Summer camp operators, and in some case property owners, have a special duty to consider the safety of campers in their care. Although summer camps generally aren’t expected to guarantee an injury-free experience, they are responsible for exercising reasonable care to avoid situations that are foreseeably risky. Camp operators must also take into consideration that children by nature do not practice the same level of care as adults when it comes to avoiding injury. Counselors, trainers and program organizers should take extra care to prevent contact with certain hazards with campers that, for adults, would be considered open and obvious. Failure to do so could lead to a claim for liability from any resulting injuries. Personal injury attorneys in Maine can help parents determine these claims.

Summer Camp Statistics

According to the American Camp Association (ACA), an estimated 14,000 camps operate in the United States. This is an $18 billion industry, employing 1.5 million people, with more than 14 million children and adult campers. Of ACA-accredited camps, about 45 percent offer specialized programming for individuals with disabilities. Roughly 80 percent say enrollment has either increased or stayed about the same in recent years.

The tragic death of a 26-year-old sailor stationed at the Kitsap-Bangor Naval Base adds to the growing concern about the safety of mopeds, scooters, e-scooters, and e-bicycles, as well as other alternative forms of transportation in Maine.

The Kitsap Sun referred to the vehicle on which the submariner crashed as both a “scooter” and a “motorcycle,” although the Yamaha Chappy, produced in the 1970s and 1980s, would be characterized as a moped under Maine’s Bureau of Motor Vehicles because it has a motor that reaches up to 50 cc’s (compared to a scooter, which doesn’t exceed 25 cc’s). Most mopeds top out at speeds of 40 mph, but some larger models can go faster.

Although mopeds haven’t historically been a common way of getting around cities like Portland and Bangor, that does seem to be changing. Traffic safety officials and Maine injury attorneys are paying closer attention.

Workers injured on-the-job in Maine are almost all entitled to no-fault workers’ compensation benefits in accordance with Title 39-A of Maine Revised Statutes. With very few exceptions, those hurt in the course and scope of employment can receive compensation for lost wages, medical expenses and vocational training. Survivors of employees who die of these injuries can collect death benefits.
As Portland workers’ compensation attorneys can explain, this was all part of the “grand bargain” struck between labor unions and employers in the early 20th century, in exchange for strictly curtailing, in most cases, a worker’s right to sue an employer for such injuries. However, employee advocates say benefits are insufficient and too difficult to obtain, thanks to years of legislative efforts (the biggest push being in 1992) favoring insurance companies and big industry. This, they say, combined with a twenty-six percent cost of living increase in Maine, makes the current situation untenable for injured workers.
State legislative committees have scheduled hearings, where workers and their families are slated to testify, arguing that reform is necessary because the state’s current workers’ compensation framework is unfair and causes undue hardship. State lawmakers are considering more than two dozen bills that would amount to sweeping reform of Maine’s workers’ compensation system. The objective, say supporters, is to balance the scales. The system was overhauled roughly 25 years ago by those who insisted the state’s approach – the most expensive in the nation – put the entire system on the verge of collapse.

A new study by researchers at Rutgers University Medical School reveals that outcomes in medical malpractice lawsuits vary significantly depending on where in the U.S. the claim is filed. Published in the Journal of Oral and Maxillofacial Surgery, the study analyzed federal litigation data from 43,000 facial trauma medical malpractice cases with payouts totaling $3.8 billion for allegations pertaining to inadequate care in diagnosis, treatment or surgery.

The researchers discovered physicians have the statistical advantage in medical malpractice cases no matter where a person lives. However, the likelihood of success varied significantly by region. For example, in the South, only ten percent of these claims were successful. In the Midwest, courts affirmed 40 percent of these same claims. Researchers concluded there were a few possible explanations, including a “proclivity for Southern judges to dismiss claims.”

Although this might seem discouraging, our Bangor medical malpractice lawyers note that of those cases decided by a jury trial, plaintiffs overwhelmingly did win. Roughly 40 percent of claims analyzed were decided by a jury, with awards ranging from $14,500 to $1.8 million.

With spring in full swing and summer almost here, we’re seeing more bicyclists take to the streets in Maine cities like Bangor and Portland. Our Bangor injury lawyers are encouraging all drivers to use extra caution and remember that Maine Bicycling Law affords bicyclists most of the same rights, and responsibilities, as any motorist.

State law also requires those behind the wheel maintain a three-foot distance when passing bicyclists and to use extra care if they observe a child bicyclist.

It’s easy sometimes to forget how dangerous Maine roads can be for bicyclists, thanks to drivers who are careless, distracted or drunk. May is National Bike Month, and the National Safety Council reports a nearly 30 percent increase in collisions during the last eight years. There were more than 1,000 bicyclist deaths in 2017, nearly 700 of those involving motor vehicles.

Unfortunately, many who cause bicycle accidents – even serious ones – are often given a slap on the wrist. Continue reading

A record-breaking number of Maine pedestrian accidents in recent years is vexing traffic safety officials.  Maine Public Radio reported pedestrian accident deaths nationally last year were the highest they had been in 30 years. In Maine, officials recorded a 24-year high in 2017. This year is not shaping up to be any safer.

The biggest factor, as noted by numerous traffic safety officials and our own Portland pedestrian accident lawyers, is distraction. Smartphones are the most ubiquitous example, with the average adult spending four hours daily on their phones. A recent comprehensive data analysis by Zendrive reveals distracted driving is 100 times worse than government data reports. These statistics illustrate the real risks when it comes to walking on Maine roads.

Maine Pedestrian Accident Injuries and Deaths Reported Last Three Months

If recent headlines in the Portland Press-Herald and Lewiston Sun-Journal are any indication, it’s unlikely the trend will ease anytime soon. Among those incidents:

  • In April, a 40-year-old woman was struck and killed in a pedestrian accident reportedly caused by a drunk driver on Yarmouth Road. The 58-year-old driver was arrested. Her 11-year-old daughter was also in the vehicle.
  • A few weeks earlier, a 21-year-old woman walking on Franklin Street was struck by a 23-year-old male driver. The Portland pedestrian accident resulted in serious but not life-threatening injuries.
  • In February, a woman was struck and killed in a Turner pedestrian accident involving a truck on Route 4.
  • Also in February, a 36-year-old woman in Lisbon was struck by a box truck while jogging on Route 196. She told police she tried to jump out of the way when the truck veered toward her, but the vehicle nonetheless knocked her to the ground. Although it was early morning, the woman was wearing an illuminated running vest. The 25-year-old driver reportedly did not stop and is facing criminal charges.

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Maine has one of the lowest rates of uninsured drivers in the country. That’s great news for Maine’s road users, who get cheaper uninsured motorist coverage for injuries caused by a hit-and-run/unidentified driver. Still, it doesn’t show the full picture. Many drivers have the minimum mandatory auto insurance coverage. Currently, that rate is $50,000 per person/$100,000 per crash in bodily injury liability, $25,000 in property damage and $2,000 in medical payments. This might sound like a lot, but as your Portland injury lawyers will tell you, it’s often inadequate to reimburse for total losses following a serious Maine car crash. Underinsured motorist (UIM) coverage makes up the difference – between the policy limit of the at-fault driver and your UIM limit.

Don’t assume, however, that when the time comes, the insurer will acquiesce automatically to your requested UIM compensation. Auto insurers actively seek ways to deny or reduce payments – even to their own long-time, safe driver customers. An experienced Portland UIM attorney can advocate for your right to receive full and fair compensation. We can also identify potential acts by insurers – such as vastly undervaluing a legitimate claim or refusing to tell you why they are denying a claim – that might amount to bad faith. If proven, bad faith insurance violations under the Maine Insurance Code can result not only in full crash injury compensation but also attorney fees (which would otherwise come out as a percent of your damage award), court costs AND a penalty of up to 150 percent of that amount.

Although disputes over UIM coverage can often be settled through negotiation (avoiding the time and expense of a trial), it wasn’t long ago a UIM coverage case found its way to the Maine Supreme Judicial Court. The case, Wallace v. State Farm Mutual Insurance Co., involved the question of how an “underinsured motorist” is defined. This is an important technicality of which to be mindful because the definition can differ depending on policy language and it can have a big impact on how much your insurer is required to pay you. Continue reading

The manufacturer of a popular infant jogging stroller model was the subject of a Washington Post investigation shedding light into how the company resisted a product recall despite more than 100 reports of serious stroller injuries (adults, infants and children) over six years, along with U.S. regulators demands that the manufacturer warn consumers and remove the product from shelves. As longtime Bangor child injury attorneys, such revelations are deeply troubling, but not wholly surprising. The report indicated that shifting federal policies toward more relaxed regulatory standards have the potential to allow manufacturers of dangerous products to go unchecked by public and consumer safety agencies for longer stretches at a time.

Our Maine defective product attorneys help equalize the playing field between huge corporations with an army of defense attorneys and individual consumers harmed by unsafe, defective products. It’s important to note: a product doesn’t have to be recalled in order for someone to file a lawsuit, particularly when there is an extensive on-the-record pattern of severe injuries involving similar causes over a period of time, as was allegedly the case here.

Often one of the biggest issues in these cases is whether a defendant adequately warned the public about a danger they knew/reasonably should have known about. If they actively tried to conceal it, this can even be grounds for punitive damages (intended to penalize a defendant for egregious wrongs, versus compensatory damages intended solely to make a person “whole” for losses sustained).

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The death of a state police detective in a Maine trucking accident on I-95  in Hampden was initially called a “bizarre” and “freak accident,” but is now under greater scrutiny by traffic homicide investigators after the motor carrier’s safety record revealed a troubling history of safety violations. As Bangor truck injury lawyers, we’d say while it’s fair to assert the exact circumstances leading to the detective’s death were uncommon, the term “freak accident” insinuates it wasn’t something that could have been stopped. But if a “freak accident” is even partially the result of poor truck maintenance, improper repairs, overloading or inadequate road safety checks, that can be the basis for a Maine negligence lawsuit against those responsible.

According to local news, the 31-year-old detective was assisting a disabled motorist on the snowy highway when two  wheels of a passing tractor-trailer suddenly came unhinged, flew off in either direction, with one fatally strikng the officer, a husband and new father. The driver of that tractor-trailer reportedly failed to stop at the scene, and his actions/sobriety are under investigation.

Meanwhile, the Federal Motor Carrier Safety Administration (FMCSA) in January released early 2018 national truck crash statistics, which seem to indicate increasing road risks. The percentage of all fatal crashes involving at least one large truck increased from 11.1 percent in 2015 to 12.4 percent in 2017. Transportation Topics reported deadly large truck crashes were up more than 3 percent in one recent year. Occupant fatalities rose 24 percent in two years. Continue reading

A new report detailing the vast expanse of dangerous bridges in the U.S. from coast-to-coast is startling, especially if you live in Maine, where 352 of 2,450 bridges were identified as having serious structural deficiencies. The U.S. Department of Transportation’s most recent bridge inventory analysis classified more than 47,000 bridges nationally “structurally deficient” and “in poor condition.” The American Road & Transportation Builders Association notes that if we were to lay these structures end-to-end, they’d stretch from Houston to Chicago.

Bangor car accident attorneys know that when someone is injured or killed because of dangerous transportation infrastructure, the question of liability may be complicated. You’ll need an experienced, well-resourced law firm to help you untangle the question of who is responsible – and further to hold them legally accountable for damages.

The Scope of U.S. Decaying Traffic Infrastructure

TheTrucker.com’s report on the new data estimated more than 178 million trips are made in cars, school buses, tractor-trailers, and motorcycles across these defective roads and bridges daily. Continue reading

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