Maine Injury Lawyer Blog

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.

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.

Reported by the Bangor Daily News on Septemeber 22, 2010

NEW SHARON -- An elderly man was killed Tuesday morning as he crossed Route 134 in front of his house, police said.

Glen Fitch, 87, was killed instantly when he was struck by a pickup truck driven by 43-year-old Walter Fails of New Sharon.

Trooper Sam Tlumac said Fitch, who lived alone, had put his recyclables out to the curb and then walked across Route 134 shortly before 7:30 a.m. Tlumac said as Fitch was returning to his house, he apparently saw the oncoming truck and turned back, but was struck in the road. He was thrown onto the hood of the truck.

Fails was not hurt. He was returning home from working as a corrections officer at the Somerset County Jail, according to a statement from Maine Department of Public Safety spokesman Stephen McCausland. Fails is also a part-time deputy with the Franklin County Sheriff's Department.

A team of six troopers investigated the crash. The cause had not been determined. Two possible causes were a mistake on Fitch's part and glare from the morning sun, McCausland said.

Fitch served for nearly 40 years as a town ballot clerk, Town Clerk Rose Mary Eller said Tuesday. He didn't do it the past couple of years because he didn't feel he could hear well enough, Eller said.

Based on this report, it is evident that further investigation of this accident will be necessary to determine who was at fault. 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.

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.

According to police reports, Wayne Turcotte, 24, who is believed to have been the driver of the 1999 Volkswagen car that crashed on Lyford Road. A passenger in the vehicle, Shane Stone, 24, of Orneville, was taken by ambulance to Eastern Maine Medical Center in Bangor. He suffered serious head injuries, Emerson said.

Mr. Stone has a potential claim against Mr. Turcotte's insurance company and may have an additional claim for any underinsured motorist coverage he or a family member has.

This accident is under investigation.

A South Berwick man was indicted Wednesday by the Penobscot County grand jury in the Jan. 30 hit-and-run death of a University of Maine student in Orono.

Garrett Cheney, 22, was indicted on charges of manslaughter, aggravated criminal operating under the influence of intoxicants, leaving the scene of an accident that resulted in serious bodily injury, and criminal operating under the influence of intoxicants.

He is scheduled to be arraigned at the Penobscot Judicial Center on May 20.

Cheney allegedly struck and killed Jordyn Bakley, 20, of Camden about 3 a.m. Jan. 30 in front of 15 Middle St. in Orono near her apartment. He was driving on the wrong side of the street when he struck Bakley, who was killed instantly, according to court documents.

Police are looking for the driver of what is believed to be a pick-up truck or SUV that killed Jordyn Bakley, a 20 year-old University of Maine student, in Orono. It is believed that the vehicle that struck Ms. Bakley is a 2003-2007 Chevrolet and has front-end damage resulting from the collision. Anyone with information about this hit-and-run should contact the Orono Police Department.

A second person has now died from injuries stemming from an accident just east of Aurora on Route 9, Friday. Police say Lorraine Rice of Pembroke died instantly. Her husband, Wayn Rice, was flown by lifeflight to Eastern Maine Medical Center, but later died of his injuries.

The SUV, a 2009 GMC Yukon, was driven by Holly Hubley, 45, of Halifax, Nova Scotia. Hubley and her passenger, Trevor Graney, 35, also of Halifax, were taken by ambulance to a hospital in Bangor with non-life threatening injuries.

State Police say the Rices were in their 2002 Kia when it crossed the center line on a curve, and was struck on the passenger side by the SUV.

In this type of serious case, it is critical to conduct an accident reconstruction as soon as possible to preserve necessary evidence. For example, one of the best ways to determine whether speed was a factor in the accident is to examine and measure skid marks. Skid marks become markedly less visible as time passes, particularly if snow falls and the road is plowed. In addition, the damage to the vehicle is an excellent indicator of the speed of the vehicle immediately prior to impact, so it will be important to preserve the vehicle. At Peter Thompson & Associates, we have investigated hundreds of serious collisions and had the very best accident reconstructionists in the field determine how and why an accident occurred.