Maine Injury Lawyer Blog

As reported in the Portland Press Herald on December 28, 2010

CARRABASSETT VALLEY -- A chair lift derailed in high winds at Maine's tallest ski mountain Tuesday, sending screaming skiers plummeting as far as 30 feet to the slope below and injuring several of them.

The Sugarloaf resort in Carrabassett Valley, about 120 miles north of Portland, said about six people were injured when five chairs fell an estimated 25 to 30 feet. The resort's ski patrol evacuated the lift, which had passed an inspection.

None of the injuries appeared to be life-threatening, the resort said. The injured were treated and taken to hospitals. About 220 people were on the lift at the time, and inspectors were headed to the scene.

Rebecca London, one of the skiers who tumbled to the snow, told The Associated Press that she had a soft landing because the mountain had not groomed the new-fallen snow underneath the lift. Her face hit the retaining bar, but her goggles spared her from serious injury, she said.

Most of the skiers who fell appeared to be stunned but OK, she said, and the ski patrol was on the scene within minutes to begin treating the injured. London said she wasn't hurt badly enough to go to a hospital.

Jay Marshall, hunkered down in a cold wind while on a lift next to the broken one, said that his lift was moving but that the broken one was not.

There was a "loud snapping noise" after the lift restarted, he said, then screams.

"The next thing I know, it was bouncing up and down like a yo-yo," he said. Some skiers tumbled from their chairs.

Gideon Hacker, a skier from Princeton, N.J., said he saw at least one person taken off the mountain in a gurney pulled by a snowmobile. He said Sugarloaf workers used a pulley device to lower skiers to safety.

Jill Gray, a spokeswoman for Franklin Memorial Hospital about in Farmington, about 45 miles from the mountain, said that one person was taken there and flown to Maine Medical Center in Portland.

Another person was being treated in Franklin's emergency room, she said, and the hospital expected to receive five more patients. She did not give details on the injuries.

At the time of the accident, high winds were buffeting Maine a day after a blizzard swept across the region.

The National Weather Service has no wind sensors near Sugarloaf, but a weather balloon launched in Gray, in southern Maine, showed winds of 40 mph at 1,000 feet Tuesday, a weather service meteorologist.

It's unclear whether the accident was wind-related or mechanical. The spillway chair lift was properly licensed and inspected, said Doug Dunbar of Maine Department of Professional and Financial Regulation.

Ski resort chair lifts fall under the jurisdiction of the department's Board of Elevator and Tramway Safety, and two inspectors were being sent to Sugarloaf, Dunbar said. The Maine Emergency Management Agency was sending a representative, as well, a spokeswoman said.

At 4,237 feet, Sugarloaf is Maine's second-highest mountain after Mount Katahdin.

Based on this report it appears that people were injured by a faulty chair lift, or a lift that was being operated in unsafe conditions. It is important that an investigation take place as soon as possible before potentially critical evidence is destroyed by time. For example, statements should be taken from all of the witnesses to the lift's collapse. An analysis will also be necessary of who was responsible for the maintenance and safety of the lift. 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.

As reported in the Bangor Daily News on December 17, 2010

THOMASTON, Maine -- A man was injured in a collision between a minivan and pickup truck Friday morning on Route 1 near the Lowe's store.

At about 7:30 a.m., Kenneth Elwell Sr., 66, who was driving a Regional School Unit 13 van, pulled out of a feed store and in front of a pickup truck heading north in the turning lane on Route 1, police said.

Matthew Tyler, 49, was unable to stop his Dodge pickup on the icy road and the two vehicles collided, according to Thomaston police Officer Michael Blais.

"There was air bag deployment on both vehicles. The man in the RSU van was knocked out," Blais.

Elwell was taken to Pen Bay Medical Center in Rockport, where a nursing supervisor said Friday afternoon that he was in stable condition. .

From this report, it appears that Mr. Elwell was at fault for this accident. As always, however, a closer review of the course of events will be necessary to make a final conclusion on liability in this case. For example, if Mr. Tyler was traveling to fast, he could share in fault for the collision. 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.

The holidays can be a perfect storm of opportunity for motor vehicle accidents. Often, the weather creates poor road and driving conditions. People are in a rush to get from place to place. Alcoholic beverages are often part of celebrations.

This week, the National Highway Safety Transportation Administration issued a press release kicking off the agency's annual crackdown on holiday drunk driving. Secretary Ray Lahood encouraged local enforcement agencies to adopt the tough "No Refusal" enforcement strategy. States employing this policy allow officers to obtain quick warrants from judges for blood tests when a breathalyzer is refused. According to the Secretary "Drunk driving remains a leading cause of death and injury on our roadways . . . I applaud the efforts of the law enforcement officials who have pioneered the 'No Refusal' approach to get drunk drivers off our roads. And I urge other states to adopt this approach to make sure that drunk drivers can't skirt the law and are held accountable."

This holiday season, remember to drive safely and soberly. If you have been injured in an accident with an impaired driver, and have questions, contact the team at Peter Thompson and Associates. We have handled thousands of similar claims and recovered millions of dollars for our clients. 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.

As reported in the Portland Press Herald on December 15, 2010

" . . .

A Subaru Outback driven by Laura Breault, 48, of Knox, was heading east toward Brooks. Breault was taking her 15-year-old daughter, Jessica, to school, Keating said.

Coming toward them from the west was a tractor-trailer hauling a partially-filled milk tank, driven by Daniel Crockett, 44, of Rome. The tanker was owned by H.A. Haskell & Sons, of Palermo.

Breault's car began to skid, Keating said, and it swerved right into the path of the tractor-trailer. On impact, the trailer jack-knifed and both vehicles fell into a ditch.

Both Breaults were declared dead at the scene and they had to be extricated from the remains of the vehicle, Keating said. Crockett was not injured.

Dep. Matt Curtis investigated the accident, which was being reconstructed by Dept. Ben Seekins. Maine State Police also assisted at the scene.

. . . "

From this report, it appears that Laura Breault is the driver legally at fault for this accident. Certainly, the weather was a factor, however, even in inclement weather, each driver is responsible for maintaining control of his or her vehicle. If the report is accurate, the driver of the milk truck was not negligent. That being said, a careful review of the accident reconstruction will be necessary to confirm this initial version of the events. It is likely that the estate of Jessica Breault will, sadly, have a claim against the estate of her mother. A careful reading of the insurance policies covering the household and the vehicle will be necessary to confirm whether there is available coverage. A case of this nature requires sensitive and caring attention. The team at Peter Thompson and Associates, unfortunately, has vast experience dealing with wrongful death claims. 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.

For many years, Maine law has required anyone in a vehicle that is required to have seatbelts, to wear a setbelt. (29-A M.R.S.A §2081)There are also more specific safety restraint rules for children.

A study done of crashes which occured in 1996 in Maine concluded that " . . . unbelted occupants were 2.8 times more likely to be hospitalized or die with a head injury than those belted." (As reported by the Maine Bureau of Highway Safety). However, the statute specifically states that failing to use your seatbelt is not admissible evidence in any civil or criminal trial. Therefore, while it is clear that you should be belted when you are in a vehicle, the fact that you were not wearing your seatbelt during an accident is irrelevant. It cannot be used as eveidence, even if the other driver could prove you would not have been injured if you had your seatbelt on.

Some states do not have this rule. Therefore, some insurance adjusters may tell injured parties their claims are worth less because they didn't buckle up. If you or someone you know has been injured in an accident in while unbelted and has questions about the law, contact the team at Peter Thompson and Associates. We have handled thousands of similar claims and recovered millions of dollars for our clients. 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.

As reported in the Kennebec Journal on December 9, 2010

AUGUSTA -- A man was killed by a garbage truck early Wednesday morning on Sewall Street.

Augusta police Sgt. Mark Desjardin said Gary Astbury, 57, who lived on Sewall Street, died when he was struck by a Riverside Disposal truck. The call came in at 6:50 a.m., he said.

"We're still trying to investigate whether he was crossing or walking in the roadway," Desjardin said Wednesday.

Desjardin said the truck, driven by Timothy Toman, 56, of Augusta, was facing north on Sewall Street and backed over Astbury. Astbury -- who wound up underneath the truck, Desjardin said -- died at the scene.

Desjardin said there were not a lot of witnesses to the early-morning accident. "We're trying to figure out exactly what happened," he said. "We're trying to be as detailed and thorough as possible."

The accident occurred near St. Michael School. Wednesday morning police were at the scene reconstructing the accident. Sewall Street was closed off to traffic.

Desjardin said no charges have been filed in the accident.

Maine State Police commercial vehicle enforcement units were at the scene along with Augusta police.

Based on this report, it is evident that further investigation of this accident will be necessary to determine who was at fault for this accident. 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. It appears the truck was privately owned and operated, however, determining any connection to a municipality will be critical in order to avoid missing the 180 day Maine Tort Claims Act deadline for filing a notice of claim. 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 reported in the Bangor Daily News on December 5, 2010, (full article text here) the coming session of Maine's legislature is expected to take up discussion of Maine's law against operating under the influence.

Recently in Michigan what is known as a "superdrunk" law took effect. The law increases the penalties for first-time offenders driving while more than twice the legal limit (currently 0.08 in Maine), or at a blood alcohol content of 0.17 or more. According to the report,

"[i]n 2009 there were 8,203 OUI arrests in Maine, according to the secretary of state's office. That is nearly one arrest an hour every day all year. There were 1,496 arrests with drivers with over 0.19 percent blood alcohol content and 452 with over 0.25 percent blood alcohol content".

Some arguments supporting the change are that at those levels of intoxication, a person should have no doubt that they are over the legal limit. "Superdrunk" drivers may also be that much more likely to injure themselves or someone else.

However, some representatives have expressed doubt that increasing the penalties will result in the deterrent effect hoped for. They also are looking for evidence that "superdrunk" drivers in fact cause more harm than those who have blood alcohol content of between 0.08 and 0.16. An increase in the penalties will necessarily increase the cost to the pubic of enforcing the new rules and therefore the benefits must be carefully weighed.

If you have been injured by a drunk driver and have questions, contact the team at Peter Thompson and Associates. We have handled thousands of similar claims and recovered millions of dollars for our clients. 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.