Schulze Law

Tag: accident

  • What To Do If Your Car Breaks Down

    What To Do If Your Car Breaks Down

    Are you prepared if your car breaks down? There are lots of variables and things to consider when it comes to road and vehicle safety. The car or truck you drive is more than just a means of transportation. It’s a big piece of technology and unfortunately, technology can malfunction. Finding yourself stranded with a broken-down car is an experience that all drivers hope to avoid. If you find yourself in this unfortunate situation, it is important to remain as safe as possible and to keep calm while you work toward a solution. Vehicle breakdowns are bad enough without the added stress of being unsure what to do if you experience one. Hopefully, it never happens, but if it does, having a reaction plan and knowing how to stay safe are important.

    At Schulze Law, we know how stressful accidents and car trouble can be. Life changes without a moment’s notice. At Schulze Law, we know the importance of constant contact and availability. We are here for you 24/7. CALL NOW: 857-300-5300 Emergency After Hours Number: 800-894-9267 XLAW1 (5291). We can help answer any questions and navigate you through any complex car accident/issue.

    Fast facts on car breakdowns:

    • Breakdowns are happening more than ever. AAA rescued a record-breaking 32 million drivers in 2015, with more battery, flat tire, and key problems than ever before.
    • The most common cause of a breakdown is either a faulty or a flat battery, especially during the winter.
    • AAA has found that 4 in 10 U.S. drivers are not ready to deal with typical roadside emergency breakdowns.

    Luckily, the most common causes of roadside breakdowns are relatively easy to fix. But unlucky, breakdowns are still stressful and can be dangerous if you’re not prepared or don’t know what to do. You can prepare, minimize stress and stay calm by keeping the following guidelines in mind and being ready for breakdowns before they happen.

    As AAA suggests, your surroundings, traffic patterns and vehicle hazards vary, so it’s impossible to establish rigid rules for all conditions. That’s why it’s important for you to continually monitor and evaluate your own situation and become familiar with some general suggestions and guidelines.

    Here are a few tips about safely navigating your way through a breakdown:

    Prepare

    According to Nationwide.com, consider keeping the following items in your car:

    • Cell phone with charger
    • Extra medications
    • Vehicle operating manual
    • Emergency service info, such as phone numbers
    • Flashlight and extra batteries (these should be checked often)
    • Drinking water and preserved food
    • Jumper cables
    • Tire-pressure gauge
    • Reflectors or flares
    • Signal flag or reflective vest or scarf
    • Windshield-washer fluid and wiping cloth
    • Coolant
    • Fire extinguisher
    • Ice scraper, snow brush, snow shovel and cat litter, in lieu of sand, where needed
    • Heavy gloves
    • Thermal or safety blanket
    • A chemical heat source such as hand warmers
    • Candles and waterproof matches
    • Jack and a flat board for soft surfaces
    • Lug wrench for changing flats
    • Toolkit with screwdriver, pliers, duct tape and adjustable wrench
    • Umbrella
    • Extra fuses and fan/alternator belt
    • First-aid kit
    • spare tire

    Keep Up with Regular Maintenance

    Take care of your car and your car will take care of you! Prevention is the best way to avoid car trouble before it’s too late. Keep your car’s maintenance up to date by booking regular service appointments. Keeping up on your routine car maintenance services will increase your safety while on the road. It will prevent parts from breaking and larger issues from occurring. If you take care of your car and check the systems that might develop problems, you will take away the risk of dealing with a malfunctioning car.

    Inspect Your Vehicle Regularly

    Car inspections are considered preventative maintenance and will help with safety. Car inspections are recommended twice annually. But it’s also important to have an inspection prior to heading out on a road trip, after an accident and before purchasing a used car. You can also make sure your vehicle has no safety recalls on the National Highway Traffic Safety Administration (NHTSA) website.

    During a Breakdown

    Brake with Caution

    Don’t slam on the brakes. Don’t crank the steering wheel. Instead, slowly take your foot off the gas and decelerate. If your car is functional enough to maneuver, guide it off the road. The last thing you need is to be rear-ended or deal with the stress of angry drivers honking their horns.

    Exit the Highway

    If possible, exit the highway and find a parking lot or other open area free of traffic. If an exit isn’t close, or the degree of vehicle damage impacts your ability to maneuver, determine the best possible alternative.

    Avoid the left side of the road, which exposes you to the fast-moving traffic in the passing lane. Instead, pull onto the “breakdown lane” on the right. Look for wider shoulders and straightaways. Avoid pulling off on bridges or along sharp curves.

    According to AAA.com:

    Note your vehicle’s location. If you encounter a problem while driving, make sure you are aware of your surroundings and general location.

    Assess your vehicle’s operating problem. While driving, be aware of and know how to respond to warning signs.

    If you get out of your vehicle, proceed carefully and watch for oncoming traffic, especially at night or in bad weather, when visibility is limited.

    Never stand behind or directly in front of your vehicle. Other roadway users may have trouble seeing you, and you could be struck by another vehicle.

    Alert other motorists. Make sure your vehicle is visible to other motorists. Remember they may be traveling at a high rate of speed and must be able to see your vehicle from a great distance to stop or move to another lane.

    • Turn on the emergency flashers
    • Raise your vehicle’s hood
    • Place flares or warning triangles to direct oncoming traffic away from your vehicle

    Communicate your situation. Once you and any passengers are in a safe location, you can notify others of your vehicle break-down. If you have a cell phone, immediately use it to call for help.

    Remain with your vehicle. Safety experts agree that under most circumstances if you can pull away from traffic, it is safest to remain in your vehicle until a law enforcement officer or road service provider arrives.

    • Always be mindful of your surroundings
    • In some circumstances, when there is no other alternative, you may need to rely on the help of a friendly motorist or passerby
    • If you choose to exit the vehicle, do so safely and well away from oncoming traffic and your vehicle
    • If you determine help is within walking distance, think about whether it’s safe to leave your vehicle or passengers for a short period of time
    • If you choose to stay inside your vehicle, keep the windows almost closed and the doors locked

    Calling for help

    When you are safe, call for help.

    • If you have a roadside assistance provider, give them a call.
    • If you don’t have a provider, call for a tow truck if you need further assistance, or call 911 if it is an emergency.
    • If you don’t have a cellphone, hang a white cloth or piece of paper out of your window and wait for the highway patrol.
    • If you are driving alone at night, be careful about accepting help from strangers, and stay inside your car if you can. Make sure your doors are locked and your windows are up.

    Know your rights and responsibilities. It’s your responsibility to understand what services your emergency road service or insurance policy will cover. Breakdowns are never fun, but with the proper preparation and safety plan, it will be much less painful.

    https://northeast.aaa.com/

    https://www.nationwide.com/

    https://www.firestonecompleteautocare.com/

    https://www.aarp.org/

  • Workers’ Compensation Questions

    Workers’ Compensation Questions

    What is Workers’ Compensation?

    Were you hurt at work? If you were injured on the job, you may be eligible for workers’ compensation benefits. Workers’ compensation insurance, often referred to as “workers comp”, is a state-mandated program consisting of payments required by law to be made to an employee who is injured or disabled in connection with work. The federal government offers its own workers’ compensation insurance for federal employees, but every individual state has its own workers’ compensation insurance program. It is this insurance that pays for medical treatment regarding injury and illness. In the majority of situations, injured employees receive workers’ compensation insurance, regardless of who was at fault for the injury. Because these workers comp benefits act as a type of insurance, they prevent the employee from suing his or her employer for the injuries covered.

    In the state of Massachusetts, the Department of Industrial Accidents (DIA) oversees worker’s compensation claims. The worker’s comp system is in place to ensure that workers are protected if they are injured on the job or contract a work-related illness. Under this system, the Massachusetts General Laws requires all employers to provide worker’s compensation insurance coverage to their employees. To learn more about workers’ comp in the state of Massachusetts, click this link!

    Workers’ comp cases can be complicated. The attorneys and staff of Schulze Law can help you understand your worker’s compensation rights and bring a claim to the DIA. In some instances, employees are injured at work but that injury is not the fault of their employer. We can help you bring a new worker’s comp claim—as well as appeal a rejection of a previous claim—and also represent you in a third-party lawsuit if your situation supports it.

    Let’s check out some of the top questions regarding workers’ comp to help you navigate this often confusing process. For up-to-date information on workers’ comp in your state, contact your state’s workers’ compensation office. You can also find links to the appropriate office in your state on the State Workers’ Compensation Officials page of the U.S. Department of Labor’s website.

    1. How do I know if I qualify for workers’ compensation?

    If your injury occurred as a result of your employment, it’s very likely that you are eligible for workers’ compensation. In Massachusetts, any employee who suffers an on-the-job personal injury that causes him or her to miss five or more full or partial days of work is eligible for workers’ compensation. State law has specific definitions of employees and on-the-job injuries that qualify for benefits, which are stated in Massachusetts General Laws (MGL) Part 1 Title XXI Chapter 152 Section 1.

    1. What types of injuries does workers’ compensation cover?

    According to GetLegal.com, the specific types of injuries for which benefits are available under state workers’ compensation laws varies slightly from state to state. As a general rule, states recognize the difference between temporary and permanent disability, and between partial and total disability. The types of injuries typically include:

    • Serious and catastrophic loss, such as broken bones, amputation or loss of limb, paralysis, traumatic brain or spinal cord injury, burns and permanent scarring or disfigurement
    • Repetitive stress or motion injuries, such as carpal tunnel syndrome, nerve damage, ligament, tendon and muscle injury
    • Joint and connective tissue injury, from foot, ankle, leg and hip trauma to hand, arm and shoulder injury
    • Occupational disease, such as mesothelioma, silicosis, cancer and heart disease, and
    • Mental health issues, including depression, stress and anxiety (varies by case)

    3. Are all work-related injuries covered by workers’ compensation?

    According to Nolo.com, workers’ compensation covers most work-related injuries—but not all. Generally, workers’ comp doesn’t cover injuries that happen because an employee is intoxicated or using illegal drugs. Coverage may also be denied in situations involving:

    • Self-inflicted injuries (including those caused by a person who starts a fight)
    • Injuries suffered while a worker was committing a serious crime
    • Injuries suffered while an employee was not on the job, and
    • Injuries suffered when an employee’s conduct violated company policy.
    1. What are the benefit amounts I’m entitled to?

    The amount of money paid to an employee who is disabled depends upon the extent of that worker’s disability. Under Massachusetts workers’ compensation laws, the following are the benefit amounts a disabled worker is entitled to:

    • Total and permanent incapacity: Two-thirds of the worker’s average weekly wage
    • Total incapacity: 60 percent of the worker’s average weekly wage, up to 156 weeks
    • Partial incapacity: 60 percent of the difference between the worker’s weekly wage before the injury and after the injury
    1. What if I get denied?

    Unfortunately, workers’ compensation insurance companies can deny claims for almost any reason. About 50% of all workers compensation claims are denied. On the bright side, many of the most common reasons are also the easiest to avoid. You can often avoid denials and help make sure you receive prompt payment by making sure you see a doctor immediately, by reporting the injury to your employer as soon as possible and by calling Schulze Law to help assist you.

    In Massachusetts, you have the right to file a claim with the DIA. The DIA recommends getting an attorney to help you with the dispute process. Firstly, you will have to complete an Employee’s Claim Form (Form 110), attaching any medical evidence of that supports your claim and a description of when and how your injury occurred. Once you send the completed form to the DIA, you will receive a date for a Conciliation meeting to try to reach a voluntary agreement with the insurer.  If no agreement can be made, you will have a Conference with an Administrative Judge, where you’ll be allowed to argue for your right to receive workers’ compensation benefits.  A decision as to whether to grant benefits will be made at the Conference, but can be appealed by either side at a subsequent Hearing.

    1. How long can I receive benefits?

    For total incapacitation, you can receive benefits for up to three years. For partial incapacitation, you can receive benefits for up to five years. Workers who are permanently and totally incapacitated can receive benefits for as long as they are disabled.

    7. Do I have to be injured at my workplace to be covered by workers’ comp?

    No, not necessarily. Generally, if your injury is job-related, it’s covered. For example, you will be covered if you are injured while traveling on business, doing a work-related errand, or even attending a required business-related social function. You can learn more about what does and doesn’t count as a work-related injury or illness.

    8. How long will it take for my workers’ compensation claim to be approved?

    When an insurance company receives a claim, it is required to investigate within 14 days and inform the employee about whether he or she will receive benefits. If your claim is approved, you will receive your first check at some point during those 14 days.

    1. How do I start the workers’ compensation claims process?

    According to Attorneys.com, the first thing you should do after suffering a workplace injury is get immediate medical attention. You will also need to inform your employer, preferably in writing, of your injury. This gets the ball rolling.

    The sooner the better, but you have up to four years after you become aware of the connection between your disability and your employment to file a claim with your employer’s Massachusetts workers’ compensation insurance carrier. The insurance carrier will then process your claim and make a determination of whether to accept or deny benefits. Your employer is required by law to display the name and contact information of its workers’ compensation insurance carrier.

    1. Do I have to be treated by my employer’s doctor?

    Some states give you the right to choose the doctor who will treat you for your injuries (called your “treating doctor”), while others give that right to your employer or its insurer. Other states have more complicated rules for selecting a treating doctor. In Massachusetts, your employer can require you to see a health care provider within its preferred provider arrangement (if it has one), but only for the first visit; after that, you can switch to your choice of treating doctor (Mass. Gen. Laws ch. 152, § 30 (2018)).

    11. What if my employer doesn’t have workers’ comp insurance?

    In some states, a failure to have workers’ compensation insurance means that the employer is open to liability in a regular court of law.

    In Massachusetts, the employee will be paid from a trust fund set up by the Department of Industrial Accidents. The Workers’ Compensation Trust Fund has their own lawyers who will pay employees benefits when employers do not have workers’ compensation insurance. Afterwards, the Trust Fund tries to collect these funds directly from the employer. This collection process will likely cost the employer much more this way than it would have to just have workers’ comp insurance.

    1. How do I return to work after being on workers’ comp?

    The insurer, the insurer’s examiner, or your employer—can’t tell you that you need to return to work. This decision is up to you and should be made with supervision from your doctor. The only exception to this rule is if the Department of Industrial Accidents orders an impartial physician and they determine that you are capable of returning to work.

    Once you do go back to work, you are given a 28 day trial period to make sure that you are fully capable of meeting all of your job responsibilities. If you find that you can’t continue working, you must give your employer and the insurer notice within 21 days. If you report your inability to continue work under these rules, your benefits will start again without you having to file a new claim.

    If you’ve been injured at work, contact Schulze Law today. The cases involving workers’ comp can be complex and challenging to navigate which is why our experienced attorneys can help. Each individual case is unique and it’s extremely important to have a member of our team review your case and discuss your legal rights and options. We will always fight for the justice you deserve.

     

    https://www.nolo.com/

    https://injury.findlaw.com/

    http://www.attorneys.com/

    https://www.mass.gov/

  • What Happens If You’re in an Uber or Lyft Accident?

    What Happens If You’re in an Uber or Lyft Accident?

    There are many transportation options available to people today. The combination of technology and demand has created new, popular and efficient ways of getting around. Nowadays, finding a ride is just a smartphone click away. There’s a cellphone app for just about everything, and getting a ride from point A to point B is on the list. Rideshare apps like Lyft or Uber are simple, convenient and effortless. With these types of mobile apps, it is incredibly easy for riders to secure a ride whenever they need to go somewhere. Ridesharing services, such as Uber and Lyft, are becoming more popular every year. You can always find a driver that can assist you in getting home or anywhere you want to go. It isn’t necessary to pre-order or pre-schedule a ride. When you need a lift, just open the app on your mobile device and select your location, and you will know how close the nearest driver is to you. Once you order a ride, you can track your driver’s movement and be ready when they arrive at to pick you up. It’s as simple as that. Get a ride anywhere any time, any where you want.

    Taxi use has been quickly declining in favor of other transportation methods. In fact, the main players like Uber and Lyft keep tightening their grip and domination in the rideshare transportation industry. According to RidshareApps.dot.com, if you combine all Uber trips in the past 5 years, the total distance is just over a round trip to Saturn! There are 8 million Uber users worldwide with a net value of $51 billion. There are 631,000 Lyft users worldwide with a net value of $1.2 billion. Although these companies were created only a few years ago, those are some solid stats with exponential growth trends.

    The reasons for ridesharing popularity are clear. Get a ride anytime, low fees, no cash exchanges, rider discounts and certain safety measures are a few of the things that make this transportation method so attractive. According to MADD, 60% less drunken driving accidents occur each month; 70% of people say Uber makes their friends less likely to drive after drinking; and 1,800 crashes have been avoided since 2012. Researchers at Stonehill and Providence colleges co-authored a study titled “Ridesharing, Fatal Crashes and Crime” in which they examined 150 cities to determine the effects of Uber on auto-related incidents. They found that ridesharing services are related to a decrease in fatal crashes, DUIs and some types of crime.

    Although there are positives and benefits of ridesharing, just like anything else, it comes with its own set of risks and challenges. Some of those challenges include legal and liability issues. Some concerns include safety measures, accidents and insurance coverage. The rideshare industry has the potential to make our roads safer, but there’s no guarantee that rideshare companies are immune to dangers and accidents. The bottom line is that traveling always involves some level of risk, no matter what form of transportation you use.

    Regardless of your transportation method preferences, Schulze Law is always here for you if you’ve been hurt or injured in an accident. If you’ve experienced a rideshare accident, then you know firsthand how stressful it can be for the victims and their families—and the injuries that result are immensely taxing and painful. Let us help you navigate the many decisions that need to be made so that you can focus on recovering and healing. The attorneys and staff of Schulze Law can protect you from unfair treatment after a car accident and ensure that other motorists, rideshare drivers and insurance companies involved cannot use your statements and actions against you.

    What happens when there is an accident in an Uber, Lyft or other ridesharing app? The truth is all drivers are at risk for accidents on the road. If there are accidents, collisions or other issues, the question that becomes important is how this affects liability and who is responsible. When two vehicles are involved in a car crash, establishing liability and which insurance company should pay may seem relatively straightforward. But, if one of the vehicles was used in a rideshare program at the time of the accident, the situation can become more complex and difficult.

    Steps If You’ve Been in An Uber Accident:

    • Check yourself, other passengers and the Uber driver for injuries.
    • Call 911 and the police immediately after the accident.
    • Seek medical attention immediately — even if you don’t think you have injuries.
    • Get the contact information and insurance of the Uber driver and other drivers involved in the accident.
    • Collect the contact information of any witnesses (if any).
    • Gather the information of any affected party or bystander who saw the accident.
    • Contact Schulze Law.
    • Take photos of the accident.

    Common Causes of Uber and Lyft Accidents Include:

    • Lack of sleep. Uber drivers who want to make more money may attempt to drive longer periods of time, which can result in tiredness and car accidents. Luckily, Uber has changed this rule to a 12-hour work shift cap per 24 hours.
    • Poor vehicle maintenance. The vehicle may not be maintained properly, so it’s not in drivable condition.
    • Negligent drivers. This occurs when drivers are reckless with their driving behavior — speeding, not following roadway signs, etc.
    • Drivers who are intoxicated or under the influence of drugs. Drinking or using drugs while driving is a bad combo.

    Who Pays When an Uber Has an Accident?

    Uber drivers are not technically employees of Uber. They are considered independent contractors. Essentially, Uber isn’t the employer, simply the technology company that offers the rideshare platform. This means they must have their own auto insurance. This distinction has allowed the company to deny liability when their drivers are involved in accidents.

    According to Uber.com, they do manage an insurance policy for its drivers to go along with their personal protection. As an Uber passenger, minimum coverage per accident under the Uber insurance policy often includes:

    • Injury liability: $50,000
    • Total liability: $100,000
    • Property damage: $25,000
    • Third-party total liability: $1,000,000
    • Uninsured or underinsured motorist bodily injury coverage: $1,000

    Unfortunately, it may be challenging to make a claim if you’re an Uber car accident passenger. Big organizations can be difficult to get in touch with which is why you need Schulze Law on your side.

    Difficulty Getting Compensation

    Even though Uber has extra liability coverage for its drivers, that doesn’t necessarily mean it’s going to be wicked easy to get compensated for your Uber accident injury.

    It’s just like any other insurance company. It’s a business trying to make a profit. Uber may try to fight your claim. At Schulze Law, we fight back, getting you the compensation you deserve.

    Reasons Uber May Not Cover Your Accident

    • The Uber driver’s insurer doesn’t cover “driving for profit.” Some insurance companies don’t have the ‘driving for profit’ on their policies.
    • Your insurance might not cover the cost of the crash. Insurance coverage might be too minimal to cover your injuries.
    • In-between fares might not be covered.

    According to HG.org Legal Resource, Here’s How Uber Insurance Works:

    Insurance Coverage: Basic Principles

    Uber has a $1 million insurance policy. But, the company and passengers are covered by a three-part insurance plan. The coverage that applies is based on the driver’s activity at the time that the accident occurred.

    Not Available

    If the driver is using their vehicle for personal business and is not available to accept requests from rides from customers, the Uber policy isn’t applicable. Instead, the driver’s personal policy comes into play. The coverage limit is based on this personal policy. The policy that may provide coverage is their own, depending on the type of insurance that he or she has.

    Available but No Passenger

    If the driver is available on the app and ready to pick up passengers but is not carrying a passenger when the accident occurs, the primary insurance is the driver’s own insurance policy. That said, Uber offers additional coverage in this situation with liability coverage up to $50,000 per injury with a maximum of $100,000 and a maximum of $25,000 in property damage. This coverage only kicks in if the driver requests it and if the driver’s personal liability coverage does not cover the damages entirely.

    Available and Carrying a Passenger

    This is the situation when the $1 million policy can swoop in. If the Uber driver is carrying an Uber passenger, the driver and passenger are covered under the liability insurance policy. Also, if a third party was injured, such as a cyclist or pedestrian, the third party is covered by Uber’s policy when the driver was carrying a passenger. But, if Uber denies coverage, the Uber driver and passenger may still be denied by the driver’s personal insurance policy because the driver was driving for pay at the time of the accident. It’s a little complicated.

    Uninsured Motorist

    Uber also carries a $1 million uninsured/underinsured motorist policy so that if the accident is caused by an uninsured driver, this policy will kick in.

    Denied Claims

    Uber’s insurance policy’s carrier helps avoid paying out as many claims as possible. It is not uncommon for accident claims to be denied by Uber’s carrier. Accident victims may respond to a denial like this by suing Uber directly. They can also seek payment from the driver’s personal insurance company. Complications with ridesharing and suing the driver directly may limit the amount of damages that can be received.

    Tip for Uber Drivers: Make sure you have personal rideshare insurance or GAP insurance to cover the gaps in your insurance policy. There are a lot of accidents Uber won’t cover while driving. Keep in mind Uber also has a $1000 deductible.

    Suing Uber

    If you’ve been injured in an Uber accident, even if the driver wasn’t at fault, you could sue Uber and receive monetary compensation for your injuries. If someone is injured while riding as a passenger or driver for Uber, they may be able to pursue a civil lawsuit against Uber or the driver’s insurance company. Compensation may be claimed for medical expenses, lost wages, pain and suffering and other damages.

    Uber can be an excellent transportation method. But the reality is that an accident can happen at any time. If you’re a passenger in an Uber or Lyft, you need to be prepared and know what you need do after an accident. The Team at Schulze Law sincerely hopes you stay safe and avoid accidents. Unfortunately, we know that even with precautionary measures, accidents and injuries can still happen. If you’re injured in a ridesharing accident, the attorneys and staff of Schulze Law will make sure that you receive justice as the injured passenger.

     

    CALL NOW: 857-300-5300 Emergency After Hours Number: 800-894-9267 XLAW1 (5291) for your free legal consultation.

    https://rideshareapps.com/
    https://www.hg.org/
    https://help.uber.com/

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  • Tips To Avoid A Pedestrian Accident or Injury

    Tips To Avoid A Pedestrian Accident or Injury

    Boston is a beautiful and very walkable city. In fact, Walk Score ranked Boston the third most walkable city in America for 2016. Pretty awesome for pedestrians cruising around our city streets.

    The list was based on factors like available walking routes; pedestrian friendliness; number of nearby amenities and proximity to those resources; city population; and neighborhood boundaries. Walk Score analyzed data from 2,500 U.S. cities to create the 50 most walkable list, with Boston taking one of the top slots! Boston’s overall Walk Score came in at 80.1, behind New York’s 89 and San Francisco’s 86.

    Have you ever seen the mobs of people flooding out of South Station in the morning on the way to work? Have you ever been in gridlock pedestrian traffic on the sidewalks of Newbury Street on a warm, sunny day? Pedestrians are everywhere!

    The North End is rated best neighborhood for pedestrians with a walkability score of 99.6. The South End, Fenway, Back Bay and Beacon Hill placed second through fifth, on the walkability ratings.

    We’re lucky to have areas such as the Esplanade, The Commonwealth Mall, The Greenway and the Harborwalk. These areas are quite safe and easy to take the city on by foot. But, don’t forget about the mazes of one-way streets, illogical traffic patterns and Boston drivers (you know what kind of level of crazy driving we’re talking about:). We’re guessing maybe these factors likely dragged down our pedestrian friendliness score?!

    With a high population of pedestrians, along with the warmer weather and outdoor activities increasing, it’s important to remember to be safe.  Unfortunately, no matter the precautions you take as a pedestrian, you may be involved in an accident. Pedestrians—people who travel by foot, wheelchair, stroller, etc.—are among the most vulnerable users of the road. Today’s drivers are more distracted than ever, and they may not be vigilant in looking out for walkers and runners.

    The Centers for Disease Control (CDC) reports that, in 2013, a total of 4,735 pedestrians were killed in traffic deaths and more than 156,000 were treated in emergency departments for nonfatal injuries. In the next 24 hours, on average, 430 people will be treated in an emergency department for traffic-related pedestrian injuries. In the next 2 hours, on average, one pedestrian will die from injuries in a traffic crash. With numbers like these, it’s vital to understand the risks and learn how to stay safe.

    If you have been involved in a pedestrian accident, please contact the skilled personal injury attorneys and staff at Schulze Law. We are equipped to handle the individuality of each and every personal injury case we represent and offer compassionate, clear counseling and assistance. We are there for victims and their families when they need support the most.

    Who’s at risk of?

    According to the CDC, pedestrians of all ages are at risk of injury or death from traffic crashes, but some people are at higher risk.

    – Male pedestrians are more likely to die or be injured in a motor vehicle crash than females.

    – Teen and young adult (ages 15-29 years) pedestrians are more likely to be treated in emergency departments for crash-related injuries compared to any other age group.

    – The rate of pedestrian death generally increases with age.

    – In 2013, 34% of all pedestrians killed in traffic crashes had a blood alcohol concentration of greater than or equal to 0.08.

    – As pedestrians, children are at even greater risk of injury or death from traffic crashes due to their small size, inability to judge distances and speeds, and lack of experience with traffic rules.

    – One in five traffic deaths among children ages 14 and under are pedestrian deaths.

    Wow, these statistics are staggering. With Boston’s Transportation Department recently announcing its plan to take the top place as the most walkable city by 2030, it seems fitting to review ways to stay safe when stepping out on the streets. The Go Boston 2030 report outlines exactly how the city plans to address growing problems of traffic congestion, public transportation access and pedestrian-safety. One of the biggest goals is to increase pedestrian traffic.

    While Massachusetts law generally favors the rights of pedestrians over vehicles, all parties must follow the rules of the road and exercise reasonable care. If a pedestrian is injured by a vehicle or property defect, they may recover damages for the injuries suffered if someone else’s negligence caused or contributed to the incident. What is negligence? Negligence is the failure to do (or not do) something that a reasonable person in a similar situation would, to protect others from foreseeable risks.

    According to the National Conference of State Legislatures (NCSL), vehicles must yield the right-of-way to pedestrians within a marked crosswalk that are upon the half of the roadway upon which the vehicle is traveling, or when a pedestrian is approaching within ten feet of where the vehicle is traveling. Vehicles may not enter a marked crosswalk when a pedestrian is crossing until there is sufficient space to accommodate the vehicle beyond the crosswalk.

    Pedestrians must cross a roadway within a marked crosswalk when there is an officer directing traffic, a traffic control signal, or a marked crosswalk within 300 feet of the pedestrian. Pedestrians may not suddenly leave the curb and enter a crosswalk into the path of a moving vehicle that is so close the vehicle is unable to yield. Pedestrians crossing a roadway in an urban area outside of a marked crosswalk must yield the right-of-way to all vehicles upon the roadway. It is unlawful for any person to actuate a pedestrian control signal or to enter a marked crosswalk unless a crossing of the roadway is intended.

    Driver’s Duty of Care

    Generally, drivers must exercise reasonable care under the circumstances. Failure to do so is considered negligence. A few of the most common factors contributing to driver negligence are:

    • Distracted driving
    • Speeding or failing to yield
    • Disobeying traffic signs or signals
    • Failing to signal while turning
    • Not paying attention to weather or traffic conditions
    • Being under the influence of drugs or alcohol

    Pedestrian’s Duty of Care

    A pedestrian must exercise reasonable care for their own safety. A few of the most common factors contributing to pedestrian negligence are:

    • Ignoring the “walk” signal at an intersection
    • Entering oncoming traffic
    • Failing to use marked crosswalks
    • Darting out in front of a vehicle

    What Can I Do To Avoid Being Hit By A Car? (Avoiding all of the above is a good place to start!)

    1. Pay Attention!

    This is probably the safest and simplest way to avoid an accident or injury. With so many distractions, it’s easy to let your guard down. From cell phones, to advertisements, weather disturbances, loud noises, to an attractive person walking by – there are millions of things vying for your attention. It only takes a second for an accident to happen so please be aware of your surroundings. Don’t assume that drivers are paying attention and therefore you don’t have to. There are tons of distracted and negligent drivers on the roads. Everyone has a duty and obligation to be careful, alert and aware. *Tip: don’t wear headphones. If you can’t hear what’s happening around you, you’re putting yourself in harm’s way.

    1. Use Sidewalks & Crosswalks

    Sidewalks and crosswalks are there to provide a safety zone for pedestrians. Hit up sidewalks whenever possible. If a sidewalk is not available, walk on the far side of the road facing traffic for greatest visibility. Use crosswalks when crossing the street. If a crosswalk is unavailable, find the most well-lit spot on the road to cross and wait for a long enough gap in traffic to make it safely across the street. Make sure you  look left, right, and left again before crossing a street, and keep watching as you cross. Avoid walking along highways or other roadways where pedestrians are prohibited.

    1. Follow Traffic Laws

    Although obeying traffic laws may seem trivial at times, it can save a life. Traffic laws are methods to protect you and prevent harmful situations. Most of us were taught the basics in childhood and the rules still remain. Even though most laws have been taught since childhood, it is still important to remember the basics. Jaywalking, avoiding crosswalks and ignoring traffic laws and signals can all increase your risk of being hit by a car. Play by the rules, people.

    1. Don’t Walk Impaired

    Don’t walk alone if you have been drinking or doing drugs. These substances impair your judgment and dull your senses. According to the National Highway Traffic Safety Administration, alcohol involvement was reported – for the driver or the pedestrian – in nearly half of the crashes that resulted in pedestrian fatalities. Call an Uber or taxi, a friend, or a family member to give you a ride or walk you to your destination.

    1. Be Extra Careful At Night

    According to The CDC, most pedestrian deaths occur in urban areas, non-intersection locations, and at night. Avoid wearing dark clothing and don’t assume drivers can see you. Instead, opt for wearing retro-reflective outdoor clothing, shoes, or lights to make yourself more visible.

    If You’re Involved in a Pedestrian Accident

    Pedestrian accident can be scary and potentially life changing. If you’ve been involved in a pedestrian accident, we recommend the following steps:

    • Call the police or 911 immediately
    • Call The Team at Schulze Law
    • Don’t leave the scene of the accident
    • Gather names and phone numbers of any witnesses and try to get photographs
    • Don’t make any statements to anyone, including drivers and insurer
    • Get medical help and follow up care, if necessary

    Pedestrian accidents and injuries can be serious and complex. Our team can help you. When death is not the result, severe and debilitating injury often is. After all, it is hard to imagine that in a battle between pedestrian and truck—or car or motorcycle— that a pedestrian could win. Thus, significant financial losses to the individuals and families involved are possible and likely.

    It is our goal that you are fairly compensated for any injuries you have sustained. We understand the intricacies personal injury law, and we have the experience, expertise and resources to help our clients.

    Share the road and be safe!

    CALL NOW: 857-300-5300 Emergency After Hours Number: 800-894-9267 XLAW1 (5291)

    Resources:
    https://www.walkscore.com/
    https://www.cdc.gov/features/pedestriansafety/
    http://www.ncsl.org/

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