Maine Injury Lawyer Blog

Reported in the Portland Press Herald on November 26, 2010

A 27-year-old Portland native was killed early Thursday morning in a two-car crash in Massachusetts in which one of the drivers has been charged with motor vehicle homicide while drunk, according to police.

Raina Jensen was a back-seat passenger in a 2002 Nissan Altima traveling in Wilbraham, Mass., when it was struck by a 2000 Jeep Grand Cherokee driven by Joshua Lacroix, 24, of Ware, Mass.

The accident happened around 1:45 a.m. as Lacroix was heading east on Boston Road at Three Rivers Road, police said. A preliminary investigation indicated that the Jeep crossed into the westbound lane and collided head-on with the Altima carrying five people, police said.

Jensen died at the scene, according to her mother, Jan Jensen of Portland. Five other people were taken to Baystate Medical Center in Springfield following the crash, police said.

Lacroix is charged with motor vehicle homicide while operating under the influence of liquor, causing serious bodily injury while operating under the influence of liquor and negligent operation of a motor vehicle, police said. He is being held on $250,000 bail.

As this accident happened in Massachusetts, the law of that state will control the case. There are many differences between Maine and Massachusetts law, for example, the general statute of limitations for negligence is shorter. Massachusetts Probate law will also likely control the inevitable estate issues that will arise. However, it is possible that Ms. Jensen still had enough contacts with Maine to warrant jurisdiction over her estate here. The auto accident team at Peter Thompson & Associates includes an attorney who joined us after years of practicing in Massachusetts, and maintains a license to practice there. Our team has 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 November 9 and 10th, the National Transportation Safety Board hosted a forum to discuss issues relating to highway safety and our aging population. A webcast is archived on the N.T.S.B website.

An interview with Deborah Hersman, chairwoman of the N.T.S.B., was published on November 17th, 2010 in The New York Times blog "The New Old Age", (see full article here). The forum revealed that recent statistics have surprised researchers. For example, while the number of fatalities has dropped across the board, drivers over 70 have had an even higher drop in the rate of fatal crashes. People are living longer and are also healthier as they age. Ms. Hersman concludes that age alone is not a sufficient factor for determining continuing eligibility to drive, but that states need to consider alternatives such as additional testing or shortened periods before renewal of a license.

Maine considers a driver elderly when he or she is over 65 years of age. The DOT has published resources to assist residents who are dealing with the issue of aging and driving on their website.

If you have questions about an accident involving an elderly driver, contact the team at Peter Thompson and Associates. We have handled thousands of similar cases. For a free consultation, 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 on November 16, 2010

An accident on outer Essex Street claimed the lives of two men Tuesday.

Police say the car they were riding in struck a tree and both victims were ejected from the vehicle.

The victims were identified as Rene Secord, 25, of Orono and Kirk Smith, 22, of Bangor, Bangor police Sgt. Jim Buckley said Tuesday night.

Buckley said that Secord was pronounced dead at the accident scene and that Smith died at Eastern Maine Medical Center. A time of death was not available Tuesday night.

The accident occurred at about 3:45 p.m., when the compact car the two men were traveling in struck a tree, Bangor police Officer John Robinson said at the accident scene, near 1786 Essex St.

Police still were working to determine how the accident happened as of Tuesday night.

Lt. Jeff Millard, who along with Officer James Dearing conducted the accident reconstruction, said late Tuesday night that speed was a factor in the accident. He also said police are exploring whether alcohol played a role.

"We have a pretty good idea what occurred," he said, though he declined to discuss details until police have completed additional interviews.

Millard said measurements taken at the scene indicate that the car was traveling inbound just before the accident. He said the car spun after it struck a tree and came to a stop in the opposite direction.

Both the front and rear ends of the car appeared to have significant damage. In addition, the roadway where the car crashed was strewn with debris from inside the car.

Police did not disclose who was driving and who the passenger was.

"We think we know who the driver was," Millard said. He said, however, that that information would not be released until the police had more definitive information.

Within minutes of the crash, police closed the section of Essex Street running between Burleigh Road and Church Road, initially to accommodate emergency medical personnel and later for an accident reconstruction conducted by Lt. Jeff Millard and Officer James Dearing.

The road was reopened at about 8:30 p.m., according to Buckley.

Also participating in the investigation are members of the Police Department's Criminal Investigation Division, which is standard procedure, Sgt. Paul Edwards noted in a news release issued shortly after the accident.

Based on this report, it is evident that further investigation of this accident will be necessary to determine who was driving and what caused this crash. As in all cases with a fatality, the Maine State Police will conduct an accident reconstruction. However, further study of the evidence may be necessary. It is important that the investigation take place as soon as possible before potentially critical evidence is destroyed by time. 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.

A recent post to this blog was about a tragic accident which killed two teenage girls. Such news makes one consider teen and inexperienced drivers. According to the Centers for Disease Control, more teens are killed every year by car accidents than by any other cause. In Maine, the statistics are equally disturbing. According to the Secretary of State,

"•Nearly one young driver is killed each week in Maine;

•More than 60 young drivers are injured each week in Maine;

•Motor vehicle crashes are the leading cause of death of young people ages 15 to 24 in both Maine and the nation;

•In Maine, 15 to 24 year olds comprise 12.5% of all licensed drivers, but they are involved in 25% of all motor vehicle fatalities and 30% of all injuries."

In order to counter some of the risks, Maine's licensing procedure for those under 21 is taken in three steps. First, at the age of 15 residents are allowed to apply for a learner's permit. They must pass a vision screening, written examination and have taken a driver education course. The permit allows driving with another licensed person over the age of 20 in the vehicle. During this time, they must accumulate 35 hours of practice driving, including 5 hours at night.

After 6 months, they are allowed to apply for an intermediate license. They must pass a test behind the wheel to qualify. At this stage, they may drive alone, but not between the hours of 12 p.m. and 5 a.m. The only passengers allowed are immediate family members UNLESS there is a driver over the age of 20 in the front seat who has been licensed for more than 2 years. Cell phone use while driving is not permitted.

Drivers are required to have an intermediate license for 180 days before applying for a full license.

You can find out more information about the licensing process on the State of Maine Secretary of State's website

If your teenager has been injured in an accident, or if you have been injured by an inexperienced driver, contact Peter Thompson and Associates for a free consultation at 1-800-917-1784 or read more on our website, www.Peter-Thompson-Associates.com, on our car accident practice page.

By making a personal injury claim, you are asking the insurance company for the person who caused your injuries to pay you for your damages. In the most generous view of insurance companies, in order to fairly compensate you, the will need to do a full invesitigation of your claim. Of course, we normally see that this investigation is not as impartial as it should be. Nevertheless, when you make a claim, you open a window into parts of your life you would ordinarily consider private.

One example is your medical history. For instance, if you are claiming that you have an injury to the muscles in your neck, it makes sense for the insurance company to verify that you weren't treating for the same thing before the accident. Obviously, they are not required to pay you to get physical therapy for your neck if it was necessitated by a prior, chronic neck problem. There is no way to know if you had a prior neck problem without examining your medical history.

The analysis of what information the insurance company is entitled to review really comes down to what they may receive should your case enter litgation, and further, what they would be allowed to present to a jury. The scope is extremely broad. However, in some circumstances, items that could in no way be related to an auto accident, or would not be allowed into evidence in a trial, can be withheld.

If you have concerns about what information the insurance company is allowed to have, and what you can keep private, contact the team at Peter Thompson and Associates. We have handled thousands of claims and are very experienced with the rules and procedures regarding medical privacy. For a free consultation call 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, November 16, 2010

PORTLAND -- The man killed in a motorcycle crash this morning has been identified as Douglas Starbird, 52, of Oxford.

Starbird was driving on Skyway Drive toward Outer Congress Street, headed in the same direction as an Atlas Van Lines moving truck, when he collided with the side of the truck, then hit the pavement.

He was not wearing a helmet, though one would not necessarily have saved him, Portland police said.

Members of the Portland police traffic unit are still trying to determine what contributed to the collision though they say excessive speed does not appear to be a contributing factor.

Police ask that anyone who witnessed the crash call them at 874-8532.

The State Police commercial vehicle enforcement unit responded to check out the moving van.

This report does not indicate which driver was at fault for this accident. As with all fatal accidents in Maine, the Maine State Police will automatically conduct an accident reconstruction. Any witnesses should be interviewed immediately in order to preserve their recollection of the events. Determining liability will require a thorough analysis of the events and evidence by an experienced legal team. 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 Portland Press Herald on Tuesday November 9, 2010

The 21-year-old driver of a pickup and his two teenage passengers are dead followng a crash in the midcoast town of Hope Monday night.

State Police say Daniel Dodge II, of Hope, died as did his passengers Misti Leach, 14 of South Thomaston and Katie Kelly, 17 of Rockland.

Dodge lost control of the truck on Barnestown Road at 10:45 p.m., State Police said. The truck rolled over and slid on its side into a tree.

Leach, an eighth grader and Kelly, who attends Rockland High School, were killed instantly, police said. Dodge died at the scene after being extricated from the wreckage.

Knox County Sheriff's deputies and officers from the Camden and Rockland police departments responded with State Police as did rescue workers from several nearby communities.

The cause of the crash is under investigation.

Based on this report, it is clear an accident reconstruction will be necesary to determine the cause of this accident. The Maine State Police automatically conducts such an investigation in a case with fatalities such as this. Depending on their results, further research as to the cause may also be warranted. Sadly, there will also be complicated estate issues in these cases. At this time it appears that claims by the families of Ms. Kelly and Ms. Leach will be warranted against Mr. Dodge's insurance. There are also potential claims against any household policies where the young women lived. This will require a thorough analysis of available coverage by an experienced legal team. 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.

As the weather turns colder and winter storms approach, it is a good time to refresh our memory with winter driving tips. As the saying goes "first is worst" meaning the first storm is always the most dangerous on the roads because we are out of practice driving in stormy conditions. Taking a little time to prepare our vehicles and review driving safety measures are good steps toward preventing accidents and injuries.

The guys at Car Talk have listed their recommendations for winterizing your car on their website.

While driving, keep in mind that stopping distance on snow and ice can be longer than on dry pavement. Avoid tailgating. Budget extra time to get to your destination so that you aren't tempted to go faster than is safe. Distracted driving is always a hazard, but in particular in bad weather, focus on driving. Don't talk on your phone, put on your makeup, or play with the radio. For more tips, the Maine Secretary of State's office has publised advice on driving in ice and snow on their website.

Even in winter conditions, all drivers have a duty to maintain control of their vehicles. If you have been injured in accident during a storm, and it was not your fault, don't assume that because the weather was bad, there is nothing you can do. The team at Peter Thompson and Associates has handled thousands of similar cases. For a free consultation, 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, November 1, 2010

FRENCHVILLE, Maine -- A 24-year-old man who was seriously injured in an all-terrain vehicle accident Sunday was listed in critical condition at a Bangor hospital on Monday.

Robert Tardiff of Frenchville was flown by LifeFlight to Eastern Maine Medical Center after the accident, which occurred about 2:10 p.m. Sunday on Paradis Lane in Frenchville, Sgt. Forrest Dudley of the Aroostook County Sheriff's Department said Monday.

Dudley said Tardiff suffered head trauma in the accident.

According to Dudley, Tardiff and 25-year-old Timmy Soucy of St. Agatha were operating two ATVs, one of which was towing the other down the roadway.

Dudley did not say which rider was doing the towing, noting that the investigation is in its early stages.

He said it appears that both riders lost control of their ATVs, causing the two machines to roll on the roadway. Dudley said neither driver was wearing a helmet.

Tardiff and Soucy both were taken to Northern Maine Medical Center in Fort Kent. Soucy was treated and then released.

Tardiff, however, was stabilized and transferred to EMMC, Dudley said.

The accident remains under investigation by Deputy Michael Montpetit, also of the Aroostook County Sheriff's Department.

It is clear from this report that further investigation is warranted to determine exactly how this accident happened. Was there a defect on the roadway? Were the riders on private property or public roads? Did one driver make an error while driving? It is, unfortunately, not common for ATV owners to insure their vehicles. However, even if there is no insurance on the ATV itself, there are potential other sources of recovery, depending on the exact circumstances of the accident. Our team is extremely experienced in researching these sources. A thorough investigation should begin immediately in order to preserve the memories of those involved and any physical evidence such as markings on the trail. The personal injury 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 personal injury practice page.