Maine Injury Lawyer Blog

November 12, 2009: A four-car accident on Route 1 Thursday afternoon resulted in multiple injuries and heavy damage to the vehicles involved. A 2008 Volvo station wagon driven by James W. Stott II, 55, of Cape Neddick, was traveling northbound on Route 1 when he struck a southbound 2008 Dodge Durango driven by 38-year-old Erin Latulippe of Ogunquit, who had two young children. Police said the force of the impact sent the Durango careening into a 2007 Kia Sedona van driven by Kelly M. Moulton, 42, of Cape Neddick, who had a 6-year-old child in her vehicle. Following that collision, the Volvo collided with a 2000 Dodge Ram pickup truck driven by Bryan J. Learned, 24, of Wells, which also rolled over.

The cause of this accident is under investigation. As personal injury specialists, Peter Thompson & Associates has investigated hundreds of multi-car accidents. In almost all cases, the primary and secondary causes of collisions are disputed, resulting in the need for a comprehensive accident reconstruction. While police will often conduct an accident reconstruction, we find it frequently necessary to conduct more detailed investigations of accident scenes to determine who, among the various vehicles involved, was at fault. Because important evidence that will be necessary to provide the most accurate investigation is often lost as time passes, it is critical that a comprehensive accident reconstruction occur as soon as possible and that all witnesses to the accident are interviewed to preserve their recollections.

Timothy Benner, 42, of Rockland was driving his 1998 Mercedes Benz west on Route 1 when his vehicle collided with a 1995 Chevrolet pickup truck driven by David Cowan, 55, of Rockland.

Both drivers and a passenger in Benner's car, Donna Cox, 32, of Rockland, were injured in the collision. The cause of the accident is being investigated. Anyone with additional information about the accident should contact Attorney Peter Thompson at 1-800-804-2004.

Diana Dowse, 59, of Brooklin was headed south on Route 175 about a mile south of the High Street intersection at about 4:25 p.m. when her vehicle collided head-on with a pickup truck operated by Timothy Sawyer, 42, of Brooklin.

Dowse was taken by ambulance to Maine Coast Memorial Hospital in Ellsworth.
Sawyer and three passengers in his vehicle, Caleb, Timothy and Ethan Sawyer were taken to Blue Hill Memorial Hospital for treatment.

The cause of the accident is under investigation. Anyone with additional information about this accident should contact Peter Thompson & Associates, 1-800-804-2004.

Wednesday, September 16, 2009: A two-car, head-on collision occurred on Route 1 in Freeport near the Exit 24 ramp that provides access to Interstate 295. Police said the cars were traveling in opposite directions at the time of the accident, which took place around 3:45 p.m.

Police said one of the drivers was treated at the scene and released, but the second driver had to be transported by ambulance to Maine Medical Center in Portland with injuries that are not considered life threatening.

The cause of the accident has not yet been released. Anyone with information about this accident should contact Attorney Peter Thompson at 1-800-804-2004.

Christopher Breingan of Norridgewock was seriously injured Wednesday in an early morning collision with a tractor-trailer, the Morning Sentinel reported on September 10th. Mr. Breingan, 25, suffered head and hip injuries after being pinned inside his 1987 Chevrolet pickup truck.

The accident happened at around 3:30 a.m. at the intersection of Main Street, Perkins Street and Bridge Street, on U.S. Route 2. A Kenworth tractor-trailer owned by Tremblay & Levesque Inc., driven by William Spencer, 67, of Howland, slammed into Mr. Breingan's pickup truck on the driver's side as the truck was proceeding through the intersection toward Perkins Street. Breingan was trapped inside the truck, and was rescued by members of the Norridgewock Fire Department using hydraulic cutting tools.

The pickup truck was totaled and tractor-trailer had approximately $10,000 in damage, according to police. Breingan was taken by helicopter to Central Maine Medical Center in Lewiston. There is still no word on his condition.

The cause of the accident is still under investigation and it is as yet unclear who is at fault. As Portland and Bangor personal injury attorneys, we know that several factors can contribute to accidents like this one, including alcohol, road conditions and other vehicles. Our firm has investigated similar incidents in the past and employs expert reconstructionists to determine the cause of accident and who ultimately was at fault.

Andrew St. Laurent was driving with Randall Black when Black's truck plunged off a one-lane bridge in Monmouth and into an Annabessacook Lake tributary, the Kennebec Journal reported on September 2nd.

The crash occurred around 3:30 p.m. when Black's Pat Jackson Inc. septic truck hit a flatbed truck being driven by 74 year-old Perry Malcolm. Black says he was unable to stop, and drove his truck to the right, through the guard rail and off the bridge to avoid a head-on collision. St. Laurent, whose son will marry Black's daughter in a few weeks, reached across the top of the cab to hold Black's head above water until rescuers could free both men.

St. Laurent was checked at the scene, but Black was rushed by ambulance to Central Maine Medical Center in Lewiston. He suffered no broken bones, but his kidneys may have been damaged when he was crushed between the truck and guard rail. He is scheduled for medical tests to see how badly he was hurt.

So far it is unclear who is at fault. Malcolm, who was driving the flatbed for Sandelin Precast Products and Foundations, claims he slowed before going on the bridge and claims that Black was speeding. But Black disputes this account, insisting he was driving well under the limit and it was Malcolm who was racing down the one lane bridge.

Although there were no other eyewitnesses, there are still several ways to determine who's at fault for this accident. As Portland and Bangor personal injury attorneys, Peter Thompson and Associates have handled scores of cases where the cause of the accident is initially unclear. We employ expert accident reconstructionists who study physical evidence at the scene, and we analyze witness statements, looking for inconsistencies, to determine the true cause of the accident. If Malcolm was indeed speeding, he or the company he works for could have to compensate Black for his medical bills, lost income, any permanent impairment as well as his pain and suffering.

One person is dead in Franklin County after a serious accident involving a tractor-trailer, a sedan and a pickup truck.

It happened on U.S. Route 2 Thursday afternoon. Route 2 is shut down from the Route 17 intersection in Dixfield to Morrison Hill Road in Carthage.

Investigators say a person in the sedan was dead at the scene. Four people in the pickup truck were taken to the hospital with serious injuries. The driver of the tractor-trailer was not injured.

Sheriff's deputies and rescue personnel were credited with saving the life of a young girl after they lifted her mother's wrecked van from atop her after a two-vehicle crash Sunday night.

Hannah Clifford, 9, of Brooks was taken to Eastern Maine Medical Center in Bangor with serious injuries after the van she was riding in with her mother and three siblings was hit broadside by a pickup truck that apparently ran a stop sign.

According to news reports, the accident occurred at 7:58 p.m. at the intersection of Route 139 and Bog Road. A pickup truck driven by John Pellitier, 21, of Unity was reported to have ran the Bog Road stop sign and struck the passenger side of a van driven by Andrea Clifford, 40, of Brooks.

The impact sent the van spinning into the woods. Hannah Clifford was ejected and the van rolled on top of her. Emergency personnel used brute strength to lift the van, enabling Clifford's mother to pull her to safety.

Andrea Clifford and her daughter Morgan, 13, both suffered lacerations in the crash and were taken by ambulance to Waldo County General Hospital in Belfast.

Pellitier's truck also rolled over and came to a stop across Route 139 on Brown Road. Pellitier, who also was ejected from his vehicle, suffered a deep cut on his back and was taken to WCGH for treatment.

His passenger Michael Brillard, 24, Thorndike also was taken to the Belfast hospital complaining of neck and back pain.

The accident is under investigation by law enforcement and the law firm of Peter Thompson & Associates.
We request that anyone with additional information about this crash contact Attorney Peter Thompson at 1-800-804-2004.

The parents of a man who suffered extensive injuries in a car crash are suing the bars that served him alcohol, the Kennebec Journal reported on August 22nd. On the night of January 31, 2008, Paul D. Hinerman went drinking with a friend at Mainely Brews & Tavern, the Midnight Blues Club and Cellar Door, and The Chez. According to reports, Waterville police Officer Matthew McNutt saw the pickup shortly after midnight as Hinerman raced past the station on Front Street. Moments later, the vehicle crashed at Front Street and College Avenue, rolled over and trapped Hinerman underneath.

As a result of his injuries, Hinerman, 30, who had been a high school varsity athlete, was forced to spend months in hospitals and rehabilitation centers. According to the lawsuit, he now "has the mental capacity of a child with nearly complete short-term memory loss, speech impairment and loss of mobility and function." He was discharged from the hospital in May 2008 with medical bills in excess of $400,000, according to the complaint.

The lawsuit charges the bars with recklessness in serving Hinerman, "given his visible and observable intoxication and in conscious disregard of the obvious and substantial risk that serving liquor would cause physical harm." Not surprisingly, the bars have responded that in fact their serving practices are responsible and it is unfair for them to be held liable for a customer's own recklessness.

Cases such as this one are complicated and require a thorough investigation into the events that led up to the accident. As Portland and Bangor attorneys with a statewide personal injury law practice and a reputation for aggressive prosecution of claims, we have represented dozens of drivers in similar situations. An investigation into this incident would need to determine how many drinks were served to Hinerman at each bar, and how intoxicated he appeared at the time. If he was indeed visibly intoxicated, one or more of the bars could be at fault and liable for significant damages.

Michael Lewis of Bass Harbor was killed in the crash that occurred near the Rumill Road intersection. Lewis was driving a pickup truck that crashed head-on with another pick-up truck. The other truck was operated by Dacota Dow, 19, of Bar Harbor. Authorities reported that the two vehicles collided in the center of the road.

Two passengers in Lewis' vehicle, Erin Hanley, a teenager from Tremont, and her brother Patrick, 10, were taken by ambulance to MDI Hospital in Bar Harbor with injuries that were not life-threatening.

Troopers from the Maine State Police remained on the scene into the evening investigating the accident.

As Bangor Personal Injury Lawyers, Peter Thompson & Associates, routinely investigates similar accidents where the cause of an accident is a central issue in the case. We employ expert accident reconstructionists who examine evidence at the scene, witness statements, and other evidence to determine how an accident happened and to assess fault. For example, we recently had a case where two vehicles collided near the middle of the road. As in this case, the drivers of the vehicles were both relatively young and inexperienced drivers. This information turned out to be critical in determining that our client was not at fault. We were also able to determine where in the road the collision occurred using marks left by the tires at the point of collision, as well as debris from the headlights. Despite evidence presented by the insurance companies' attorneys, we were able to prevail at a jury trial and recover our client compensation for his medical bills, lost income, injuries, permanent impairment, and pain and suffering.

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.

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.

A rescue vehicle collided head-on with a truck causing injuries to the operator of the truck and his passenger.

Newport Rescue had been dispatched to a restaurant on Route 2, Angler's Restaurant. As the vehicle approached the Ridge Road intersection, a vehicle reportedly slowed causing a truck behind it operated by Chistopher Hajek to swerve into the path of the rescue vehicle.

Hajek suffered leg injuries and was transported to Sebasticook Valley Hospital, then was moved to Eastern Maine Medical Center.

The matter is under investigation. Our firm has investigated similar accidents involving rescue vehicles. It will be necessary to determine whether the operator of the vehicle that was in front of Hajek's truck acted reasonably in responding to the approaching rescue vehicle. It will also be necessary to determine whether Hajek was operating his vehicle at a safe and proper distance from the vehicle in front of him and was traveling within the speed limit.

While rescue vehicles are permitted to enter intersections and override traditional rules of the road and traffic signals under certain limited circumstances, they must do so safely and must not place other drivers at risk of harm. The need to respond to an emergency in a timely way does not justify causing yet another emergency situation and harm to the public. Generally rescue operators receive training about how to properly enter intersections where other vehicles have the right-of-way. An investigation into this matter will undoubtedly examine whether the rescue operators received appropriate training.

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.

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.