By berryinsurance on February 11, 2012
Hopefully this isn’t the first you’re hearing of the change in law here in Massachusetts, since it’s been in effect for over a year now! In July 2010 a Supreme Judicial Court decision changed the MA legislation regarding snow removal for property owners. Property owners are now responsible for any injuries occurring due to risky conditions in the snow or ice, on or around their property.
The prior law was known as the Massachusetts Rule which stated that liability was dependent upon the reason for the accumulation of snow in which the injury occurred. If the accident was caused by a natural accumulation of snow then the property owner was not thought to be responsible in the eyes of the law. Well times have changed, and the injured person’s burden of proof has significantly decreased; now Mother Nature’s chaos must be cleaned up in a timely manner (within 12 hours) or the property owner can be held responsible for injury that occurs.
This includes removal of accumulated snow or ice from drivable/walk able areas – including the sidewalks surrounding the premises. The days of avoiding liability exposure by taking no action are long gone. Taking no action to remove snow from your property is no longer a loop hole in MA law; landlords can, and will be held responsible. This change in law affects both residential, as well as commercial properties. When it comes to litigation, punishments/awards will be examined on a case by case basis and dealt with accordingly.
Landlords are expected to act reasonably to avoid injuries to others, as well as to decrease hazards in general on and around their property. The idea is that property owners will take measures to remove hazardous situations as they are happening or as soon as possible. Unfortunately a side effect of this change in legislation will be an increased number of personal injury claims. Public safety is the main concern with this changing law.
With this increased exposure for property owners, comes a need to be sure you have the proper liability coverages whether you’re a landlord or a home owner. Since your insurance coverage will defend you against claims of personal injury, being properly insured is more essential then ever. Contact a licensed Berry Insurance agent today for a better understanding of how this exposure might affect the property you own. Better to be safe and fully covered, than sorry.
For more information about this topic, or to get some answers about your current insurance situation, please visit our virtual insurance agency at www.berryinsurance.com, stop by one of our two locations, or give us a call at (800) 941-3317.
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Posted in All Posts, Business, Laws, Massachusetts Events, Misc, Personal Protection, Uncategorized Tagged berry insurance, franklin insurance, insurance franklin ma, ma snow removal insurance, massachusetts snow removal law, snow removal guidelines Ma, snow removal massachusetts
By berryinsurance on January 13, 2012
This just in from the Massachusetts Association of Independent Agents (MAIA) January Newsletter; after some confusion regarding the National cell phone ban for commercial drivers, the MAIA published some frequently asked questions to help clarify and explain the regulations further. Within Massachusetts, State Police are strictly enforcing these regulations in the interest of keeping the roads safe. Massachusetts company owners and managers should spread the word of this cell phone ban to their fleet of drivers; awareness is half the battle!
- Q: What is the effective date of the Mobile Telephone rule?
A: The effective date of the rule is January 3, 2012.
- Q: Are wired or wireless earpieces allowed?
A: Yes. Hands-free use of a mobile telephone is allowed using either a wired or wireless earpiece, or the speakerphone function of the mobile telephone. Wireless connection of the mobile telephone to the vehicle for hands-free operation of the telephone, which would allow the use of single- button controls on the steering wheel or dashboard, would also be allowed.
- Q: Is Push-to-Talk allowed?
A: No. A driver’s use of the Push-to-Talk function on a mobile telephone violates the prohibition against holding the phone. This includes the continuous holding of a button that is necessary to use a Push-to-Talk feature through a mobile telephone, even when the driver is using a connected microphone or wireless earphone.
- Q: Are holders of a commercial driver’s license (CDL) subject to the regulation only when driving a CMV, as defined in 49 CFR 383.5, or any vehicle?
A: CDL holders are subject to the Federal rule only when driving a CMV.
- Q: What drivers are covered by the Federal rule: intrastate or interstate? CDL holders? All CMVs?
A: The rule covers both drivers of CMVs in interstate commerce and intrastate drivers who operate CMVs transporting a quantity of hazardous materials requiring placarding under 49 CFR Part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR part 73. If a CMV driver is employed by a State or a political subdivision of a State (e.g. county, city, township, etc.), FMCSA safety regulations do not apply, even if the driver is engaged in interstate transportation. But if a CMV driver employed by a State or a political subdivision of a State is operating a vehicle that requires a CDL, the applicable State traffic laws would govern (e.g., Maryland’s prohibition on the use of hand-held phones). The States have three years to implement by State law the disqualification provision.
- Q: What is required of the employer in terms of company policy or training?
A: The rule does not require motor carriers to establish written policies in terms of company policy or training programs for their drivers. However, employers are prohibited from allowing or requiring their drivers to use hand-held mobile phones. A motor carrier may establish policies or practices that make it clear that the employer does not require or allow hand-held mobile telephone use while driving a CMV in interstate commerce. The carrier is responsible for its drivers’ conduct.
- Q: Is dialing a phone number allowed under this rule?
A: No. Dialing a mobile telephone while operating a CMV in interstate commerce is prohibited by the rule. A driver can initiate, answer, or terminate a call by touching a single button on a mobile telephone, earpiece, steering wheel, or instrument panel – comparable to using vehicle controls or instrument panel functions, such as the radio or climate control system.
- Q: Can a driver reach for a mobile telephone even if he/she intends to use the hands-free function?
A: No. In order to comply with this rule, a driver must have his or her mobile telephone located where the driver is able to initiate, answer, or terminate a call by touching a single button while the driver is in the seated driving position and properly restrained by a seat belt. If the mobile telephone is not close to the driver and operable while the driver is restrained by properly installed and adjusted seat belts, then the driver is considered to be reaching for the mobile phone, which is prohibited by the rule.
- Q: Are tow trucks exempt?
A: No. The interstate operation of tow trucks that meet the definition of a CMV are not exempt. Tow trucks, however, are exempt when responding to police emergencies in accordance with 49 CFR 390.23 (a)(3).
Penalties:
The new rule prohibits commercial drivers from reaching for, holding or dialing a cell phone while operating a CMV. Drivers who violate these restrictions face federal civil penalties of up to $2,750 for each offense and disqualification of their commercial driver’s license (CDL) for multiple offenses. Additionally, states would suspend a driver’s CDL after two or more violations of any state law on hand-held cell phone use. Motor carriers that allow their drivers to use hand-held cell phones while driving would face a maximum penalty of up to $11,000. Approximately four million interstate commercial drivers would be affected by this proposal.
A driver is disqualified from operating a commercial motor vehicle (CMV) for 60 days with the second offense in three years, and 120 days for each subsequent offense within 3 years. This penalty only applies if the violation occurred while driving a CMV.
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For more information about this newly imposed National cell phone ban, contact Donna McKenna or Kathy Cormier at the MAIA by telephone at (800) 972-9312, or by email at kcormier@massagent.com or dmckenna@massagent.com.
To get some answers about your current insurance situation, please visit our virtual insurance agency at www.berryinsurance.com, stop by one of our two locations, or give us a call at (800) 941-3317.
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Posted in All Posts, Business, Laws, Misc, Uncategorized Tagged berry insurance, berry insurance agency, commercial drivers cell phone ban, MAIA, Massachusetts Association of Independent Agents, national cell phone ban
By berryinsurance on September 12, 2011
During the summer months pedestrians, cyclists and drivers all share the road. Sounds a little scary, doesn’t it? That’s why during these great few months in New England it’s extremely important to be attentive and aware of your surroundings. When walking, biking or driving, it’s essential that you know and obey the rules of the road, to ensure the safety of yourself and others around you. Be friendly to others – the road belongs to everyone!
Did you know that when you’re riding a bicycle that you’re required to adhere to all the same traffic laws as cars? It’s true! Actually, you’ll want to take a few extra precautions since automobiles are the dominant beast out on the road. Be sure that you’re taking all the precautions necessary to make your outdoor experience a great one. When riding a bicycle near public roadways, be sure to stay as far as possible to the right. Also, you’ll want to ride against traffic. What’s this mean? You want to be able to see cars driving at you, that way any potential dangers are visible and can be managed. Riding with traffic isn’t the best idea since cars would be approaching from behind, leaving you vulnerable.
In Massachusetts, June and August are statistically the highest when it comes to bicycle injury and deaths. Children are among the largest demographic injured each year on bicycles. School aged children 5-18 years old accounted for more than 50% of non-fatal bike injuries throughout the Commonwealth. When operating a motor vehicle, it’s especially important to watch for children on bicycles since injury and fatalities are not uncommon. Walkers, cyclists and boarders need to learn and obey the rules of the road in order to be defensive; so be sure to spend some time teaching your children the proper rules of the road.
In January 2009, Massachusetts enacted a helmet law stating children under 16-years old would be required to wear properly approved head protection when on any bike, skateboard, scooter or other device of this nature. This includes being a passenger on a bike also. This was enacted to curb the uprising trend of head injury due to injury from activities like this, which can and often is the cause of bike-related death or serious head injury. Ensuring that a helmet fits properly is crucial; a helmet that fits improperly is not serving its purpose, which is to protect the head and brain. Proper helmets for children are certified by the U.S. Consumer Product Safety Commission, which ensures the proper safety testing and controls are present (when a helmet is worn correctly they can reduce head injury by 85%). Regardless of age it’s recommended that everyone wears a helmet when riding a bike, it could be the difference between a small scratch and a serious brain injury.
Cyclists really have to be defensive on the road, since an automobile will always win in a fight. Bikers should be sure to wear bright colored clothing especially if biking at night or early morning. Having lights and reflectors that are visible helps drivers to see you and take the proper precautions before it’s too late. Be sure to pay attention, head phones greatly limit your ability to hear, making you vulnerable to dangers.
You can read more about biking and bike safety in Massachusetts on the City of Boston website. A little extra attention can go a long way. Stay safe out there!
Posted in All Posts, Auto, Laws, Misc, Personal Protection, Uncategorized Tagged bicycle safety for kids, bicycle safety rules, bicycle safety tips, business insurance massachusetts, commercial auto insurance quote, commercial vehicle insurance quote, condo insurance Massachusetts, driving with bicycles, franklin insurance, liability insurance Massachusetts, MA auto insurance, Ma Insurance, Mass Auto Insurance, mass property insurance, Massachusetts bicycle helmet law, Massachusetts bicycle laws, Massachusetts bicycle safety, Massachusetts bicycle trails map, massachusetts homeowners insurance, massachusetts insurance companies, Massachusetts renters insurance, massachusetts workers compensation, renters insurance Massachusetts, small business insurance Massachusetts, workers compensation Massachusetts
By berryinsurance on April 7, 2011
The Executive Office of Public Safety and Security’s Highway Safety Division first started the ‘Click It or Ticket’ initiative in 2002. The campaign aimed to curb automobile injury and death due to the lack of a seatbelt through federal grants which funded, increased law enforcement, media campaigns, and also community education. Only 51 percent of automobile occupants in Massachusetts were using safety restraints when the ‘Click It or Ticket’ campaign first took off in 2002, by 2009, the percentage had jumped to 74 percent. Although this is a huge leap in the right direction, Massachusetts is still lacking when compared with other states.
The ‘Click It or Ticket’ campaign has been a step in the right direction for Massachusetts residents, the campaign pushed for buckling up to be included in the driving routine; which has proven to increase steadily from 2002. Massachusetts state law (see here) requires that any occupant in a vehicle be properly restrained, but still, much too often seat belts are not worn. Special restraint requirements apply to children depending upon their age (Child Passenger Restraint Law), kids are especially vulnerable to automobile injury if not properly restrained. For any person, not wearing your seat belt increases the risk of danger by 50 percent.
Ultimately, wearing a seat belt (or not) is a choice that each person must make for themselves. Warning of the unpleasant affects or rattling off statistics just isn’t enough for some people. Although ‘seat belt wearing’ percentages have risen each year in Massachusetts, fatalities still occur that should be avoided. State and local police are handing out $25 tickets to any passenger within an automobile that’s not buckled in. Don’t take the risk, buckle up!
Massachusetts Highway Safety Division
For more information about this topic, or to get some answers about your current insurance situation, please visit our virtual insurance agency at www.berryinsurance.com, stop by one of our two locations, or give us a call at (800) 941-3317.
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By berryinsurance on September 29, 2010
Back in April of this year, we reported that the EPA issued a new federal law requiring training certification for any contractor involved in any construction activity that will, or has the potential to, disturb lead based paint. (See the previous article here.)
The EPA has since delayed enforcement of the certification requirement in the law until October 1st. Massachusetts contractors now have until September 30, 2010 to enroll in training, and must complete the training by December 31, 2010. Non compliance with the new rule could lead to fine of up to $37,500 per violation, per day.
To read more about the EPA’s new Lead Renovation, Repair and Paining law, visit: http://www.epa.gov/lead/pubs/renovation.htm.
The EPA has issued a website listing only certified renovation firms for Massachusetts homeowners. To find a contractor in your area, visit http://cfpub.epa.gov/flpp/searchrrp_firm.htm.
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For more information about this topic, or if you have any questions about our Partners Program or any of your Massachusetts business or personal home insurance needs, our agents at Berry Insurance would love to help! Call us at (800) 941-3317, visit our virtual insurance office at http://www.berryinsurance.com/ or stop by one of our locations in Franklin and Quincy, MA.
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Posted in All Posts, Business, Homeowners, Laws, Misc, Personal Protection Tagged berry insurance, berry insurance agency, contractors, epa lead paint law, epa liability noncompliance, home insurance, insurance franklin ma, insurance nofolk ma, insurance quincy ma, insurance wrentham ma, lead paint certification ma, lead paint certification massachusetts, liability insurance, ma lead paint certification, ma. lead paint cerification, massachusetts lead paint certification
By berryinsurance on August 26, 2010
Not only in New England is texting while driving a major problem; it’s a national crisis affecting everyone on the road! Driver distractions can be classified into three categories – visual, manual, and most dangerous, cognitive. Cognitive distractions, such as texting, cause a driver to multi-task, lessening their ability to concentrate and focus on driving, as seen in this video clip.
Do you ever feel like you’ve been driving and don’t remember how you got from point A to point B? This happens because drivers perform some tasks when driving without consciously knowing it, such as beginning to break at the sight of a yellow light. Cognitive distractions, such as texting while driving, require the brain to multi-task, which prevents the brain from fully focusing on any single task. These distractions prevent your brain from concentrating, which results in “looking at”, but not actually “seeing”, up to 50% of your driving environment. This is referred to as “inattentive blindness” and inevitably leads to accidents.
Each state has their own regulations about texting while driving, but here in Massachusetts (as of October 2010); texting is illegal for all drivers when operating a motor vehicle. Will some drivers still text, even though it’s illegal? You betcha! Thankfully, a mobile guardian has been created to help prevent drivers from the common distractions of their phones, and hopefully help return safe driving practices to the road.
TextArrest is a software company that established an application (or app) for smartphones. This app limits texting capabilities on a phone while a vehicle is in motion. At 5mph, the app automatically kicks in and does not allowing texting while the vehicle is in motion. This app can be used for business fleets or for personal use (can we say, teen drivers?). There are a variety of plans available that can be viewed and purchased on TextArrest’s website.
While not available as of yet, TextArrest is actively working to partner with insurance companies willing to offer discounts for this having the TextArrest app on their cell phone. Regardless of the potential future discount, the TextArrest app can save you money today on your Massachusetts auto insurance by reducing accidents caused by texting while driving.
For more information about this topic, or to get some answers about your current insurance situation, please visit our virtual insurance agency at www.berryinsurance.com, stop by one of our locations, or give us a call at (800) 941-3317.
Posted in All Posts, Auto, Business, Laws, Misc, Personal Protection, Uncategorized, Workers Compensation Insurance, Workplace Injuries Tagged app, auto, auto accident, berry insurance agency inc, business fleets, cell phone bans, cognitive distractions, discounts, distractions, home, Law, massachusetts auto insurance, multi task, new england, smartphone, smartphones, teen drivers, TextArrest, Texting while driving
By berryinsurance on August 24, 2010
Melanie’s Law, signed into law in October 2005, proposed more severe punishments for drivers that operate a motor vehicle under the influence of alcohol. Melanie’s law also requires any driver with two or more Operating Under the Influence (OUI) offenses who is eligible for license reinstatement to have an Ignition Interlock Device (IID) installed in any car the driver owns, leases or operates. This device, which is required for two years, mandates the driver to pass a breath test before being able to start their car.
When the IID is installed into an offender’s car, the driver is given a ‘z’ classification on their license. The ‘z’ classification alerts police officers that drivers are only allowed to operate a motor vehicle with the IID attached, giving the drivers a breath test before allowing the car to start. If the IID device detects more than .02 alcohol level on the driver’s breath, the car will not start.
To view the rest of this entry, click here!
For more information about this topic, or to get some answers about your current insurance situation, please visit our virtual insurance agency at www.berryinsurance.com, stop by one of our locations, or give us a call at (800) 941-3317 begin_of_the_skype_highlightinend_of_the_skype_highlighting.
Posted in All Posts, Auto, Laws, Misc, Personal Protection, Uncategorized Tagged alcohol level, auto, berry insurance agency inc, Drunk Driving, franklin, home, Ignition Interlock Device, intoxicated, Limit, Massachusetts, Melanie's Law, Registry of Motor Vehicles, z classification
By berryinsurance on August 23, 2010
Alive at Twenty-Five is a four hour training program provided federally by most states. This program teaches drivers, ages sixteen to twenty-four, how to take responsibility while driving and make the correct decisions in various situations. Instructors of this Alive at Twenty-Five class use real life stories, as well as, humor to get the point across to this rather difficult age bracket.
One of the first topics discussed is how likely the sixteen-twenty-four age bracket is injured or killed in automobile accidents. Speeding, drugs, and alcohol are also examined to inform of the extremely dangerous nature of these substances when mixed with an automobile. At times within this training, instructors may attempt to change or remold the driving behaviors within the class.
To view this entire blog entry, click here!
For more information about this topic, or to get some answers about your current insurance situation, please visit our virtual insurance agency at www.berryinsurance.com, stop by one of our locations, or give us a call at (800) 941-3317.
Posted in All Posts, Auto, Laws, Misc, Personal Protection, Uncategorized Tagged Alive at Twenty Five, auto, berry insurance agency inc, franklin, franklin ma auto insurance, franklin ma innsurance quote, home, ma, MA auto insurance, ma insurance quote, Massachusetts, MassDOT, retraining course
By berryinsurance on July 14, 2010
Safety in a car is essential, but when passengers are children this becomes even more imperative! Automobile crashes are the leading cause of death for children ages 3-14 years old according to Mass.gov. This astonishing statistic paved the way for a law concerning child passenger safety which was first enforced in 2008. Children can be easily injured in motor vehicle accidents. An incident as simple as a quick stop can severely injure a child that is not properly restrained in a car seat.
Massachusetts law clearly states children 8-years and under, or shorter than 57” tall MUST be correctly strapped into a federally approved child passenger restraint. If you need help to choose the right restraint for your child or don’t know how to install you car seat, not to worry; it’s all explained right on the Mass.gov website! There are often events held by the State Police that give details to parents about the correct ways to secure their children in the car. At these events, Police will make sure that child seats are installed correctly within automobiles.
Massachusetts parents can attest to car seats saving children’s lives! Some safe practice tips for parents are as follows:
- Children should be in rear-facing infant seats from birth to 1 year AND until they are more than 20 pounds.
- Children 1 to 4 years and 20 to 40 pounds should ride in a forward-facing child seat.
- Children who have outgrown a child safety seat, typically when they are over 40 pounds or 5 years of age, should transition to a booster seat which assists in the proper fit of a safety belt.
- Children 12 and younger should never sit in the front seat. The safest seating position is in the back seat, away from air bags.
- Always wear your lap and shoulder belt when driving — it protects you in case of a crash and it sets a good example for children.
For more information about this topic, or to get some answers about your current insurance situation, please visit our virtual insurance agency at www.berryinsurance.com, stop by one of our locations, or give us a call at (800) 941-3317.
Posted in All Posts, Auto, Laws, Misc, Personal Protection, Uncategorized Tagged auto, auto safety tips, berry insurance agency, Child Safety, franklin, home, insurance, Massachusetts
By berryinsurance on July 7, 2010
It’s official, texting and driving is no longer legal for Massachusetts drivers! Governor Patrick says “Without question, this new law will save lives on our roadways.” Many people tend to agree with this; and so do we! “Texting while driving has become a serious threat to the safety of our roads and drivers,” said DeLeo a House Speaker, “Protecting the safety of our residents is our most important task as elected officials and this bill is to do just that.”
The new law will not be enforced until October 2010, but you shouldn’t wait to break your loved ones of this BAD habit! Starting in October, ANY driver caught reading or composing a text message while operating a motor vehicle will be charged $100. A $500 fine will be imposed to those drivers caught texting while driving a public transportation vehicle. Law enforcement officers have the authority to stop ANY driver suspected of texting and driving, although if cited, this will not be considered a moving violation on your Massachusetts auto insurance policy.
Teen drivers (18-years and younger) that are apprehended while texting and driving will also be subject to a 60-day suspension of their drivers’ license. In order for the teen to have their drivers’ license reinstated, the driver must take an attitudinal retraining course, such as Alive at 25! Any driver that accumulates 3 or more of these offenses will be required to take a drivers retraining course. “The bill sends a clear message to all drivers, regardless of age, that when behind the wheel, your primary focus should be driving” says Senator Baddour.
For more information about this topic, or to get some answers about your current insurance situation, please visit our virtual insurance agency at www.berryinsurance.com, stop by one of our locations, or give us a call at (800) 941-3317.
Posted in All Posts, Auto, Laws, Misc, Personal Protection, Uncategorized Tagged berry insurance agency, fine, franklin, massachusetts auto insurance, Massachusetts Law, Texting, Texting and driving
