Maine Injury Lawyer Blog

Bad winter weather can be both worrisome and dangerous for motor vehicle travel. Many Maine drivers are old pros at winter driving. However, overconfidence, in and of itself, can lead to an accident. Reviewing safe driving tips often, is a great way to help reduce your family's risk of a car accident this winter. Our injury lawyers in Bangor and Portland urge you to make safe driving a regular topic of conversation with family members, particularly young drivers and our senior citizens, who are most at risk on the road.

The North Country Now reported on a young driver who did not know how to handle his vehicle on a slippery road. His inexperience caused his vehicle to slide into a Potsdam Police vehicle, there were no injuries. The young driver was charged with failure to keep right and speed not reasonable and prudent.

Maine's Department of Transportation wants to remind all of us to be a 'Road Model' when driving on snowy and icy roads. The department urges drivers to be cautious around winter maintenance vehicles. Remember to never pass a snow plow; the road surface ahead of it will be in worse condition then what you are driving on. Give snow plows plenty of room, they often need to stop and change lanes. On-coming plows are usually plowing the centerline, so you will need to move to the right to give them room.

Let's try to prevent a motor vehicle break down by following these Safercar winter driving safety tips:

-It is always a good idea to have your vehicle checked over by your mechanic before the winter season begins.

-The condition of your battery is very important because your battery power drops in cold temperatures. Make sure your voltage is sufficient because it takes more power to start your vehicle in colder weather.

-It is important to know that coolant freezes which would totally destroy your engine block. Have your mechanic check your coolant mixture to make sure that doesn't happen.

-We all know how dirty our windows get in the winter. Keep your windshield washer reservoir filled at all times. It is a good idea to keep extra 'no freeze' fluid in your vehicle. Replace worn out or torn windshield wipers blades. Heavy duty blades will last longer in areas that get a lot of snow and ice.

-Have your snow tires installed in plenty of time, if you use them. If not, make sure your existing tires are properly inflated and have adequate tread depth. Good traction is vital when traveling on snow covered roads.

-You should know how your vehicle handles in winter weather; however, if your vehicle is new to you, practice before the big storm hits. If you get a few inches of snow go to a vacant parking lot and see how your vehicle handles. Know what kind of brakes you have, you apply steady pressure for anti-lock brakes and you gently pump others.

-If you must travel in bad winter weather check the weather forecast, traffic and road conditions. Give yourself plenty of time to get where you are going, and tell someone your route of travel and your estimated time of arrival. Try not to let your gas tank drop below half full. Keeping a full tank of fuel is extremely important if you should get stranded.

-Keep the following safety items in your vehicle during the winter months: blankets, extra clothes, snacks, charged cell phone, kitty litter (to help with traction), ice scraper, shovel, jumper cables, flashlight, and emergency warning signals.

When the forecast is calling for more snow this winter, be prepared if you find yourself driving on snow covered roads. The dangers of winter driving can be unpredictable so being prepared puts you ahead of the game.

Continue reading "Maine car accidents frequently caused by bad weather" »

Last September, Senator Bill Diamond, announced that Maine would attempt to join 30 other states by passing a bill to ban texting while driving in Maine. Currently, Maine's distracted driving law for texting is a secondary offense, meaning there needs to be another violation of the law for a police officer to pull a vehicle over.

Distracted driving and cell phone use is a primary cause of Maine automobile accidents. Our Maine injury lawyers handle many cases in which distraction was a key factor in causing the accident.

Tragically, such accidents are not in short supply.Seacoastonline reports that a teen was killed on Interstate 295, sustaining fatal injuries after crashing her vehicle. It is believed that texting was one reason for the accident. Coincidentally, the accident was within 5 miles of an April 2008 Interstate 295 crash that also killed a young female that had dropped her phone while driving, which reportedly caused her to cross over the median into oncoming traffic.

Though cell phone use and texting are the most common kinds of distracted driving, Distraction.Gov breaks it down into three main categories.

The first, visual, takes your eyes away from the road.

Manual, the second, occurs when you take your hands off the wheel.

The last category is cognitive in which your mind wanders away from the road onto something else. Other distractions, in addition to cell phones, are things like, eating, reading maps, fixing your hair or make-up, GPS systems, or changing the radio station.

Numerous studies have made the consequences of distracted driving quite clear:

-Drivers using PDA's or cell phones are 4 times more likely to be seriously injured in a crash.

-16% of all drivers under age 20 involved in fatal crashes reported being distracted while driving.

-448,000 people were injured, and 5,474 were killed in crashes that involved a distracted driver.

-In terms of a driver's reaction time, cell phone users' slowed reactions are equivalent to someone driving under the influence with a blood alcohol concentration of .08.

-20% of injury-related crashes involved distracted driving.

-995 crashes involved cell phones as the primary distraction.

Maine's cell phone and texting laws are somewhat loose compared to other states. As of January 2011, the Governors Highway Safety Association reports that it is against the law to drive distracted in Maine. However, Maine only bans cell phone and text messaging for drivers 17 and under as a primary offense. For all other drivers it is considered a secondary offense in which another law has to be violated in order to ticket.

Texting is one of the most dangerous kinds of distracted driving because it involves all three categories mentioned previously. Texting while driving takes your mind off of driving, your hands off the steering wheel, and your eyes off the road all at the same time.

Maine drivers are urged to make a New Year's resolution for 2011: Don't text or talk while driving. Set the standard to be safer drivers this year in hopes of making the roadways safer for you and your loved one. Abstinence from distraction could just save a life in 2011.

Continue reading "Distracted driving a leading cause of Maine car accidents" »

The National Highway Traffic Safety Administration has announced new rules aimed at reducing the risk of serious or fatal injury as a result of rollover car accidents in Maine and elsewhere.

Our Portland personal injury lawyers understand the high risk of serious or fatal injury that typically results from rollover accidents. The risks of rollover accidents are a significant safety issues for all classes of vehicle. However, occupants of pickups, SUVs and vans face increased risk.

The U.S. Department of Transportation reports there are more than 225,000 rollover crashes each year, resulting in about one-third of all passenger vehicle fatalities. About 9,000 motorists are killed and more than 200,000 are injured each year.

"Safety is our highest priority," said U.S. Transportation Secretary Ray LaHood. "This new standard will help save lives and reduce injuries by requiring vehicles to have a safety system that keeps occupants in the vehicle in a rollover crash."

The new rules will require vehicle manufacturers to develop countermeasures for passenger vehicles that prevent an unbelted adult from moving more than four inches past the side window in the event of a crash. The new standards will be begin being phased into new vehicles in 2013 and must be standard in all new models by 2018.

"Rollover crashes are the deadliest of all crash types and this is another important step in our efforts to reduce fatalities and serious injuries that result from them," said Administrator David Strickland, National Highway Traffic Safety Administration. "When fully implemented, we believe this standard will prevent on average 373 fatalities and 476 serious injuries every year."

Continue reading "New rules aim to reduce risk of rollover car accidents in Maine, elsewhere" »

A teenager from Carrabassett Valley Academy has died in a Maine skiing accident at Sugarloaf ski resort, the Boston Globe reported.

As our Portland accident attorneys reported recently on our Maine Injury Lawyer Blog, the resort was the site of a chairlift malfunction that injured numerous guests late last month.

In this case, Channel 8 News reports the school was quick to announce the high-school junior was skiing on his own time and was not participating in a school activity at the time of the crash. Police say he died after skiing into an object on Black Diamond Trail.

The National Ski Areas Association reports an average of 38 people are killed each year in skiing and snowboarding accidents. Countless others are injured. It is incumbent upon business owners to provide a safe and secure environment for customers and invited guests. Faulty equipment, poor maintenance, hazardous conditions or lack of safety or emergency personnel could all result in liability on the part of a resort.

Schools also have an obligation to provide for the safety of students, whether on school property or at a school sanctioned field trip or event. Examples of school-related accidents that can lead to a personal injury or wrongful death claim include premise liability claims, school bus accidents, sporting accidents, negligent security and assault or abuse.

Continue reading "Skiing Accidents, School Injuries, can lead to Portland Premise Liability Claim" »

As reported in the Sun Journal on January 5, 2011

LISBON -- A local driver was seriously injured when his car was hit head-on on Route 196 in Lisbon Center shortly after 5 p.m. Tuesday, police said.

Lisbon police Sgt. Scott Stewart identified the drivers as John Tobin, 62, Diane Smith, 46, and Adam Gamage, 31, all of Lisbon.

Tobin was listed in serious condition at Central Maine Medical Center late Tuesday, a nursing supervisor said.

Gamage and Smith were apparently not admitted to hospitals, he said. Neither CMMC nor St. Mary's Regional Medical Center had their names on their patient rosters, spokesmen said.

Stewart said Gamage was driving east near Lisbon Family Practice when his pickup crossed the highway and struck Tobin's westbound Toyota sedan. The truck went airborne and landed on the hood and windshield of Smith's Ford Taurus, which was behind Tobin's car. The truck landed upside down.

Tobin was dangling upside down when Fire Department personnel extricated him, Stewart said. He said family members told him Tobin suffered a shattered ankle, broken collarbone, dislocated elbow and a knee injury.

Two ambulances from United and one from Lisbon Emergency were called to the scene.

Gamage's 1999 Chevrolet pickup and Tobin's 2003 Toyota sedan were totaled; Smith's 2001 Taurus had an estimated $3,000 damage.

An empty school bus that had pulled to the side of the highway due to the accident had minor damage when Smith's car rolled down the hill after she got out of it, Stewart said.

The accident was still under investigation late Tuesday night.

Based on the description of events in this report, it is clear that Mr. Gamage is at fault for this accident. In addition to a claim against his policy, Mr. Tobin may be able to recover additional funds from his underinsured motorist coverage. This will depend on the limits of each insurance policy as well as the amount of his total medical expenses, lost wages, length of recovery and future prognosis. Often with orthopaedic injuries such as a shattered ankle, the issue of future medical damages must be explored. There is almost always at least a prognosis of future arthritis. Our team includes medical experts who can analyze the current injury and provide a report to the insurance company on the future outlook, in order to ensure the client is fully compensated for his or her damages. 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.