Recently in Pedestrian Accidents Category

November 24, 2009

Pedestrian seriously injured while crossing Boonsboro Road

A pedestrian was hit by a vehicle while crossing Boonsboro Road near the James River Day School on Monday night. No other information has been released about this incident.

Our firm, Peter Thompson & Associates, successfully tried a case similar to this involving a driver who claimed he was unable to avoid the collision. The critical issue in that case was whether the driver was paying sufficient attention immediately before the collision. Our expert constructed a time and distance model showing that a driver paying attention to the road would have seen our client if he was paying proper attention.

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October 28, 2009

Augusta man seriously injured when hit in crosswalk in Augusta

October 19, 2009: Andrew Jones, 19, was crossing to the west side of Bangor Street in a crosswalk, when he was struck by a sedan-style vehicle driven by Wendy Peace, 41, of Fairfield. This accident is being investigated by Peter Thompson & Associates. If you have information about this accident, please contact Attorney Peter Thompson at 1-800-804-2004.

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October 10, 2009

Hit and run accident in Lincolnville leads to arrest

Tiffeny L. Green, 35, of Martin Corner Road was arrested at the Waldo County Sheriff's Department on Tuesday night. Green was charged with leaving the scene of a personal-injury accident, among other things. Waldo County Chief Deputy Robert Keating said Green admitted to Deputy James Greeley that she knew she struck something with her vehicle but thought it was a mailbox.

Andrew Widdecomb, 17, of Lincolnville was hit by Green's vehicle as he walked along Heal Road with his girlfriend at 6:25 p.m. Monday. Widdecomb was taken by ambulance to Penobscot Bay Medical Center in Rockport. A passenger-side mirror broke away from Green's vehicle when it struck Widdecomb.

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August 6, 2009

Update on boy injured while trying to jump off Salmon Falls Bridge

Jack Vincent, a 12-year-old Scarborough boy who was hit by a pickup truck last week is reportedly improving, although it is still unknown what permanent limitations he will have from his injuries.

York County Sheriff Maurice Ouellette acknowledged that the bridge is too narrow to accommodate cars and pedestrians at the same time. The driver is claiming that he didn't have enough time to react before hitting Vincent.

In our opinion, an investigation into this matter should carefully consider the truck driver's speed and knowledge of the children's use of the bridge, and should analyze whether law enforcement officials should have done more to prevent this accident from occurring. In our opinion, there should also be additional investigation whether the State failed to do enough to accommodate the use of the bridge by pedestrians and children.

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August 5, 2009

Update on accident that killed camp counselor walking on roadside

The Kennebec Couty Sheriff's Department reported that the results of the blood test conducted on Joseph Rouleau, 35, of Fayette, following the crash that claimed the life of 21-year-old Corrie Lazar showed Rouleau had a blood-alcohol content of 0.23, almost three times the legal limit. Charges will likely be filed against Mr. Rouleau.

In this type of situation, it is highly likely that it will be established that Mr. Rouleau's level of intoxication prevented him from seeing Lazar in the road or, if he did see her, impaired his reaction time to the point where he was not able to avoid an otherwise avoidable collision with the pedestrian.

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July 30, 2009

Camp Counselor From Washington State Dies When Struck By Vehicle

Police reported that Corrie Lazar, 21, was struck by a vehicle while walking along Route 41 in Mount Vernon. Ms. Lazar was a camp counselor and was with two other counselors at the time of the incident. She had come to Maine from Washington State to be a camp counselor. Ms. Lazar was pronounced dead at the scene.

Mia Jessup, one of the other counselors walking with Ms. Lazar, was also struck and was hospitalized. The third counselor, Lloyd Olsen, was reportedly not hurt.

Police reported that Joseph Rouleau, the driver, may have been under the influence of alcohol and that alcohol may have been a factor in the crash.

Our firm, Peter Thompson & Associates, successfully tried a case similar to this involving a drunk driver who, due to his intoxication, was unable to avoid an otherwise avoidable accident. We used experts to establish how much the drunk driver's lntoxication delayed his reaction time and from there constructed a time and distance model showing that, if he had a normal, sober reaction time, he could have easily avoided the accident once he saw the pedestrian in the roadway, even though it was dark and the pedestrian, in this particular case, was wearing dark clothing. It is unclear from news accounts whether Ms. Lazar or Ms. Jessup were wearing light or dark clothing.

There is a brief account of the accident at the Portland Press Herald, http://pressherald.mainetoday.com/story.php?id=273798&ac=PHnws&pg=3.

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July 29, 2009

Child hit by truck at Salmon Falls Bridge

A 12-year-old boy was hospitalized in serious condition when a pickup truck hit him on the Salmon Falls Bridge. The boy, according to news accounts, was getting ready to jump off the bridge. The bridge is very well known in the area as a place where children come in the summer for the excitement of leaping from a height of over 20 feet into the water. The town has issued citations, but has not created any type of obstruction to prevent children from jumping from the bridge.

An investigation into this matter will likely occur to determine whether the driver of the truck was exercising adequate caution. One issue that will need to be addressed is whether the driver knew the area was frequented by children and, if so, whether he was exercising extra caution. Maine law requires that if a driver is aware that children are playing in an area near a road he exercise reasonable caution by, among other things, reducing his speed and/or keeping a vigilant lookout for children. This situation is similar to drivers seeing children riding bicycles along a road. Under these circumstances, reasonable care would require the driver to proceed at reduced speeds that would permit the driver to avoid a collision if the child were to accidentally swerve out into the road.

Another issue that will likely be investigated is whether the State did enough to prevent children from being injured by what was clearly known to be a potentially dangerous attraction. Maine law requires owners of property to exercise reasonable care to prevent harm to children by having something on the property that would attract the children and cause potentially serious injuries. Although this particular bridge was used for generations as a popular place to jump, it would need to be determined whether modifications to the bridge design could have enabled this past-time to occur while, at the same time, reducing the possibility of children being hit by oncoming vehicles.

The bridge has signs posted on it indicating that jumping is prohibited. However, officers have stopped issuing summonses because the York County District Attorney's Office decided not to prosecute the young jumpers for criminal trespassing, according to news accounts. As a result, children have congregated on the bridge in increasingly frequent numbers, something that is well-known to drivers in the area.

A 2006 article in the Portland Press Herald indicated that local and county authorities were aware that there had been an increase in the number of children congregating on the bridge and were often running across the bridge in order to jump out further. The article referred to this as a "dangerous mix". Here again, any investigation into the matter will likely seek to determine whether more should have been done to prevent this dangerous mix from causing injury to children and whether the driver of the truck that hit the 12-year-old had knowledge of what was occurring when he entered the bridge that day. It is interesting to note that the Press Herald article from 2006 specifically quoted one official as having stated, "One of these days, somebody is going to get hurt really badly."

A few years ago, officials from the towns and the Maine Department of Transportation met to discuss possible ways to prevent unnecessary injuries to the children. The options discussed included installing a pedestrian path on the side of the bridge and erecting a fence high enough to discourage jumping. However, nothing was done. Unfortunately, it may take an incident like this to finally get something done to prevent future injuries to children.

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July 28, 2009

Biddleford, Maine Man Killed in Pedestrian Accident With Driver Cited for OUI

A man was killed in a pedestrian accident involving alcohol, the Portland Press-Herald reported July 27. James Bellefeulle, 50, was walking down Main Street in Saco at around 6:30 in the morning. He was struck and killed by an SUV driven by Michael Woods, 23, of South Portland. Woods was not injured, but he was arrested on suspicion of operating a vehicle under the influence. He is being held in York County Jail on $100,000 bail.

The police investigation into this matter has not yet determined who was at fault. If it is determined that the driver was, in fact, intoxicated, it will be necessary to determine whether and to what extent the intoxication delayed the driver's reaction time and ability to avoid hitting the pedestrian. The pedestrian, according to the news report accounts, was properly walking facing the direction of traffic, something that the law requires. Our Portland car accident law firm has handled several similar cases and successfully tried a case to a jury involving a drunk driver by establishing that the driver's impairment prevented him from reacting quickly enough to avoid an otherwise avoidable collision. In that case, we used expert witnesses to establish how alcohol impairs reaction time as compared to a sober driver, pointing out that even a few drinks can impair a driver's reaction time signficantly.

Pedestrian accidents are some of the deadliest accidents on our roads. Even more than other travelers, pedestrians are completely unprotected, without seatbelts, helmets or a steel frame to protect them. In a crash between a pedestrian and a vehicle, the pedestrian is almost always killed or seriously hurt. Recognizing this, Maine law gives drivers a special responsibility to take care when pedestrians are nearby -- especially children and the blind. Pedestrians must still avoid running into traffic or other unsafe practices, but Maine drivers are asked to "exercise due care" to avoid a pedestrian accident under any circumstances. If they do not, they could be liable in any Maine car accident lawsuit victims and their families may choose to file.

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