Category Archives: Safety

Report on Unsafe Toys

Trial lawyers report on toy safety (www.justice.org/toys) good road map for what to watch out for: sharps joined by lead, toxins, & magnets

Green Street traffic, parking, and repair issues

From: Osler L. Peterson [mailto:osler.peterson@verizon.net]
Sent: Thursday, November 04, 2010 09:39
To: medchief@Medfield.net; Ken Feeney
Cc: Michael Sullivan; Kristine Trierweiler
Subject: Green Street query from Dan Bibel

Ken and Bob,

The query below came to me via FaceBook – you can reply via the contact info
below or FB.  BTW, at the Massachusetts Municipal Association meeting I
attended last night I learned that the town of Easton has a town FB account
to share town info and also sends out an informational email each week.

Can you let Dan know the real answers at which I have only tired to guess.
================================
Daniel Bibel
Massachusetts State Police
470 Worcester Road
Framingham, MA 01701
dbibel@comcast.net
Work   508-820-2111
Home  508-359-8148

===============================================
Dan Bibel November 4 at 9:12am Report
Hi Pete — what are the chances that one or all of these things might happen
on Green Street in the near term:
– real sidewalks
– painted lane lines
– parking ban
– posted speed limit

It is a very busy street, and I think unsafe for pedestrians
++++++++++++++++++++++
Dan,

I know that Green Street upgrades are constantly mentioned as being planned
and awaiting funding, via the state Chap. 90 monies.  I will forward your
query to the Chief and Ken Feeney and they can give you the details.  A
sidewalk to Hinkley Pond is part of that plan.

Speeding is a real problem and a dilemma.  Christian Donner has on-line
results from his radar gun on Green Street, and the numbers are not pretty.
Speed limits can legally only be set at the speed below which 80% of the
current drivers actually drive, and those speeds can be higher than we want.
That leaves one to use the thickly settled 35 MPH speed limit as the
alternative.

I do not know anything about the line painting or parking ban issues, and
will let the Chief address those.  I believe the Board of Selectmen could
ban parking, if it was desired.  When I lived in Newton, parking was
prohibited in front of my own house, and I know I did not always like that
result.

Pete
================================================

Thanks

Best,
Pete
Osler L. Peterson, Attorney at Law
PETERSON | Law
580 Washington Street, Newton, MA 02458 – 617.969.1500
66 North St, PO Box 358, Medfield, MA 02052 – 508.359.9190
T 617.969.1501
M 617.413.8977
F 617.663.6008
osler.peterson@verizon.net
http://mysite.verizon.net/osler.peterson/
Medfield Information: https://medfield02052.wordpress.com/ &
http

========================================

Dan and everyone else:

Yes, the Green Street project is on the boards but I will let Ken comment on
its status. As for my part I will have Off. O’Neil put the radar recording
device on one of the NSTAR poles in the area to collect data. We did a speed
and volume survey on Green Street by the Hinkley Swim Pond in August of 2009
because I wanted to see if there were issues there. I came up with an 85%
speed of 34 MPH with the overall average speed being 28 MPH.

I’ll place the recorder on a pole between Brook and North to see what I get
there.

As for the lines; I was hoping to paint crosswalks by Brook and Green,
however after some other crosswalk requests that were looked at by a traffic
engineer, I began to have second thoughts. One of the reasons I did
reconsider was because of the fact that the sidewalks are not well defined
and could I even paint a crosswalk there from a legal/liability point of
view. The other related issue is that I have spent the line painting budget
for the year. I have money to paint the lines once each year and I’ll have
no more money for painting until next July. I am going to ask the Warrant
Committee for an increase for the next fiscal year but that doesn’t help
now.

As for a parking ban, the Board of Selectmen can do that but as Pete
mentioned that includes everyone and can be the classic double edged sword.
It may actually become necessary depending upon how wide the road ends up
being when the reconstruction is done. As part of the reconstruction the
other issue that has been brought up by the neighborhood is a 3 way stop at
Brook and Green. This would clearly be another controversial issue but may
be appropriate.

Chief REM

Study says banning texting does not lower crashes

Car crashes increased after texting bans enacted, per study by Highway Loss Data Institute http://ping.fm/Rt8Ex

Validity of school liability waivers in issue

New Jersey’s  Supreme Court just ruled that public entities cannot condition provision of service on the recipient signing a liability waiver.  Our Massachusetts schools require parents to sign such liability waivers before allowing our children to participate in school events, and the N.J. case now draws the validity of those waivers into question.

This N.J. case presents an argument that may give Massachusetts parents a means to still bring such claims for their children against public service entities, such as the public schools, for injuries their children sustain as a result of the negligent acts of the schools and its employees.

In Massachusetts the standard school waivers were fairly recently upheld by a Supreme Judicial Court case as being binding on the child, in a case involving a Newton cheerleader who got hurt, and the court confirmed that the signed waiver meant that child had lost her right to be compensated for her injuries.   However, the N.J. case rationale creates a new possible opening for the student to argue that the waiver the school forced the parent to sign before allowing the student to participate in the sports activity should be void as against public policy where schools sports are such a “public service” provided by a government entity.  Basically one would claim that participation in school sports cannot properly be conditioned upon waiving liability claims for injuries caused by the school’s negligence, because the school sports are part of the public service of education.

Seatbelts Required on Buses – School Buses not Included

U.S. Transportation Secretary Ray LaHood today announced a proposal that would require new motorcoaches to have lap-shoulder belts to help prevent driver and passenger ejections during a collision. The proposed rule will take effect three years after the final rule is issued.

“We’re committed to making sure that motorcoach travelers reach their destinations safely,” said Secretary LaHood. “Seat belts save lives, and putting them in motorcoaches just makes sense.”

While motorcoach travel is a very safe mode of highway transportation in the U.S., carrying 750 million passengers annually, an average of 19 motorcoach occupants are killed each year on U.S. roadways. Wearing lap-shoulder belts on motorcoaches could reduce the risk for passengers of being killed in a rollover crash by 77 percent, according to the National Highway Traffic Safety Administration (NHTSA).

“We want motorcoaches to be as safe as possible and are working towards that goal,” said NHTSA Administrator David Strickland. “In coordination with Transportation Secretary Ray LaHood, we will continue moving forward in our mission to save lives and reduce injuries.”

Today’s announcement is just the latest initiative from the U.S. Department of Transportation to improve motorcoach safety. Earlier this year, the department released a Motorcoach Safety Action Plan offering concrete steps for addressing driver fatigue or inattention and improving operator maintenance. Research for improving motorcoach structure, fire safety protection and emergency egress is also under way, which could lead to recommendations for new federal standards in the future.

The National Highway Traffic Safety Administration is seeking public comment on the proposal for the next 60 days. To view the new proposal, click here.

Distracted Driving Summit #2 to be held 9/21