Maine Injury Lawyer Blog

The Bureau of Labor Statistics released new preliminary data calculating the total number of work injuries in Maine and elsewhere in 2010. The Bureau estimates that nearly 4,550 employees were the victim of a fatal work accident in 2010. The Census of Fatal Occupational Injuries (CFOI) reported that there was a final count of 4,551 on-the-job fatalities recorded in 2009.

The number of fatal work-related injuries in the United States totaled about 3.5 deaths for every 100,000 full-time equivalent (FTE) workers. This is the exact same rate that 2009 produced. Final data for the 2010 year will be released in the Spring of 2012.

Our Portland injury attorneys understand that there are many unseen factors that go into the risks of a work accident, including the total number of hours worked and the status of the economy/unemployment rate. The number of hours worked was up in 2010 in comparison to both 2008 and 2009. Industries that are typically high-risk however, were fortunate enough to experience a decline in the number of fatal accidents. These industries also experienced a slow increase in the number of worked hours.

The primarily findings from the 2010 Bureau's Census of Fatal Occupational Injuries:

-Self-employed workers: Experienced a decline in the number of fatal work injuries by about 6 percent. Less than 1,000 workers died in this industry during the year.

-Private mining industry: Increased of almost 75 percent in the number of fatal work accidents from 2009 to 2010. Nearly 175 workers died in this industry throughout the year giving it a death rate of 19.9 per 100,000 FTEs.

-Private construction industry: Experienced a decrease of roughly 10 percent in 2010. The number of fatal construction-related work accidents has declined by 40 percent since 2006.

-Fatal Injuries caused by fires: These incidents have more than doubled from since the previous year. More than 100 fatal work injuries were caused by fires in 2010, which is the highest number recorded since 2003.

-Homicides: Decreased by nearly 10 percent 2010. This is the lowest number that the Bureau has ever recorded. In this category, homicide involving women increased by nearly 13 percent, however.

-Race: African-American and non-Hispanic workers experienced a 9 percent decline in 2010 in the number of fatal work injuries. Fatal work-related injuries experienced by white workers increase by about 2 percent. Hispanic or Latino workers experienced a decrease of about 4 percent.

-Police officers: Experienced an increase of about 40 percent, more than 130 law enforcement officers died in 2010.

Employers have a responsibility to keep workers safe. Federal regulations are in place to ensure than these individuals are taking all of the proper precautions to help keep employees safe. Failure to comply with federal recommendations can result in legal consequences, fines, violations, lawsuit or potential shut down.

Continue reading "Preliminary Results Reveal Dangers of Fatal Work Accidents in Maine, Nation" »

Our Maine personal injury attorneys would like to wish you a happy and safe Fourth of July holiday weekend. We would also like to ask you to be extra cautious, no matter what your plans are, as many residents are exposed to an increased risk for accidents and injuries.

Residents and visitors are more likely to experience an injury in Maine during this holiday weekend, whether you're celebrating on the water, at the pool or lighting off fireworks. With the proper safety precautions, residents can help to keep themselves and their loved ones safe and injury-free this Independence Day weekend.

Celebrating the weekend on the water? Be sure you follow these safety tips, provided by Discover Boating, to help keep you and other boaters safe:

-Check the weather reports before venturing out. If you're out on a boat and you see bad weather approaching, play it safe and get to land. It is encouraged that you get off the water if you notice darkening clouds, volatile and rough changing winds or sudden drops in temperature.

-Be sure to operate at a safe speed all the time, especially in crowded areas.

-Stay away from large vessels that can be restricted in their ability to stop or turn.

-Be respectful of buoys and other navigational aids. These signals have been placed there to help ensure your boating safety.

-Make sure more than one person on board knows every aspect of your boat's handling, operations and other boating safety tips.

-Make sure that everyone on board has a life jacket. A majority of drowning victims were the result of boating accidents in which passengers were found to not be wearing a life jacket.

-Never boat and drive. You're twice as likely to be involved in a boating accident when alcohol is involved.

-Get a free vessel safety check. The US Coast Guard offers free boat examinations to verify the presence and condition of certain safety equipment required by state and federal regulations.

What's the Fourth of July without fireworks? Using fireworks is as traditional as Independence Day parades and barbecues. According to the National Council on Firework Safety, there were approximately 5,900 fireworks-related injuries during the Fourth of July season in 2009. Dr. John Steinberg, a member of the Board of Directors of the National Council on Firework Safety, suggests that everyone uses a little common sense to reduce the risks of injury this year.

The Council offers these tips to help keep residents safe this Fourth of July:

-Always supervise teens when they are using fireworks.

-Do not allow children to handle fireworks.

-Only use fireworks outdoors.

-Always have water ready. You should keep a bucket of water or a hose nearby.

-Do not drink alcohol and light off fireworks. Always have a designated lighter.

-Make sure you're wearing safety glasses whenever lighting off fireworks.

-Do not attempt to relight a dud firework. Instead, let it sit for 20 minutes and then soak it in water.

-Do not combine or alter fireworks in any way. Only use them as instructed.

As summer provides perfect weather for outdoor celebrations, many residents will be relaxing poolside and barbecuing with family and friends, but with the pool comes great risks for injuries -- and death.

According to the Centers for Disease Control and Prevention, approximately 10 people die every day from unintentional drowning. Two of these deaths that occur every day occur to children that are under the age of 15. As a matter of fact, drowning is the sixth leading cause of unintentional injury death for people of all ages. It is the second leading cause of death for children ages 14 and younger.

There were nearly 3,500 fatal unintentional drownings in 2007 alone. These were non-boating related drownings. More than half of the drowning victims were taken to and treated in emergency rooms and eventually were transferred to higher levels or care of hospitalized. Many times, injuries from nonfatal drownings can be sever and life altering. A victim can suffer brain damage that may result in long-term disabilities. These disabilities can include memory problems, learning disabilities, and permanent loss of basic functioning.

The CDC offers these safety tips to help ensure everyone's safety this holiday weekend at the pool:

-Supervise children around water at all times.

-Always use the buddy system. Never swim, or let anyone swim, alone.

-Do not use air-filled or foam toys in place of life jackets. These toys are not designed to keep swimmers safe.

-Avoid drinking alcohol before or during swimming.

-Learn cardiopulmonary resuscitation (CPR). In the time it might take for paramedics to arrive, your CPR skills could help to save someone's life.

Again, have a safe and fun Independence Day and remember to practice all safety tips, regardless of your weekend plans.

Continue reading "Our Maine Injury Attorneys Ask You to be Cautious This Independence Day" »

June is National Safety Month in Maine and throughout the country. In order to raise awareness, the National Safety Council is urging communities and businesses to practice safe behaviors at work and home to reduce the number of preventable injuries and car accidents in Maine and elsewhere.

Our Bangor accident attorneys know that safety is important, but it is often someone else's irresponsible behaviors that can cause serious injury, so be prepared to take action if you are the victim of negligence.

The NSC has dedicated each week of the month to different safety topics. The first week, June 1-4, is dedicated to summertime safety. Numerous Safety & Health Fact Sheets are provided with a concentration on distracted driving, teen driving, workplace safety and home safety.

The focal point of week two, June 5-11, is preventing overexertion. Injuries in the lower back, sprains and strains, are the most prominent example of overexertion injuries. Overexertion is the third-leading cause of preventable injuries that are treated in a hospital emergency room.

June 12-18 is dedicated to teen driving safety. Creating awareness is critical in keeping roadways safe since 5,500 people are killed yearly in accidents with a teen driver involved.

The fourth week, June 19-25 focuses on preventing slips and fall accidents. Falls are a common cause for a trip to the emergency room, especially in older adults (55 and up).

The final week, June 26-30, places attention on driving and cell phone use. It is estimated that 23 percent of car accidents are caused by drivers distracted by cell phones.

A national observance of unintentional injuries and deaths is needed because the number of accidents is escalating to undesirable levels. In 2009, there were more than 128,000 unintentional deaths - a 47 percent increase since 1992. In comparison, the 1992 total (86,777) matched the lowest estimated total since 1924; the 2009 total was the highest estimated total ever recorded.

Each year, families throughout the country spend roughly $5,900 on medical expenses for unintentional injuries and trips to the hospital. These injuries cost Americans and their employers almost $700 billion a year.

As part of overexertion recognition week, the NSC offers the following safety and health tips:

-Keep your home and work environment clutter-free. Store things in a closet or cabinet.

-Refrain from using rolling chairs as a ladder to reach things.

-Stack heavy items near the bottom to avoid them falling on you or straining your back to lift them.

-Make routine visits to the eye doctor to check your vision. Make sure prescription eyeglasses are used when needed.

-Make sure outlets are not overloaded with cords to reduce the risk of a fire hazard.
Visit the website for more safety tips that can be used at work.

Maine residents can reduce the risk of unintentional injuries by being safe drivers, maintaining a safe home and work environment and using a little common sense when it comes to proper safety procedures.

Continue reading "National Safety Month in June Aims to Reduce Unintentional Injuries in Bangor" »

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 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.

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.

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.

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.

What happens if someone else's negligence behind the wheel causes you injury and they don't have enough insurance? In Maine, every auto insurance policy is required to have several components. In a previous post, we discussed uninsured motorist (UM) coverage, or the coverage that exists when the other party is not insured. The partner component of UM coverage is underinsured motorist (UIM) coverage. Like with UM coverage, every auto insurance policy in Maine must have a minimum of $50,000 per person and $100,000 per accident of UIM coverage (See Maine Revised Statutes Annotated Chapter 29-A Section 1605 (1)(C)(2) & (3) and Maine Revised Statutes Annotated Chapter 24-A Section 2902). This means, if you have insurance, you automatically have this coverage as part of your policy.

UIM coverage is used when someone causes you injury and their insurance policy is not sufficient to cover your damages. For example, although Maine requires $50,000 minimum of insurance, Massachusetts only requires $20,000 minimum. With the rising costs of medical expenses, even a moderate injury can easily use up this amount. This must also cover any lost wages, pain and suffering, attorney's fees, and all other damages you may have. (The only exception is your vehicle damage, which is usually covered separately.)

So, if you are injured by someone who has $20,000 of insurance and you have $50,000, then there is a total of $70,000 of coverage right? Unfortunately, no. In Maine, your UIM carrier receives a credit for the amount paid by the insurance company for the at fault driver. Therefore, in this example there is only a total of $50,000 of coverage. $20,000 paid by the at fault driver and $30,000 paid by your UIM carrier. Therefore, if you only have the minimum required insurance coverage of $50,000 of UIM, and someone else with the minimum causes you an injury, there is no additional coverage for your injuries.

Just like with UM coverage, that limit is further split, depending on how many people are injured in the accident. For example, if a family of three are traveling in the same car and all three are injured, the maximum amount available for the whole accident is capped at $100,000. No one person can recover more than $50,000 and the total amount the insurance company will have to pay will not exceed $100,000. Again, if all three have even moderate injuries, there will likely not be enough money to properly compensate everyone.

It is always a good idea to purchase as much insurance as you can afford. The minimum requirement of $50,000 may not be enough if you are seriously injured by an underinsured driver.

In cases with very high damages, there may be additional coverage if you are listed on more than one UIM insurance policy. This circumstance requires a complex analysis of the policies involved and presenting the claim properly to the insurance companies.

If you have been injured by an underinsured motorist and have questions about how to be compensated through your underinsured motorist coverage, contact us at 1-800-917-1784 or read more on our website, www.Peter-Thompson-Associates.com, on our car accident practice page.

What happens if someone else's negligence behind the wheel causes you injury and they don't have insurance? In Maine, every auto insurance policy is required to have several components. One of those components is uninsured motorist coverage (UM). Every auto insurance policy must have a minimum of $50,000 per person and $100,000 per accident of UM coverage. (See Maine Revised Statutes Annotated Chapter 29-A Section 1605 (1)(C)(2) & (3) and Maine Revised Statutes Annotated Chapter 24-A Section 2902). This means, if you have insurance, you automatically have this coverage as part of your policy.

UM coverage is used when someone with no insurance at all causes you injury. In that case, you can use up to the amount of your policy. Therefore, if you have only purchased the state minimum of insurance, the maximum amount available to you from an accident will be $50,000. This is true even if the accident was not your fault. With the rising costs of medical expenses, even a moderate injury can easily use up this amount. This must also cover any lost wages, pain and suffering, attorney's fees, and all other damages you may have. (The only exception is your vehicle damage, which is usually covered separately.)

Note that the limit is further split, depending on how many people are injured in the accident. For example, if a family of three are traveling in the same car and all three are injured, the maximum amount available for the whole accident is capped at $100,000. No one person can recover more than $50,000 and the total amount the insurance company will have to pay will not exceed $100,000. Again, if all three have even moderate injuries, there will likely not be enough money to properly compensate everyone.

It is always a good idea to purchase as much insurance as you can afford. The minimum requirement of $50,000 may not be enough if you are seriously injured by an uninsured driver.

If you have been injured by an uninsured motorist and have questions about how to be compensated through your uninsured motorist coverage, 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 by Bangor Daily News on September 14, 2010 and September 15, 2010

DEDHAM, Maine -- A family of three from Jonesport was killed and an Orono man was injured Tuesday in a two-vehicle crash on U.S. Route 1A.

Killed in the accident were Carlos A. Tapia, 34, his wife, Rachelle R. Tapia, 23, and Rachelle Tapia's 4-year-old daughter, Mackenzie Gray, who was Carlos Tapia's stepdaughter.

The three people who died were members of a U.S. Coast Guard family based in Jonesport, where Carlos Tapia was stationed, Senior Chief Petty Officer Chris Purdy confirmed late Tuesday night.

"It's all hands with my crew here," Purdy said, adding that a counseling session will be held this morning with personnel from Sector Portland and that a Coast Guard chaplain will be on hand for those in need of assistance. Purdy said that a Coast Guard critical incident stress management team also might be mobilized.

The three, who were traveling in a green 2008 Chevrolet Cobalt, died at the accident scene, Deputy Chris Thornton of the Hancock County Sheriff's Department said Tuesday evening.

The driver of the other vehicle, Stephen S. Glickman, 43, of Orono suffered injuries believed to include a broken ankle and other leg injuries, Thornton said.

Glickman was taken to Eastern Maine Medical Center in Bangor, where he was listed in fair condition late Tuesday night, a nursing supervisor confirmed.

The accident happened about 4 p.m., a little more than a mile past the Lucerne Inn, when Carlos Tapia, who was driving south, failed to negotiate a slight curve in the roadway, crossed over the centerline and into the path of Glickman's blue 2002 Ford pickup.

The cause and contributing factors of the accident remain under investigation, according to a news release issued late Tuesday night by the Hancock County Sheriff's Department.

All of the people involved in the accident were wearing seat belts.

Thornton, who is leading the investigation, was assisted at the scene by Chief Deputy Richard Bishop, Deputy Christopher Sargent, Lt. Patrick Kane and Lt. Timothy Cote, all of the Hancock County Sheriff's Department, as well as state police Sgt. Alden Bustard.

Also assisting were members of the Dedham and Ellsworth fire departments and Capital Ambulance.

Thornton said the accident was being reconstructed by Kane and state police Trooper Jessica Shorey.

During the investigation, traffic was diverted from the accident scene to Lily Road.

In all cases where there is a fatality, the Maine State Police will conduct an accident reconstruction to determine who they believe was at fault for the accident. In many of these cases, the insurance companies involved will also conduct reconstructions. The evidence gathered will be critical in determining who is entitled to compensation as a result of the accident. It may be necessary to conduct a more detailed investigation than that done by the police and the insurance companies to determine the exact order of events in this case. It is important that witnesses are contacted to discuss their recollection of the events as soon as possible, so that details are not forgotten. Additionally, regardless of fault, this case will also, sadly, involve complicated estate and probate issues. 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.