Maine Injury Lawyer Blog

In Maine, there is a potential intersection of the workers' compensation and personal injury systems when the injury is caused by a third party.

Generally, if you are injured at work, regardless of the cause, you are compensated for that injury entirely through the workers' compensation system. However, did you know that if a party other than your employer is responsible for the injury, you may also have a separate claim against that party?

For example, if you were driving a vehicle as part of your job and were injured in an accident caused by another driver, you have both a workers' compensation claim and a claim against the other driver.

Typically, the payments made by workers' compensation are conditional and may need to be reimbursed from your injury claim.

The interplay between these two systems can become extremely complicated. The auto accident specialists at Peter Thompson & Associates have handled hundreds of similar cases, partnering with experts in workers' compensation when necessary. Our team assures the best results for those navigating these two systems. We specialize in providing excellent customer service and quick results. For more information, contact Peter Thompson & Associates at 1-800-917-1784 or read more on our website www.Peter-Thompson-Associates.com on our car accident practice page.

Reported in the Portland Press Herald, October 22, 2010

HARRISON -- Police in Harrison, Maine, say one teenager has been killed and three other people injured in a car crash.

Eighteen-year-old Thomas McLendon, of Oxford, was a passenger in a Chevrolet Trailblazer whose driver lost control rounding a corner and crashed into trees.

McLendon, who was in the back seat, died at the scene. A second passenger, 20-year-old Jacob Hill, of Waterford, was hospitalized with life-threatening injuries. Another passenger and the driver, a girl whose name wasn't released, were hospitalized with serious injuries.

The auto accident specialists at Peter Thompson & Associates have handled thousands of similar claims and recovered millions of dollars in compensation for our clients. We specialize in providing excellent customer service and quick results. For more information, contact Peter Thompson & Associates at 1-800-917-1784 or read more on our website www.Peter-Thompson-Associates.com on our car accident practice page.

Reported in the Sun Journal, October 16, 2010

PARIS -- Two people were injured late Friday morning when a car delivering mail was struck from behind by an 18-wheel tractor-trailer on a rainy, windswept stretch of Route 26 near the West Paris town line.

According to Lt. Michael Dailey of the Paris police, a 1998 Buick Century driven by 31-year-old Katie Brett of Paris was traveling south at 11:30 a.m. and had stopped to let a northbound car pass before she attempted to turn into Doe's Variety. Her car was hit by a Freightliner fuel truck driven by 53-year-old William LeTarte of Dummer, N.H. The truck was lettered with "Bill LeTarte Trucking" of Dummer.

The truck crushed the back half of Brett's car then pushed it across the northbound lane. A 2001 Ford pickup driven by Gloria Hadley, 57, of West Paris then struck the side of the truck as it crossed the road, tearing off one of the tractor-trailer's fuel tanks, Dailey said. The tank had an estimated 60 to 80 gallons of fuel, he said.

"It's amazing the people got out of it the way they did," Dailey said.

The driver of the 18-wheeler was not injured.

Both women were taken to Stephens Memorial Hospital where they were treated and released, he said. Firefighters at the scene said Hadley complained of a hip injury. A woman who ran to the scene of the accident said Brett, a local mail carrier, was conscious but disoriented.

"We were right in the middle of what happened," said Doe's Market owner Doreen Brown, who was busy serving lunchtime customers when the crash occurred.

"It was a humongous bang. We could hear the truck driver's brakes before it happened," she said.

Brown and others inside the convenience store/luncheon business ran outside to help the drivers. Brown said when she looked inside the wrecked car she recognized the woman behind the wheel as a former employee.

"She used to work here. It was awful," Brown said, adding the woman was conscious and talking but confused.

The impact of the crash tore the fuel tank from the underside of the tractor-trailer, releasing a stream of fuel onto the highway. The road was closed to traffic for several hours.

Norway Fire Chief Dennis Yates said firefighters were attempting to divert the fuel that spilled from a nearby storm drain. The accident was across the street from the Little Androscoggin River.

"We're trying to keep the fuel above the water," Yates said of efforts to dig trenches in the pouring rain and lay white booms on the ground to separate the clean water from the fuel.

The Department of Environmental Protection and an accident reconstruction team from the Maine State Police were also at the scene.

Dailey said the accident is still under investigation but it appears that the truck driver may have been distracted.

Based on this report, it appears the tractor trailor truck is at fault for the injuries sustained by both of the other drivers in the accident. Documenting this conclusion by collecting the investigations from the Maine State Police, the Department of Tansportation and the Department of Environmental Protection would be prudent first steps in a claim for the injuries sustained. It would also be wise to get witness statements from those who knew Ms. Brett and interacted with her immediately following the collision. This will preserve their recollection of her altered mental state at the time of the accident. The auto accident specialists at Peter Thompson & Associates have handled thousands of similar claims and recovered millions of dollars in compensation for our clients. We specialize in providing excellent customer service and quick results. For more information, contact Peter Thompson & Associates at 1-800-917-1784 or read more on our website www.Peter-Thompson-Associates.com on our car accident practice page.

On September 21, 2010, the U.S. Department of Transportation hosted the second National Distracted Driving Summit. The purpose of the summit was to discuss challenges and opportunities facing national anti-distracted driving regulation efforts.

In recent years, a movement has been gaining momentum to address the problems that distraction behind the wheel can cause. Much of the media has been focused particularly on cell phone use and texting, however, other examples include eating, being overtired, or putting on makeup while driving. Even Oprah Winfrey has joined the effort. Oprah's No Phone Zone

According to the government website that has been established for this campaign, in 2008, almost 20% of all crashes were caused by distracted driving. Talking on a phone, whether holding it in your hand or using a hands free device, is the equivalent of driving with a 0.08 percent blood alcohol content. In other words, the same as driving drunk. www.distraction.gov.

Due to the serious consequences of distracted drivers, many states are enacting laws to combat this dangerous activity. In June 2009, Maine's own law was signed by the governor. Not limited to cell phone use, the law allows citation for engaging in any activity not necessary to the operation of the motor vehicle. Officers will enforce the law when they determine that the activity has caused a driver to be distracted. Title 29-A M.R.S.A Section 2118

If you have been injured by a distracted driver and have questions about how to be compensated for your injuries, contact us at 1-800-917-1784 or read more on our website, www.Peter-Thompson-Associates.com, on our car accident practice page.

Reported in the Bangor Daily News October 5, 2010

The setting sun was cited as a factor in a rear-end crash Tuesday that brought westbound traffic on Interstate 395 to a near halt during the busy evening commute.

The accident happened about 6 p.m., soon after a vehicle that was not involved started to take the Route 202 exit but veered back onto the highway after coming to a near stop, Sgt. William Sheehan of the Penobscot County Sheriff's Department said Tuesday night. That, he said, caused drivers behind it to slow down to a near stop as well.

One of those drivers was Jean Benjamin, 38, of Orlando, Fla., whose 1998 BMW sedan was struck from behind by a 1989 Toyota Camry driven by Deloris Miller, 54, of Bangor, Sheehan said.

"She was blinded by the sun," which Sheehan said was setting and "very intense.

Based on this report, it is clear that Ms. Benjamin was not at fault for this accident. Although she is from Florida, if she wishes to pursue this claim, she should retain a Maine attorney. The auto accident specialists at Peter Thompson & Associates frequently represent individuals who are unfortunately injured while visiting our beautiful state. By utilizing up to date electronic media, email and telephone services, your distance from us is not a concern. We have handled thousands of similar claims and recovered millions of dollars in compensation for our clients. We specialize in providing excellent customer service and quick results. For more information, contact Peter Thompson & Associates at 1-800-917-1784 or read more on our website www.Peter-Thompson-Associates.com on our car accident practice page.

INSURANCE ADJUSTERS HAVE THE INTERNET TOO!

Most people at one time or another have heard the advice "Do not put anything in an email or online that you would not want on the front page of the newspaper". This is never truer than when you are bringing a personal injury claim. The insurance company WILL search for your online profiles. More than once, we have received a call from an adjuster directing us to a client's online profile.

"So what?" you might be thinking, "I have nothing to hide. Besides, nothing I put on my Facebook or MySpace account has anything to do with my accident." This is almost never true. For example, if you are claiming an injury, and you are writing about all of the things you did over the weekend, that is relevant. If you are posting pictures of your participation in a charity walk, that is relevant. As your attorneys, we know the truth is accident victims have good days and bad days while recovering. It is our job to make that argument on your behalf. However, the insurance adjuster will use this to show that your injuries are not very serious.

Additionally, a big part of any case is how you would present to a jury, should that be necessary. Therefore, any indication online that puts you in an unflattering light can affect your case, even before it gets that far. For example, foul language and references to illegal activity or excessive drinking do not help your case. Particularly if there is an issue regarding who was at fault for the accident, because you need to appear as serious and credible as possible.

What can you do? First, if you have any profiles or accounts on any of the social media networks, set everything possible to the highest privacy setting.

Second, be careful about allowing a connection from anyone you do not personally know.

Third, again, think about what you are putting online. Although the privacy settings are a good first level of protection, there has recently been a case in New York where a judge allowed the Defendant's lawyer to access the Plaintiff's Facebook account. Romano v. Steelcase Inc., 2006-2233 (N.Y. Super. Sept. 21, 2010.). In that case, the Defendant argued that since the Plaintiff was claiming a loss of enjoyment of life and permanent injuries, her postings were relevant to see if this was true. The judge agreed, and said that because the point of these websites is the share information, it is discoverable, even if the person has their settings set to private.

If you have been injured in an accident and you have questions about what information insurance companies can use to evaluate your claim, please contact us at 1-800-917-1784 or read more on our website, www.Peter-Thompson-Associates.com, on our car accident practice page.