Maine Injury Lawyer Blog

We noted in previous blog entries the tragic death of Michael Lewis on Route 102 in Tremont. Lisa Skiff Renault has been joined by more than 750 others urging local teen drivers to slow down and act responsibly behind the wheel.

Ms. Skiff Renault spoke about the Facebook cause page and her efforts to start a group to promote safe driving among MDI High School students on Monday afternoon, shortly after she returned from Mr. Lewis' funeral at the Tremont Community Center.

"I started this because I'm tired of going to these funerals," she said.

The state police are still investigating the accident's cause.

The parents of a man who suffered extensive injuries in a car crash are suing the bars that served him alcohol, the Kennebec Journal reported on August 22nd. On the night of January 31, 2008, Paul D. Hinerman went drinking with a friend at Mainely Brews & Tavern, the Midnight Blues Club and Cellar Door, and The Chez. According to reports, Waterville police Officer Matthew McNutt saw the pickup shortly after midnight as Hinerman raced past the station on Front Street. Moments later, the vehicle crashed at Front Street and College Avenue, rolled over and trapped Hinerman underneath.

As a result of his injuries, Hinerman, 30, who had been a high school varsity athlete, was forced to spend months in hospitals and rehabilitation centers. According to the lawsuit, he now "has the mental capacity of a child with nearly complete short-term memory loss, speech impairment and loss of mobility and function." He was discharged from the hospital in May 2008 with medical bills in excess of $400,000, according to the complaint.

The lawsuit charges the bars with recklessness in serving Hinerman, "given his visible and observable intoxication and in conscious disregard of the obvious and substantial risk that serving liquor would cause physical harm." Not surprisingly, the bars have responded that in fact their serving practices are responsible and it is unfair for them to be held liable for a customer's own recklessness.

Cases such as this one are complicated and require a thorough investigation into the events that led up to the accident. As Portland and Bangor attorneys with a statewide personal injury law practice and a reputation for aggressive prosecution of claims, we have represented dozens of drivers in similar situations. An investigation into this incident would need to determine how many drinks were served to Hinerman at each bar, and how intoxicated he appeared at the time. If he was indeed visibly intoxicated, one or more of the bars could be at fault and liable for significant damages.

On Thursday, August 27, 2009, a serious multi-vehicle crash on Route 1. The crash happened at about 7 p.m. Thursday near the intersection of Route 1 and Pine Point Road.

Police said two people were transported to the hospital with unknown injuries.

Cases such as this one are complicated and require a thorough investigation into the physical evidence at the scene (e.g., skid marks and road debris), the damage to the vehicles, and the observations of witnesses. Above all, it will be critical to obtain witness statements while memories of the events are still fresh. As Portland and Bangor attorneys with a statewide personal injury law practice and a reputation for aggressive prosecution of injury claims, we have investigated thousands of multicar accidents using expert accident reconstructionists to determine which driver or drivers caused the accident.

Yesterday we reported on a fatal accident involving a vehicle operated by Michael Lewis and another vehicle operated by Dacota Dow. A State investigation is underway.

The Bangor Daily News reported that the impacted occurred near the center of the road. However, information obtained by the Ellsworth American indicates that was not the case. "The impact occurred well into Lewis' lane; close to the ditch," Mr. McCausland, the State Police spokesman said. "Lewis was making evasive maneuvers to avoid the collision."

Police are still conducting interviews. An accident reconstruction specialist from the Hancock County Sheriff's Office is involved in the case, police said.

As we reported yesterday, an accident reconstruction into this accident will be able to determine with a great degree of accuracy how this accident occurred. The fact that the accident occurred in Mr. Lewis' lane would strongly indicate that the other driver, Dacota Dow, was at fault for the accident. Also, if the evidence shows that Lewis was trying to make evasive maneuvers shortly before the accident, this would further suggest that Mr. Dow was at fault for this accident. However, before any conclusions can be drawn about how this accident happened, it will be necessary to completely investigate all of the physical evidence at the scene and obtain witness statements.

Even witness statements may not provide a complete and accurate understanding of what happened, however. In past cases our office has handled where there is a similar dispute about the pre-accident maneuvers taken by drivers who collided head-on, we factor in bias on the part of witnesses. In one case we handled, our client suffered a head injury and did not recall how the accident happened, resulting in the police investigation relying more heavily on what the other driver reported. We were able to establish through physical evidence at the scene and by showing that the other driver's statements were inconsistent with the physical evidence that the other driver was primarily at fault.

Michael Lewis of Bass Harbor was killed in the crash that occurred near the Rumill Road intersection. Lewis was driving a pickup truck that crashed head-on with another pick-up truck. The other truck was operated by Dacota Dow, 19, of Bar Harbor. Authorities reported that the two vehicles collided in the center of the road.

Two passengers in Lewis' vehicle, Erin Hanley, a teenager from Tremont, and her brother Patrick, 10, were taken by ambulance to MDI Hospital in Bar Harbor with injuries that were not life-threatening.

Troopers from the Maine State Police remained on the scene into the evening investigating the accident.

As Bangor Personal Injury Lawyers, Peter Thompson & Associates, routinely investigates similar accidents where the cause of an accident is a central issue in the case. We employ expert accident reconstructionists who examine evidence at the scene, witness statements, and other evidence to determine how an accident happened and to assess fault. For example, we recently had a case where two vehicles collided near the middle of the road. As in this case, the drivers of the vehicles were both relatively young and inexperienced drivers. This information turned out to be critical in determining that our client was not at fault. We were also able to determine where in the road the collision occurred using marks left by the tires at the point of collision, as well as debris from the headlights. Despite evidence presented by the insurance companies' attorneys, we were able to prevail at a jury trial and recover our client compensation for his medical bills, lost income, injuries, permanent impairment, and pain and suffering.

Michael Conley of Pittston and Angela Haase of Augusta were seriously injured when the motorcycle Conley was operating ran into the back of an SUV operated by Andrew Collar. Police are investigating the cause of the accident.

The crash occurred just after 11 a.m. as Conley followed Collar's vehicle south toward Chelsea on Stone Street. The officer investigating the crash said that speed did not appear to be a factor in the collision.

As Portland and Bangor accident attorneys with a Statewide personal injury law practice, Peter Thompson and Associates has represented dozens motorcycle operators in similar collisions. An investigation into the cause of this accident would need to examine whether the driver of the SUV stopped suddenly or failed to give proper turn signals. The passenger on the motorcycle would have potential claims against the motorcyclist's insurance coverage, as well as the SUV operator's insurance.

A driver accused of fatally hitting a pedestrian had an extensive list of past traffic infractions, the Lewiston Sun-Journal reported Aug. 7. Brandon Earl Pelletier, 19, of Turner, is accused of hitting Sharon B. Call, 65, of Turner as she walked to a relative's mailbox. According to an accident report by the Androscoggin County Sheriff's Department, Call was walking to the mailbox at 9:45 a.m. when Pelletier approached at an unsafe rate of speed. He is accused of hitting Call, then skidding down an embankment and into a field.

Research by the Sun-Journal shows that Pelletier has been in trouble for traffic offenses many times in his short driving career. Since he received his license in December of 2006, it has been suspended seven times -- it was restored most recently in April. His record also includes three convictions for speeding; two for running a stop sign; and one for illegal transport of liquor. He has also been convicted twice for operating with a suspended license and once for failing to produce evidence of insurance, along with more minor offenses. No charges are currently pending in connection with the current accident, but the accident report said unsafe speed was a primary contributor to the accident, along with tire failure as a secondary contributor.

Of course, a spotted past doesn't guarantee that a driver will be involved in a serious accident later. But as a Bangor, Maine car crash lawyer, I know that such drivers are statistically correlated with fatal accidents. According to statistics from the federal Department of Transportation, 40% of those involved in fatal accidents with speeding in 2007 were also legally drunk (with a blood-alcohol concentration of 0.08% or higher). In the same year, about 40% of drivers involved in fatal crashes had previous license suspensions, crashes or convictions for OUI/DUI, speeding or another serious moving violation. When a driver has multiple previous offenses, it's not hard to guess that he or she might be an unsafe driver. These offenses could be powerful evidence for the driver's liability in any Maine car wreck lawsuit that victims and their loved ones choose to file.

Continue reading "Driver Accused in Fatal Accident Had Seven License Suspensions in Fewer Than Three Years" »

Jack Vincent, a 12-year-old Scarborough boy who was hit by a pickup truck last week is reportedly improving, although it is still unknown what permanent limitations he will have from his injuries.

York County Sheriff Maurice Ouellette acknowledged that the bridge is too narrow to accommodate cars and pedestrians at the same time. The driver is claiming that he didn't have enough time to react before hitting Vincent.

In our opinion, an investigation into this matter should carefully consider the truck driver's speed and knowledge of the children's use of the bridge, and should analyze whether law enforcement officials should have done more to prevent this accident from occurring. In our opinion, there should also be additional investigation whether the State failed to do enough to accommodate the use of the bridge by pedestrians and children.

The Kennebec Couty Sheriff's Department reported that the results of the blood test conducted on Joseph Rouleau, 35, of Fayette, following the crash that claimed the life of 21-year-old Corrie Lazar showed Rouleau had a blood-alcohol content of 0.23, almost three times the legal limit. Charges will likely be filed against Mr. Rouleau.

In this type of situation, it is highly likely that it will be established that Mr. Rouleau's level of intoxication prevented him from seeing Lazar in the road or, if he did see her, impaired his reaction time to the point where he was not able to avoid an otherwise avoidable collision with the pedestrian.

A rescue vehicle collided head-on with a truck causing injuries to the operator of the truck and his passenger.

Newport Rescue had been dispatched to a restaurant on Route 2, Angler's Restaurant. As the vehicle approached the Ridge Road intersection, a vehicle reportedly slowed causing a truck behind it operated by Chistopher Hajek to swerve into the path of the rescue vehicle.

Hajek suffered leg injuries and was transported to Sebasticook Valley Hospital, then was moved to Eastern Maine Medical Center.

The matter is under investigation. Our firm has investigated similar accidents involving rescue vehicles. It will be necessary to determine whether the operator of the vehicle that was in front of Hajek's truck acted reasonably in responding to the approaching rescue vehicle. It will also be necessary to determine whether Hajek was operating his vehicle at a safe and proper distance from the vehicle in front of him and was traveling within the speed limit.

While rescue vehicles are permitted to enter intersections and override traditional rules of the road and traffic signals under certain limited circumstances, they must do so safely and must not place other drivers at risk of harm. The need to respond to an emergency in a timely way does not justify causing yet another emergency situation and harm to the public. Generally rescue operators receive training about how to properly enter intersections where other vehicles have the right-of-way. An investigation into this matter will undoubtedly examine whether the rescue operators received appropriate training.

A motorcycle rider and passenger are slowly recovering from injuries sustained in a July 28 crash, the Bangor Daily News reported July 30. Christopher Feltner, 29, and his passenger, Karen Jones, 41, were riding through Corinth when a car pulled out in front of them. The crash sent both Feltner and Jones to the hospital, where Feltner was being treated for a collapsed lung Wednesday. Jones was listed in good condition, but according to her mother, Marie Applebee, she sustained injuries to her hand and foot that required two surgeries.

According to a deputy from the Penobscot County Sheriff's Department, driver Glenn Burleigh of Stetson apparently didn't see the motorcycle heading up Route 15. He pulled into the intersection from Hudson Hill Road, across and into the motorcycle's path. Feltner tried to brake, but hit the back of Burleigh's vehicle. Burleigh suffered no injuries and only moderate damage to his vehicle, but the motorcycle was damaged beyond repair, the article said. The crash was still under investigation Wednesday. Applebee said her daughter planned to give up motorcycle riding, but pleaded with drivers to watch carefully for motorcycles, especially in the summer.

Applebee has a good point. This accident illustrates a common problem I have seen as a Bangor motorcycle crash lawyer: cars "not seeing" motorcycles. Motorcycles are genuinely smaller and harder to see. But in many cases, drivers don't see motorcycles in part because they aren't looking for them -- and it's very easy to miss something when you're not expecting to see it. In fact, the definitive study of motorcycle accidents, the Hurt Report, said that drivers' failure to see motorcycles in traffic is the "predominating cause" of motorcycle accidents. In fact, that report found that drivers violating the motorcycle's right of way were responsible for two-thirds of multi-vehicle motorcycle crashes and 50% of all motorcycle crashes. Unfortunately, because they are without seatbelts or airbags, motorcyclists are far more likely to end up with catastrophic injuries or wrongful death as a result.

Continue reading "Motorcyclist and Passenger Recovering From Serious Injuries in Bangor Car-Motorcycle Crash" »