautions are not taken, construction workers face numerous risks for physical injury and death. The most common causes are falls, electrocution, being struck by an object and being caught in or between equipment and buildings, according to the BLS. Nearly three out of every five construction workers are killed by one of these causes.

Here in Massachusetts
Here in Massachusetts, construction workers face the same risks. In 2012, 32 workers died on the job, including six construction workers, according to the Massachusetts Coalition for Occupational Safety and Health (MassCOSH), which reports figures annually each spring.

Over the summer, the state saw three tragedies. In August, a tree worker died from burn injuries in Holliston, after coming into contact with live wires. A week earlier, another tree worker suffered serious electrical burns in Chelmsford when he was hit by branches and live wires. In July, a 26-year-old construction worker was killed at a Plymouth construction site when a concrete form collapsed and crushed him beneath wooden frames.

MassCOSH is starting to collect new data on other risks to construction and other workers. In its most recent “Dying for Work” publication, it reported 320 Massachusetts workers died from occupational diseases. It estimated asbestos exposure caused over 90 deaths that year.

Related:
Construction workers struggle with pain, stress from injuries, Harvard School of Public Health.

Dying for Work in Massachusetts, April 28, 2013, MassCOSH
MassCOSH website.
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Breakstone, White & Gluck Selected for New England and Massachusetts Super Lawyers Lists; 10th Year Honored

trio-300.jpgWe are pleased to announce our lawyers have been honored as Super Lawyers for 2013.

Partners Marc L. Breakstone, David W. White and Ronald E. Gluck were selected for inclusion to the Massachusetts Super Lawyers for 2013 list. Associate Samuel A. Segal was also selected to Massachusetts Super Lawyers Rising Stars for 2013. The honors will be printed in a supplement of November’s edition of Boston Magazine.

Breakstone, White & Gluck’s lawyers have been recognized by Super Lawyers for 10 years, first in 2004. Super Lawyers is a publication of Thomson Reuters. It rates lawyers across the country and recognizes no more than the top 5 percent of lawyers in each state. Attorneys are selected using a rigorous, multiphase process that includes independent research, peer nominations and peer evaluations.

Rising Stars uses the same selection process, except candidates must be 40 years old or younger or in practice for 10 years or less. Only 2.5 percent of lawyers in each state are recognized as Rising Stars.

Attorney Marc L. Breakstone was selected as one of the Top 100 New England Super Lawyers for 2013, a Top 100 Massachusetts Super Lawyer for 2013 and a Massachusetts Super Lawyer for 2013. This is Breakstone’s fourth time being selected as a Top 100 New England Super Lawyer. He has been selected to the Top 100 Massachusetts Super Lawyer seven times and a Massachusetts Super Lawyer for ten years. Breakstone, a graduate of Northeastern University School of Law, has been practicing law in Boston for over 25 years and specializes in personal injury cases involving wrongful death, medical malpractice, gas explosions, construction accidents and transportation accidents. Read more about Marc.

Attorney David W. White was selected as a Top 100 Massachusetts Super Lawyer for 2013 and a Massachusetts Super Lawyer for 2013. It is White’s fifth time on the Top 100 Massachusetts Super Lawyer list and tenth year on the Massachusetts Super Lawyers list. He has also been named to the Top 100 New England Super Lawyers list twice. White, a graduate of the Northeastern University School of Law, is a past president of the Massachusetts Bar Association and has been practicing law in Boston for over 25 years. He specializes in personal injury, wrongful death, insurance bad faith, bicycle accident and motor vehicle accident claims. Read more about David.

Attorney Ronald E. Gluck was selected as a Massachusetts Super Lawyer for 2013 for the ninth year and a New England Super Lawyer for the seventh time. Gluck has been practicing law in Boston for over 30 years and serves on the Board of Governors for the Massachusetts Academy of Trial Attorneys. Gluck specializes in personal injury cases involving wrongful death, car accidents, head injuries, motorcycle accidents, liquor law liability, premises liability, defective medical devices and pharmaceutical product liability. He is a graduate of Case Western Reserve University School of Law. Read more about Ron.

sam-125.jpgAttorney Samuel A. Segal was selected as a Massachusetts Super Lawyer Rising Star for 2013. Segal joined Breakstone, White & Gluck as an associate in early 2010 and has handled cases involving personal injury, auto accidents, dog bites, gas explosions and medical malpractice. Segal is an active member of the Young Lawyers Division of the Massachusetts Bar Association and volunteers as an attorney-coach for the Cambridge Rindge and Latin School Mock Trial Team in Cambridge. He is a graduate of Northeastern University School of Law.
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Please Put Down Your Cell Phone, Eliminate Driving Distractions for Back to School

Texting while drivingWe suggest parents now talk to your children about the rules for getting to and from school safely. No skipping over the hard part: talking about when everyone, parents and children alike, should put down the cell phone.

Walking to School. Encourage your child to use sidewalks and crosswalks with crossing guards or walk signals. Agree on a route with your child and never let them walk alone. Every year, drive or walk the route yourself so you can identify any problems.

Bicycling. Make sure your child wears a helmet – it’s the law and it’s common sense. While your child has many of the same rights as a driver, remind them to take it slow in parking lots or and when passing cars. They should learn to make eye contact with drivers in their vicinity–that way they can read the intention of the driver more clearly. Read about Massachusetts law for bicyclists.

Late Activities. It will get dark earlier now. Make sure you child has a safe way home after it gets dark. Consider picking them up or make other arrangements.


Reflective Clothing.
If your teenager needs to walk at night or be near traffic, consider purchasing reflective clothing to keep at home. Many backpacks and sneakers have reflectors–look for products like that.

Ask Your Children to Put Away Their Cell Phone. When students are distracted, they may not be able to respond to drivers who are not using caution. Safe Kids Worldwide, a non-profit organization, recently reported that it observed 34,000 children crossing the street near 68 U.S. schools. Of these, one in five high school students were distracted by an electronic device. The rate was one in eight among middle school students.

The numbers are significant because pedestrian accidents involving teens age 16-19 have increased 25 percent over the past five years, Safe Kids Worldwide reports. This age group now accounts for about half of all pedestrian accidents among youth.


School Buses.
At the beginning of the year, stand out at the bus stop with your children. Explain to them the appropriate areas to stand while waiting and how to board the bus.

Parents and Teen Drivers: Commit to No Distracted Driving 
Finally, parents if you are driving, commit to putting away your cell phone. Texting while driving is against the law in Massachusetts and that includes viewing texts, e-mails or browsing the Internet.

Drivers need to eliminate distractions, especially when children are in the car, and especially in busy drop-off areas at schools, because car accidents can occur. This time of year, bus drivers and other parents who are driving are still getting used to their new routine and may not use proper caution when stopping or turning.

Also avoid using your cell phone while parked outside of schools or at bus stops waiting for your children – even just to make phone calls. An accident can happen in the instant you let your guard down and reach for your cell phone to view a text message or check in on a social media account.

If you have a teenager who drives, remind them not to use their cell phone while driving (this is the law in Massachusetts for junior operators). You have probably done so in the past, but explain the school parking lot is busy and there is no room for distracted driving. If they want to use their cell phone in a parking lot, suggest they park the car, get out and walk off the pavement first.

Related:
Distraction.gov

Filmmaker Explores Painful Consequences of Texting While Driving

About Breakstone, White & Gluck

The Boston car accident lawyers at Breakstone, White & Gluck have over 100 years combined experience handling injury cases in Massachusetts. We have handled cases involving driver negligence due to cell phone use and distracted driving. We handle cases throughout Massachusetts, including in Boston, Cambridge, Lowell, Worcester, Framingham, Brockton and Plymouth.

For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.

Trampolines, Inflatable Slides Among Dangers At Swimming Pool

pool.jpg

Every year, thousands of people in the U.S. die in drownings. Many of these are young children who drown in swimming pools. Last summer alone, nearly 140 children under age 15 drowned in swimming pools and spa tubs, according to the Consumer Product Safety Commission (CPSC). 

While the risk of personal injury and wrongful death from drowning has long been known, new dangers have emerged at pools in recent years. As many homeowners have removed diving boards for safety and insurance reasons, many others are purchasing inflatable slides, sports nets and trampolines to enjoy by the pool.

Two recent Massachusetts cases touch on these risks. Last month, the Supreme Judicial Court ordered a new trial in Dos Santos v. Coleta, where the plaintiff was paralyzed in 2005 when he jumped off a trampoline and struck his head in a two-foot inflatable wading pool. The pool and trampoline were owned by his half brother, the defendant.

The SJC found the trial court judge provided improper instructions when he said the jury could stop deliberating if they concluded the danger of jumping off a trampoline and into the pool was “open and obvious.” 

The SJC ruled that the trial judge should have also instructed that a property owner is not relieved from correcting such dangers in cases where they can or should anticipate that the dangerous condition will cause harm.

“Because we conclude that a landowner has a duty to remedy an open and obvious danger, where he has created and maintained that danger with the knowledge that lawful entrants would (and did) choose to encounter it despite the obvious risk of doing so, we now reverse,” wrote Justice Cordy.

The plaintiff, Cleber Coleta Dos Santos, had been playing with his young son on the trampoline when he attempted to flip off and into the pool at his half brother’s Framingham home. He suffered permanent paralysis. His half brother and sister-in-law owned the home, but had moved out a few days prior, leaving the trampoline positioned next to the pool where it could be used in the backyard. The SJC noted that the homeowner disregarded warnings printed on the side of the pool against jumping or diving into the pool.

banzai.jpg

The Banzai inflatable slide is another product which has caused injury and death in Massachusetts in recent years.

You should not see any Banzai slides for in-ground pools this summer. They were recalled in May 2012, after a woman’s death in Massachusetts and two reports of serious injury in other states. The inflatable slides were designed to sit on the edge of a pool so swimmers can climb to the top and slide down as water sprays. But the structure easily deflated, removing support for the user. It was also easy to knock down, even without windy conditions.

In 2006, a 29-year-old Colorado mother visiting Massachusetts fractured her neck and struck her head while using a Banzai inflatable slide. When she stepped up and started to slide, there was not enough support and her head hit the pavement near the edge of the pool. The slide had been partially deflated. The woman died the next day at a Boston hospital.

In October 2011, a jury in Salem Superior Court ordered Toys R Us to pay more than $20 million to the woman’s family, finding the Banzai slide did not comply with federal safety standards for swimming pool slides. Toys R Us had sold the product to the victim. Amazon.com – the website where the product was sold through – and manufacturer SLB Toys USA settled with the woman’s family after the trial began.

In May 2012, Walmart and Toys R Us recalled 21,000 Banzai slides for in-ground pools, asking consumers to return the product for a full refund. Banzai continues to sell inflatable slides and water castles which are stand alone.

Toys R Us recently appealed the case to the Supreme Judicial Court, arguing the the Consumer Product Safety Commission regulation cited by the woman’s family does not apply to inflatable pool slides, but only to rigid pool slides.

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Massachusetts Snow Storm Safety Tips

Snow at doorwayIn a few hours, a historic snowstorm is forecast to begin, blanketing Boston with 18 inches in many areas and 24 to 32 inches in some regions. Gov. Deval Patrick has urged the public to stay home, and directed non-essential state employees not to report to work. Many schools and offices have closed in response. The MBTA will close at 3:30 this afternoon and may remain shut down through the weekend.

With a few more hours, here are some tips to prepare yourself:

Have a Plan to Stay in Contact. Whether you live at home with your family or in an apartment on your own, have a plan to communicate with your relatives, landlord and others. Gather phone numbers for snow plow companies, neighbors and local police and fire departments.

Check Your Community Website. Your city or town should post emergency information for residents to follow during the storm, including plans for clearing snow, snow storm accidents and emergency notifications.

Keep in Touch Electronically. Charge your cell phone now and monitor news on TV and the Internet. Another source of information is to dial 2-1-1, the state’s telephone information call center during times of emergency. You can also sign up for electronic alerts from the state on your phone by clicking here.

Social Media. If you are on Facebook, you can follow MEMA, the Massachusetts Emergency Management Agency by visiting its page. If you use Twitter, the hashtag for storm updates is #MAStorm.

Gas Up. The lines at the pump may be long, but if you can, fill your car with gasoline. This will give you a way to charge your cell phone if your home loses power.

Food and Supplies. Make sure you have enough food and supplies to pass the weekend, including bottled water and flashlights. Also make sure you have any medications you may need.

Power Loss. We may lose power so set your appliances and gather supplies accordingly. Set your refrigerator to the coldest setting and have a cooler ready, so you can keep it shut as much as possible during the storm. Food can stay cold in a full refrigerator for up to 24 hours and in a full-packed freezer for 48 hours. Have non-perishable food on hand as well, such as granola bars.

Turn Off TVs and Other Appliances. If we lose power, unplug sensitive electronic equipment such as TVs, microwave ovens and computers. These can cause irregularities when power is restored. Leave a light on so you know power is restored.

Plan for a Heating Loss. Gather blankets and seal off unused rooms by stuffing towels in the space under the doors. At night, cover windows with extra blankets and sheets. Make sure you regularly eat.

Freezing Pipes. If pipes freeze, remove insulation, turn on all faucets and pour hot water over the pipes. With caution, you can also use a hand-held hair dryer on the pipes.

Clearing Snow. Keep up with clearing snow as much as you can in the early hours of the storm and after the storm, follow directions from state and local officials for clearing it from areas such as sidewalks.

Clear Snow from Furnace Pipe. Throughout the storm, make sure your furnace exhaust vents remains clear of snow to avoid a build-up of carbon monoxide in your home. This is essential even when you cannot clear your driveway and other areas because it could result in poisoning.

Related:
Winter Power Outage Safety Tips, Massachusetts Emergency Management Agency.
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Food Poisoning in Massachusetts, Six Other States Prompts Recall

groundbeef.jpgA Minnesota company has recalled nearly 30,000 pounds of fresh ground beef products amid a seven-state Salmonella outbreak which has infected 33 consumers, including in Massachusetts.

Cargill Meat Solutions recalled the 29,339 pounds of ground beef packaged at its Wyalusing, Pa. operation Sunday, saying the food products may be contaminated with Salmonella Enteritidis. Hannaford Supermarkets is alerting consumers that ground beef purchased from its stores may be contaminated. The Maine-based grocer has stores in Massachusetts, including in Marlborough, Quincy, Lowell and Saugus.

The contamination was uncovered during an investigation into the Salmonella outbreak, said the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS). The 33 people with food poisoning came from Massachusetts, Maine, New Hampshire, New York, Rhode Island, Virginia and Vermont. Cargill packaged the meat for sale throughout the Northeast, but so far, Hannaford is the only store to alert its customers.

Hannaford is asking customers to look out for 85-percent ground beef produced by Cargill’s. They have “use or sell-by” dates between May 29 and June 16. The Salmonella Enteritidis outbreak strain is drug sensitive, meaning it can be treated with antibiotics.

Click here for more information on the Cargill ground beef recall.

Preventing Salmonella Food Poisoning
Salmonella is one of the most common types of food poisoning and it has many different strains. There are an estimated 1.2 million cases annually in the U.S., according to the Centers for Disease Control and Prevention. There are approximately 400 fatal Salmonella poisonings each year.

Salmonella causes diarrhea, abdominal cramping and fever among other symptoms, which typically emerge in between 12 and 72 hours. The elderly, sick and people with weakened immune systems are usually most vulnerable
Salmonella is transmitted when food or beverages have been contaminated with feces from animals or humans. It can result when food is handled by someone who has not washed their hands or during processing of animal products, such as beef, poultry, milk or eggs. After food is contaminated, Salmonella will expand if not refrigerated. Fully cooking meat will kill any Salmonella contamination.

You can prevent Salmonella food poisoning by refrigerating or freezing chicken, beef, poultry and eggs within two hours of purchasing. When handling food, wash your hands with warm, soapy water for at least 20 seconds. Use separate cutting boards for raw meat, fish and poultry and keep them separate from each other. Use a food thermometer to cook raw meat and poultry to safe temperatures for consuming, which is 160 degrees fahrenheit for beef and pork and 165 degrees for poultry.

Related:

  • Salmonella, Centers for Disease Control and Prevention.
  • Salmonella Serotype Enteritidis, Centers for Disease Control and Prevention.
  • Cargill recalls more than 29,000 pounds of ground beef sold in Northeast over salmonella, CBS News.
  • Media Advisory: Cargill Ground Beef Recall, Hannaford.

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Motor Vehicle Accidents Increase When Teen Drivers Carry Teen Passengers, Study Reports

carcrash.jpgAmong drivers, teenagers have long been known as the most likely to be involved in car accidents. But a new study released by AAA’s Foundation for Traffic Safety is now quantifying how much that risk increases when teen drivers travel with other teens.

The study relies on federal fatality statistics and shows the risk for a fatal motor vehicle accident increases by almost half when a 16- or 17-year-old driver has one teen passenger in the car. The risk for a motor vehicular fatality doubles with two passengers and quadruples with three or more.

During the past decade, many states have implemented graduated licensing laws which have increased training requirements for new drivers, while also placing restrictions on passengers and hours of operation.

The Massachusetts’ junior operator license law prevents drivers from carrying passengers under the age of 18 during the first six months of having a license. There is an exception for siblings.

The law further bans teen drivers under 18 from operating between 12:30 a.m. and 5:00 a.m. unless accompanied by a parent or guardian.

In 2010, the state of Massachusetts strengthened junior operator restrictions when it banned the practice of texting while driving for all drivers. While most drivers face a fine for first-time offenses, teens face heavier penalties of fines, license suspensions and are required to attend retraining classes.

Drivers age 18 to 20 report the most phone use during motor vehicle accidents, according to the National Highway Traffic Safety Administration (NHTSA). The age group is three times more likely to report they are reading or sending a text message or e-mail during a car accident than drivers over age 25. Reports of texting while driving drops significantly as age increases, the NHTSA figures show.

We urge parents to strictly enforce junior operator laws in their homes. In addition to helping teenage drivers get experience without distraction, preventing use of a family car in violation of the junior operating laws is one way to avoid claims for negligent entrustment of an automobile.

Related:

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Motorcycle Accident Safety: Wearing The Right Helmet

motorcycle-helmet-180.jpgFor motorcyclists, the most effective way to prevent a brain injury is to wear a helmet. An unhelmeted motorcyclist is 40 percent more likely to suffer a fatal head injury in a motorcycle crash than one wearing a helmet, according to the National Highway Traffic Safety Administration (NHTSA).

In Massachusetts and 19 other states, wearing a motorcycle helmet is the law for all riders. Twenty eight other states have laws requiring certain motorcyclists wear helmets. Three states, including New Hampshire, do not require motorcycle helmets for any riders.

Helmet use has grown in recent years as safety education has increased and manufacturers produce lighter-weight helmets. Helmet use increased from 48 percent of U.S. motorcyclists in 2005 to 67 percent in 2009, according to the NHTSA.

If you are a motorcyclist, it is important to protect yourself from motorcycle accidents as well as comply with the law. Our Boston motorcycle accident lawyers share some background information and tips for purchasing your motorcycle helmet:

Types of Helmets. Be sure to buy a helmet which is specifically designed for motorcycling. You may use different helmets for other activities, but these do not provide adequate protection in case of a motorcycle accident.

There are three types of helmets: full-face helmets; three-quarter, open-face helmets and “shorty” half helmets. A full-face helmet covers your entire face and provides the most protection. It has a moveable face shield which protects your eyes from debris and face in a motorcycle accident.

A three-quarter, open-face helmet has many of the same features, minus the face and chin protection of a full-face helmet. If you use an open-face helmet, it is recommended you also use a snap-on face shield or a pair of safety goggles when you ride.

The last type of helmet, a “shorty” half-helmet is not recommended by most safety organizations. It protects very little of your head and is the most likely to come off when you ride.

Safety Ratings. Since 1980, all adult-sized helmets for highway use have been required to meet the Department of Transportation (DOT) standards. Make sure your helmet has a DOT sticker before you purchase. The Snell Memorial Foundation is another safety testing laboratory for motorcycle helmets, though this rating is voluntary for helmet manufacturers.

Helmet Size. Most helmets are marked small, medium, large or extra large. Fit is important so measure your head at the largest circumference and contact your manufacturer to ask what size that measurement fits.

The goal is to avoid buying a helmet which is too large and can fall off. Here are a few things to note. The cheek pads should touch your cheeks without pressing uncomfortably. On full-face helmets, press on the chin piece. The helmet or face shield should not touch your nose or chin. There should be no gaps between your temples and brow pads. If the helmet has a neck roll, it should not push the helmet away from the back of your neck.

Replacing and Caring for Helmets. Follow the manufacturer’s instructions for caring for your helmet. It is best to use mild soap, water and a soft cloth. Avoid any petroleum-based cleaning fluid, which can cause the helmet to decompose over time.

Replace your helmet if the face shield is scratched as this will obstruct your view when riding. You should also replace your helmet if you’re involved in a motorcycle crash or if you notice any damage. Otherwise, many manufacturers recommend replacing your motorcycle helmet every two years.

Related:

The Boston motorcycle accident lawyers at Breakstone, White & Gluck have over 80 years combined experience handling motorcycle accident cases in Massachusetts. 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.