July 2009 Archives

July 30, 2009

Camp Counselor From Washington State Dies When Struck By Vehicle

Police reported that Corrie Lazar, 21, was struck by a vehicle while walking along Route 41 in Mount Vernon. Ms. Lazar was a camp counselor and was with two other counselors at the time of the incident. She had come to Maine from Washington State to be a camp counselor. Ms. Lazar was pronounced dead at the scene.

Mia Jessup, one of the other counselors walking with Ms. Lazar, was also struck and was hospitalized. The third counselor, Lloyd Olsen, was reportedly not hurt.

Police reported that Joseph Rouleau, the driver, may have been under the influence of alcohol and that alcohol may have been a factor in the crash.

Our firm, Peter Thompson & Associates, successfully tried a case similar to this involving a drunk driver who, due to his intoxication, was unable to avoid an otherwise avoidable accident. We used experts to establish how much the drunk driver's lntoxication delayed his reaction time and from there constructed a time and distance model showing that, if he had a normal, sober reaction time, he could have easily avoided the accident once he saw the pedestrian in the roadway, even though it was dark and the pedestrian, in this particular case, was wearing dark clothing. It is unclear from news accounts whether Ms. Lazar or Ms. Jessup were wearing light or dark clothing.

There is a brief account of the accident at the Portland Press Herald, http://pressherald.mainetoday.com/story.php?id=273798&ac=PHnws&pg=3.

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July 29, 2009

Child hit by truck at Salmon Falls Bridge

A 12-year-old boy was hospitalized in serious condition when a pickup truck hit him on the Salmon Falls Bridge. The boy, according to news accounts, was getting ready to jump off the bridge. The bridge is very well known in the area as a place where children come in the summer for the excitement of leaping from a height of over 20 feet into the water. The town has issued citations, but has not created any type of obstruction to prevent children from jumping from the bridge.

An investigation into this matter will likely occur to determine whether the driver of the truck was exercising adequate caution. One issue that will need to be addressed is whether the driver knew the area was frequented by children and, if so, whether he was exercising extra caution. Maine law requires that if a driver is aware that children are playing in an area near a road he exercise reasonable caution by, among other things, reducing his speed and/or keeping a vigilant lookout for children. This situation is similar to drivers seeing children riding bicycles along a road. Under these circumstances, reasonable care would require the driver to proceed at reduced speeds that would permit the driver to avoid a collision if the child were to accidentally swerve out into the road.

Another issue that will likely be investigated is whether the State did enough to prevent children from being injured by what was clearly known to be a potentially dangerous attraction. Maine law requires owners of property to exercise reasonable care to prevent harm to children by having something on the property that would attract the children and cause potentially serious injuries. Although this particular bridge was used for generations as a popular place to jump, it would need to be determined whether modifications to the bridge design could have enabled this past-time to occur while, at the same time, reducing the possibility of children being hit by oncoming vehicles.

The bridge has signs posted on it indicating that jumping is prohibited. However, officers have stopped issuing summonses because the York County District Attorney's Office decided not to prosecute the young jumpers for criminal trespassing, according to news accounts. As a result, children have congregated on the bridge in increasingly frequent numbers, something that is well-known to drivers in the area.

A 2006 article in the Portland Press Herald indicated that local and county authorities were aware that there had been an increase in the number of children congregating on the bridge and were often running across the bridge in order to jump out further. The article referred to this as a "dangerous mix". Here again, any investigation into the matter will likely seek to determine whether more should have been done to prevent this dangerous mix from causing injury to children and whether the driver of the truck that hit the 12-year-old had knowledge of what was occurring when he entered the bridge that day. It is interesting to note that the Press Herald article from 2006 specifically quoted one official as having stated, "One of these days, somebody is going to get hurt really badly."

A few years ago, officials from the towns and the Maine Department of Transportation met to discuss possible ways to prevent unnecessary injuries to the children. The options discussed included installing a pedestrian path on the side of the bridge and erecting a fence high enough to discourage jumping. However, nothing was done. Unfortunately, it may take an incident like this to finally get something done to prevent future injuries to children.

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July 28, 2009

Biddleford, Maine Man Killed in Pedestrian Accident With Driver Cited for OUI

A man was killed in a pedestrian accident involving alcohol, the Portland Press-Herald reported July 27. James Bellefeulle, 50, was walking down Main Street in Saco at around 6:30 in the morning. He was struck and killed by an SUV driven by Michael Woods, 23, of South Portland. Woods was not injured, but he was arrested on suspicion of operating a vehicle under the influence. He is being held in York County Jail on $100,000 bail.

The police investigation into this matter has not yet determined who was at fault. If it is determined that the driver was, in fact, intoxicated, it will be necessary to determine whether and to what extent the intoxication delayed the driver's reaction time and ability to avoid hitting the pedestrian. The pedestrian, according to the news report accounts, was properly walking facing the direction of traffic, something that the law requires. Our Portland car accident law firm has handled several similar cases and successfully tried a case to a jury involving a drunk driver by establishing that the driver's impairment prevented him from reacting quickly enough to avoid an otherwise avoidable collision. In that case, we used expert witnesses to establish how alcohol impairs reaction time as compared to a sober driver, pointing out that even a few drinks can impair a driver's reaction time signficantly.

Pedestrian accidents are some of the deadliest accidents on our roads. Even more than other travelers, pedestrians are completely unprotected, without seatbelts, helmets or a steel frame to protect them. In a crash between a pedestrian and a vehicle, the pedestrian is almost always killed or seriously hurt. Recognizing this, Maine law gives drivers a special responsibility to take care when pedestrians are nearby -- especially children and the blind. Pedestrians must still avoid running into traffic or other unsafe practices, but Maine drivers are asked to "exercise due care" to avoid a pedestrian accident under any circumstances. If they do not, they could be liable in any Maine car accident lawsuit victims and their families may choose to file.

Continue reading "Biddleford, Maine Man Killed in Pedestrian Accident With Driver Cited for OUI" »

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July 20, 2009

Corinth Couple Survives Motorcycle Accident With Loose Horse in Charleston

A married couple from Corinth, Maine survived an unusual motorcycle accident this past weekend: a crash with a horse. According to the July 20 Bangor Daily News, Richard and Donna Bradford were passing by on a 2007 Harley-Davidson when a paint horse named Buster got loose from his field. He ran directly into the road, but Donna Bradford spotted him and was able to tell her husband, who was operating the bike, to take evasive action.

Law enforcement told the newspaper that the Bradfords were lucky to escape with only minor injuries. Donna Bradford was uninjured and Richard Bradford suffered minor bumps and bruises, although their motorcycle took an estimated $1,000 worth of damage. Buster was not so lucky; he suffered a broken jaw that will require surgery, lost a few teeth and has a cut on his lip. At more than 20 years old, he is a pet to Donald and Regina Boulier. The Bouliers were upset about the incident, but said they were glad the Bradfords weren't seriously hurt. Donald Boulier said he also rides a Harley.

As a Bangor motorcycle accident lawyer, I was interested in this story because it's unusual to see such clear evidence of an accident being caused by a domestic animal. Accidents involving loose dogs or livestock aren't common, but they can cause serious one-vehicle accidents. The owner of the animal is legally at fault in many of these cases because most local laws require animals to be fenced, leashed or otherwise restrained from running loose. However, because there's often no witness to the accident or to the animal's escape, this can be hard to prove. As a result, insurance companies have an opening with which to deny legitimate insurance claims filed by accident victims. Often, it's only after they get help from a Maine motorcycle crash attorney that victims get the financial settlement to which they're legally entitled.

Continue reading "Corinth Couple Survives Motorcycle Accident With Loose Horse in Charleston" »

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July 13, 2009

Brunswick Woman Killed in Single Vehicle Accident Involving Suspected Drunk Driver

A single-vehicle accident claimed the life of a 25-year-old Brunswick woman Sunday night, the Kennebec Journal reported July 13. Rachel Mooney was a passenger in a car driven by Matthew Doucette, 27, of Portland. According to Maine state police, Doucette's vehicle went off the road on Interstate 295, near the Bowdoinham exit (exit 37) and hit several trees. More details were not immediately available, but police said speed and alcohol are both believed to be factors. Doucette was taken to the hospital with injuries that were not life-threatening.

Police are still investigating this crash, and we don't have enough details now to pin down a cause. However, the crash involved only one vehicle, and the police said speed and alcohol were factors. Unless an unnamed vehicle was involved, it's likely that this means Doucette, the driver, was speeding and may have been drinking. If that's the case, he could be charged in the crash with a crime such as aggravated OUI or drunk-driving manslaughter. In addition to the potential jail or prison time and other penalties they carry, these charges can also hurt a driver's defense in any Maine drunk driving lawsuit that the victims and their families may file.

When most people think of drunk driving claims, they think of accidents in which an intoxicated driver hits another vehicle driven by a sober stranger, causing catastrophic injuries and wrongful deaths. But in many cases I've seen as a Maine OUI accident lawyer, the victims are also people who were riding in the car with the intoxicated driver, placing their trust in someone who doesn't deserve it. In Maine, people injured in this type of accident may still recover compensation for their injuries and costs, as long as a jury believes they are less than 50% at fault for the accident. However, people who do bear some fault for the accident may have their compensation reduced by the amount of fault they bear. A good Bangor drunk driving accident attorney can tell you more about how this could work in your case.

Continue reading "Brunswick Woman Killed in Single Vehicle Accident Involving Suspected Drunk Driver" »

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July 6, 2009

Driver Declines Plea Deal in Norwich Motorcycle Crash That Killed Motorcyclist and Seriously Injured Passenger

A driver charged with manslaughter in connection with a serious Maine motorcycle accident turned down a plea bargain, the Norwich Bulletin reported July 2. Eugene Parsons of Garland faces criminal charges for the July 5, 2008 accident that killed Alan Begin of Taftville and seriously injured his passenger, Dawn Foisey. The decision by Parsons means he will face trial on charges of manslaughter with a motor vehicle, assault with a motor vehicle, OUI, running a red light and reckless driving. Trial had not yet been set.

According to the article, Parsons had a blood-alcohol concentration more than twice the legal limit when he ran the red light at the intersection of Route 2 and Harland Road in Norwich. He hit Begin's Harley-Davidson motorcycle, killing Begin. Begin's passenger, Foisey, lost one kidney and suffered a punctured lung and broken bones. The newspaper did not specify how much time Parsons could face if convicted, or the terms of the plea deal. However, manslaughter alone carries up to 30 years in prison in Maine.

As a Portland motorcycle crash lawyer, I hope that this article serves as a timely reminder for Maine drivers and motorcyclists that they can never be too careful. Summer is when motorcyclists are most likely to be on Maine roads, and that should raise the awareness of every driver. Statistically, most motorcycle accidents are caused by drivers not seeing motorcycles -- and frequently, "not seeing" motorcycles means not looking for them or not expecting to see them. Unfortunately, the results can be catastrophic. Motorcycle accident injuries cause brain damage, multiple broken bones, spinal injuries, organ damage and other life-changing injuries.

Motorcyclists have all the same rights and responsibilities as drivers in Maine, including the responsibility to be careful on the road and the right to hold others legally liable when they fail to be careful. That means riders involved in a bad Maine motorcycle accident can sue a driver whose carelessness caused their serious injuries and the sky-high medical bills that almost inevitably result. In a Bangor motorcycle accident lawsuit, motorcyclists can recover money to pay hospital bills, future medical treatment and other costs related to the accident, as well as compensation for their injuries, pain and any permanent disability or wrongful death.

Continue reading "Driver Declines Plea Deal in Norwich Motorcycle Crash That Killed Motorcyclist and Seriously Injured Passenger" »

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