Maine Injury Lawyer Blog

August is Back to School Safety Month according to Safe Kids USA so our Portland injury lawyers want to urge parents take a few minutes to review some simple tips to keep children safe as they prepare for the new school year.

We posted previously on our Maine Injury Lawyer Blog that school bus accidents are a common danger that parents should be concerned about as children return to school this fall. Children who don't ride the big yellow bus are typically close enough to walk or ride a bike to school. Speeders or driver inattention can put children at risk of a pedestrian or bicycle accident in Bangor or Portland.

Franklin County Emergency Management Agency warn motorists to be alert for the following as school resumes session:

-Crossing guards directing traffic or flashing lights at busy intersections.

-Children who are walking or biking to school.

-Children gathered at the roadside waiting for a bus to pick them up.

-Parents dropping children off in school zones or at day care centers.

-School buses with flashing lights stopping at scheduled intervals to pick children up.

Parents with teen drivers should remind young and inexperienced drivers to:

-Use caution in poor driving conditions.

-Allow plenty of time to travel to school.

-Police officers will be highly visible during peak hours of school commuting so obey all traffic laws and traffic signs.

-Pay attention and keep passengers riding in the vehicle with you to a minimum. Teens' riding in the car with a teen driver create an unnecessary distraction and is never recommended, especially during the first year after obtaining a license.

Child pedestrians and bicyclists should use the following safety tips provided by the National Safety Council:

-Make yourself visible, especially when walking or biking at night. Wear bright clothes, attach reflectors to your backpack, and keep a light handy either to hold in your hand or to attach to your bike as a headlight.

-Use bike paths or sidewalks whenever they are available. Staying away from speeding cars and distracted drivers can reduce the risk of serious injury.

-Cross the street at intersections and only when it is safe to do so. Making eye contact with the driver or waiting for them to signal can alert you that it is safe to cross.

-Travel to school in groups rather than alone. Form a single line to be courteous to other walkers or bikers.

-Small children under the age of 10 should be accompanied by an adult.

-Never make quick or sudden moves into traffic. Motorists have a difficult time seeing young children, especially when they appear in the street unexpectedly.

Continue reading "Back to School Injuries a Concern for Child Pedestrians and Bicyclists Involved in Portland Car Accidents" »

Amtrak has filed a lawsuit against the Massachusetts company that owned the truck hit by the Downeaster passenger train last month in North Berwick, Maine. That truck is owned by Triumvirate Environmental Inc. of Somerville, Massachusetts.

The driver of the 18-wheeler truck was killed in the Maine car accident that happened on July 11th, according to boston.com.

The truck was carrying more than 50,000 pounds of trash to a local incinerator. Police are conducting an ongoing investigation into the accident.

The Amtrak driver is accusing the big rig driver of ignoring the railroad crossing controls and warnings while he was crossing the railroad tracks. Four passengers aboard the Amtrak train suffered injuries in the collision. Amtrak isn't seeking specific damages, but they are reportedly seeking compensation for subsequent service disruption costs of $3 million. The suit was recently filed in federal court in Massachusetts.

Our Portland personal injury attorneys understand that the court filings for this case state that the crossing warnings were activated as the truck proceeded through the crossing. They also state that the truck driver "failed to heed the warnings" and drove his tractor-trailer around the lowered crossing gates and caused the accident. This case is important to bring up because accidents near railroad crossings can be oftentimes produce deadly results if the proper safety measures are not taken and if warning signals are ignored.

"Once we get it all done, we'll release what our finding was," says Police Chief Stephen Peasley, estimating it could be another couple of weeks.

The suit was filed on August 8th at the U.S. District Court of Massachusetts by John Bonistalli, the attorney representing National Railroad Passenger Corporation.

It is estimated that a person or a vehicle is hit by a train every 115 minutes. It is also estimated that about half of these railroad accidents occur at railroad crossings when automatic warning devices, like flashing lights and gates, are present and are properly activated and working.

According to the U.S. Department of Transportation, there are approximately 5,800 vehicle-train accidents each year in the United States. A majority of these accidents occur at railroad crossings. These accidents result in an average of 600 fatalities each year. These accidents also injure about 2,300 people yearly.

Common injuries of a train and car accident can include brain trauma, spinal cord injuries, concussions, other head injuries, sprains, fractures, abrasions, burn injuries and internal and various soft tissue injuries. Many of these injures can be life threatening.

Railroad accidents most oftentimes include these scenarios:

-Derailment of a train.

-Train-train collisions.

-Train-car collisions.

-Train-person collisions.

-Damage to property.

Accidents that involve a train can be very complex and difficult for the victims, especially when fighting for deserved compensation. That is why it is critical for you to contact an attorney immediately following a train wreck or railroad accident.

Continue reading "Amtrak Sues Trucking Company for Maine Truck-Train Accident" »

The U.S. Department of Transportation has issued a summer travel advisory to motorists in Maine and throughout the country to check your tires before heading out on long trips.

Maine car accident lawyers know that low tire pressure or worn tires in extremely hot temperatures are a bad combination and can increase the chances of a serious car accident in Bangor or Portland quite substantially.

Inspecting your tires for proper inflation and tread wear is key in reducing the chances of a tire-blow out or worse, loss of vehicle control that could lead to serious injuries in a vehicle crash. From 2005-2009, the National Highway Traffic Safety Administration reported almost 3,400 deaths in tire-related crashes.There were another estimated 116,000 people injured in these types of accidents.

"While it's true improperly maintained tires can contribute to a crash at any time of year, it is particularly critical for motorists to check tires during hot weather, when families and luggage often overload vehicles for long vacation trips," NHTSA Administrator David Strickland warned. "Underinflated tires spinning on hot asphalt for extended periods of time can be a recipe for disaster."

The hot weather can have an adverse effect on aging and worn tires, especially in extreme temperatures. Not only should you check your tires for proper inflation periodically, but if the treads are worn down you should consider replacing them. Older tires have a higher vulnerability to heat stress which can cause them to explode, especially on long trips. Motorists are encouraged to check their owner's manual or with a tire manufacturer for suggestions on how often or at what point tires need changed.

The good news is proper tire inflation can save you pennies at the pump. According to U.S. Department of Energy, tires that aren't properly inflated can lower gas mileage by .3 percent for every one pound per square inch drop in pressure for all four tires. Gas mileage per gallon can add up on long trips for fuel efficient cars if tire pressure is maintained at an optimal level.

The Rubber Manufacturers Association offers the following summer driving tips:

• Take 5 minutes every month and before long trips to check your tires, even the spare tire located in the trunk.
• Pressure builds up as tires become warm. Never reduce air pressure while tires are hot.
• Follow tire tread and air pressure requirements specified in your vehicle owner's manual.
• Over-inflation of tires causes problems with braking and vehicle control as well as uneven wear on your tires.
• Follow the suggestions in the owner's manual for loading your vehicle. Every vehicle has a weight limit so make sure you know what that is before you start loading.
• Overloading a vehicle's weight capacity can cause stress and excessive heat inside your tires which can lead to severe injury or vehicle damage in an accident.
• Always have your tires rotated and aligned before long trips.
• Remove any debris or objects stuck in tire treads so that the tires can grip the road appropriately.
• Tires come equipped with a "wear bar" which tells when a tire is worn out. This bar typically shows when a tire is worn down to one-sixteenth of an inch and ready for replacement.

Continue reading "Properly Inflated Tires Can Reduce the Risk of Car Accidents in Bangor, Portland" »

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" »

All-terrain vehicles (ATVs) are gaining popularity in Maine, and so are the number of injuries and deaths caused by ATV accidents in Portland, Bangor and elsewhere in the state.

Riding an ATV can be a fun way to spend the afternoon with friends, but Maine child injury lawyers want to remind riders that these machines are not toys. An accident involving an ATV can often lead to broken bones, internal injuries, head trauma or spinal cord injuries, which can bring a multitude of medical expenses.

The Portland Press Herald reports that not only are ATVs dangerous for children, but adults are just as susceptible to Maine ATV accidents. A 50-year-old man died recently from injuries sustained on an ATV while riding with friends on Folly Road. He lost control of the ATV while trying to pass the other vehicles.

The Consumer Product Safety Commission reports from 1982 through 2009, there were ATV-related 10,281 fatalities nationwide. In 2009, 376 people died in an ATV-related accident in the United States. From 1982 through 2006, Maine reported a total of 107 deaths from an ATV-related accident. From 2007 to 2009, 17 people were killed in ATV accidents in Maine. Nationwide, almost 2,700 deaths of children 15 and under occurred on ATVs from 1982 through 2009. A total of 43 percent of child deaths on ATVs are children 11 and under.

In 2009, there were approximately 132,000 injuries nationwide that needed medical treatment at a hospital emergency room from ATV-related accidents. Of these, 25 percent, or 32,400 were children younger than 16.

Maine's Department of Inland Fisheries and Wildlife offers these ATV safety tips to riders of all ages:

-Small children should always be supervised and never operate an ATV of 70-90 CCs or higher (appropriate to their age and size).

-Experience with riding should determine the difficulty of the trail in terms of terrain.

-Know the machine you are riding by familiarizing yourself with the brake system, type of starter, clutch, reverse gear, hand grips or what wheel-drive it is (2 or 4).

-Gloves, eye wear, footwear and helmets are all important aspects of clothing and equipment.

-Check your vehicle before you ride for air pressure, brakes, tightened axles, loose cables and lights. Routine maintenance can reduce the risk of injuries due to vehicle malfunction.

-Keep your feet on the footrest to prevent injury.

-Shift to a lower gear and release the throttle to help with braking.

-Keep your momentum moving forward when riding up a hill.

-Never drive under the influence of drugs and alcohol.

-Know the law and take a safety course before you ride for the first time.

Click here to view procedures for ATV registration, laws and rules for riding, and safety course information offered in Maine.

Continue reading "ATV Accidents a Concern for Riders in Portland, Elsewhere" »

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" »

After months of cold weather and icy roads, motorcycle enthusiasts in Maine are finally hitting the streets again. May is Motorcycle Safety Awareness month so motorists are encouraged to share the roads wisely while keeping a watchful eye for bikers in order to avoid motorcycle accidents in Portland or elsewhere in the state.

Motorcycles are a fuel-efficient mode of transportation so it should come as no surprise if we begin to see more traveling on roadways due to the elevation in gas prices recently. Last month the Bangor Daily News reported that motorcycle fatalities decreased by 2 percent nationwide during the first nine months of 2010. This isn't a trend believed to continue moving forward as the statistics indicated the drop in fatalities was during the beginning of the year. In fact, it is highly doubtful considering motorcycle fatalities have more than doubled in the last decade -- from 2,483 in 1999 to as many as 5,290 in 2008. Each year has shown a steady increase during this 10 year time period according to the National Highway Traffic Safety Administration. Injuries have also shown a steady increase from 1999 to 2008 with the highest mark in 2007 at 103,000 people injured in motorcycle accidents. Maine recorded 18 motorcycle rider fatalities in 2008.

In 2009, Maine recorded over 49,000 registered motorcycles on roadways. There were 102,763 licensed motorcyclists in the state in 2009. Maine requires all riders and operators under age 18 or any motorcyclist with less than one year driving experience to use a federally mandated helmet when riding a motorcycle.

Motorists should keep riders in mind this summer with the following helpful tips:
-Keep plenty of space between you and the motorcycle in front of you.

-Never change lanes or merge with traffic unless you signal first and turn your head to look before you cross the line.

-Make sure the bike in front of you turns before approaching them too closely. Many bikes don't have an automatic shut-off for the turn signal so they could be signaling inadvertently.

-Never engage in aggressive or distracted driving activities. Motorcycles can appear from nowhere and are difficult to spot.

Continue reading "Motorcycle accidents in Bangor a spring and summer risk" »

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 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.

A recent post to this blog was about a tragic accident which killed two teenage girls. Such news makes one consider teen and inexperienced drivers. According to the Centers for Disease Control, more teens are killed every year by car accidents than by any other cause. In Maine, the statistics are equally disturbing. According to the Secretary of State,

"•Nearly one young driver is killed each week in Maine;

•More than 60 young drivers are injured each week in Maine;

•Motor vehicle crashes are the leading cause of death of young people ages 15 to 24 in both Maine and the nation;

•In Maine, 15 to 24 year olds comprise 12.5% of all licensed drivers, but they are involved in 25% of all motor vehicle fatalities and 30% of all injuries."

In order to counter some of the risks, Maine's licensing procedure for those under 21 is taken in three steps. First, at the age of 15 residents are allowed to apply for a learner's permit. They must pass a vision screening, written examination and have taken a driver education course. The permit allows driving with another licensed person over the age of 20 in the vehicle. During this time, they must accumulate 35 hours of practice driving, including 5 hours at night.

After 6 months, they are allowed to apply for an intermediate license. They must pass a test behind the wheel to qualify. At this stage, they may drive alone, but not between the hours of 12 p.m. and 5 a.m. The only passengers allowed are immediate family members UNLESS there is a driver over the age of 20 in the front seat who has been licensed for more than 2 years. Cell phone use while driving is not permitted.

Drivers are required to have an intermediate license for 180 days before applying for a full license.

You can find out more information about the licensing process on the State of Maine Secretary of State's website

If your teenager has been injured in an accident, or if you have been injured by an inexperienced driver, contact Peter Thompson and Associates for a free consultation at 1-800-917-1784 or read more on our website, www.Peter-Thompson-Associates.com, on our car accident practice page.