Articles Posted in Auto Accidents

In Maine, individuals who suffered injuries or died in a car or other accident because of another’s fault, may be entitled to compensation for their damages and losses. However, even if the evidence suggests that the other party was at fault, each case presents unique circumstances that may affect liability and recovery. One of the most challenging situations is when the defendant experiences a medical emergency that leads to an accident.

Under Maine’s negligence laws, plaintiffs must establish that the at-fault party deviated from a reasonable person’s standard of care. A “reasonable person,” is one who exercises average care and judgment in their conduct. However, the law allows for flexibility, which is relevant to the affirmative “sudden emergency” defense. This doctrine applies in situations where the at-fault party experiences an unavoidable medical event or encounters an “Act of God”, that leads them to cause an accident.

For example, recently, a Maine news report described an accident involving a medical emergency. In that case, a driver experienced an undisclosed medical emergency when he crossed into an oncoming lane of traffic and off the road. The driver then slammed into a pedestrian. The pedestrian was taken to a hospital where he later succumbed to his injuries. Although the case is still under investigation, police urge Mainers to engage in safe driving behaviors and refrain from operating their vehicle if they are ill or under the influence of drugs or alcohol.

After a Maine motor vehicle accident, injury victims are likely suffering physically, emotionally as well as financially. One way to ease this burden is to pursue a claim for damages through an insurance claim or personal injury lawsuit. However, challenges arise when the responsible party fled the scene of the accident or failed to provide their identifying information. In these cases, Maine treats the accident as a hit and run. It is important that Maine hit and run injury victims contact an attorney to help them through these complicated situations.

There are many reasons that a motorist may leave the scene of an accident. However, it typically occurs if the driver was engaged in some illegal activity, such as driving without a license, or driving under the influence of drugs or alcohol. Additionally, hit and run motorists may want to avoid paying damages or being named in a lawsuit. In some rare cases, the driver may be experiencing a medical event or not realize that they hit another vehicle or person.

In any event, hit and run accidents often result in more serious injuries and leave victims in a challenging position. Once the responsible party flees the scene, they can be difficult to identify and locate. Police may investigate the accident scene, review video footage, and interview witnesses; however, this investigation may fall short in some cases. In contrast, attorneys often work with a team of investigators and forensic experts that can help in recreating the scene of the accident. These resources provide clients with a higher likelihood of success in resolving their cases.

Recent video footage shows a troubling crash in which a Tesla car crashes into the top of an overturned truck laying on its side, according to one news article. The vehicle also failed to brake for the truck driver who was standing in the lane redirecting traffic. Thankfully, the truck driver jumped out of the way before he was struck. The driver of the Tesla stated that the car was in autopilot mode when the crash occurred. The driver did not manually brake until it was too late to avoid the collision. Those who are injured in a Maine car accident may be entitled to monetary compensation for the injuries they sustained in an accident.

Assuming that the autopilot was on, as it appeared, the footage raises questions of why the autopilot feature did not recognize a large obstacle in the road and why the car’s emergency braking system did not perceive the pedestrian. Even if autopilot was not on, the vehicle’s emergency braking and collision warning systems would not usually be off, unless it is manually disabled.

Although Tesla’s autopilot requires drivers to pay attention to the road at all times, it does not track their gaze, as some cars do. It is possible that the car failed to perceive the overturned truck because it was not used to seeing an overturned truck. But that does not explain why the vehicle failed to brake for the pedestrian. Tesla declined to comment on the article.

Apportioning liability and recovering compensation in Maine hit and run accidents is typically challenging, and these lawsuits contain unique legal issues. The legal ramifications of Maine hit and run accidents are more serious than a typical traffic accident. Generally, all motorists must exhibit a standard of care when operating their vehicles. When they breach this duty and cause injuries, negligent drivers must take steps to ensure the other party’s safety and mitigate potential damages. When a negligent motorist fails to do this, they may face serious criminal and civil penalties under Maine’s hit and run statutes.

If a Maine driver is involved in an accident resulting in serious personal injury or significant property damage, at a minimum, they must contact law enforcement and emergency services. The driver must also provide the other driver or police with their identifying information, such as their name, contact information, and driver’s license information. Maine classifies leaving the scene of an accident as a “Class C” crime, and hit and run drivers may face driver’s license suspension on top of other fines and penalties.

In addition to potential criminal penalties, Maine hit and run drivers may face significant civil penalties as well. The victim or their loved one may be able to recover damages for their injuries and losses. Although, Maine courts rarely award punitive damages, some plaintiffs may be entitled to these damages in situations where the defendant engaged in intentional malice. Unfortunately, these cases often contain challenges because it may be difficult to locate the negligent motorist, and this can delay proper treatment and financial recovery. Victims of these accidents should contact an attorney to discuss their case and assist with an investigation to ensure that their rights and remedies are effectuated.

Nine months ago, tragedy struck in Norridgewock, Maine, when a car crash on the Fourth of July killed two people. According to a recent news report, a 51-year-old Norridgewock man, was driving his dump truck southbound down Ward Hill Road when he collided with a Pontiac Torrent driven by an 85-year-old woman from Madison. The crash killed the woman in the Pontiac, as well as her passenger, her 80-year-old husband. The driver of the dump truck was taken to Redington Fairview General Hospital in Skowhegan but had no life-threatening injuries.

Now, months later, the driver is being charged with Class A manslaughter for recklessly or negligently causing the deaths of the elderly couple. The District Attorney for Kennebec and Somerset counties said that the charge was brought against him after her office reviewed the police’s investigation and the results of an accident reconstruction. In Maine, Class A manslaughter convictions can lead to a maximum of 30 years in prison and up to $25,000 in fines. The defendant, who pled not guilty, is being represented by counsel. In a statement, his lawyer said that the tragic accident was just that, an accident, and that his client tried to stop when the car pulled out in front of him.

The outcome of the case is still unknown; while a court date will be set in the near future, it is currently being postponed due to court shutdowns from the coronavirus pandemic. However, the criminal charge, while it may provide comfort to those who were close to the two victims, does very little to actually help them through the grieving process.

Recently, the Maine Department of Public Safety, in conjunction with the Bureau of Highway Safety and the Maine Department of Transportation (DOT), released crash data that was compiled over the past ten years. This report may serve as an essential resource when Maine car accident victims try to collect damages from an at-fault motorist. The crash data provides safety officials and motorists with valuable information regarding common causes of Maine car accidents. The report evaluates relevant contributing factors such as time of day, day of the week, type of driver, type of vehicle, and driver behavior.

For ease of use, the report reflects five-year annual averages and only covers the most frequently requested crash information. Generally, the report found that after seeing a dip around 2010, Maine crash rates have steadily increased over the last five years. Over this time, there have been over 8,000 crashes resulting in severe injuries and over 150 fatalities. Most serious injury crashes occurred on Fridays, Thursdays, and Wednesdays. Whereas, the majority of fatal car accidents occurred on Saturdays and Fridays. Interestingly, both types of accidents occurred mainly between 9 pm and 2 am, even though this is generally a low traffic volume time of day.

The report included crash rates by driver age, but did not differentiate between fault. However, drivers between the ages of 16-24, and then 65-69, seem to be involved in the majority of the crashes. They also evaluated the number of drivers with suspended licenses, finding that about, on average, 2.5% of car accidents involved a driver with a suspended license. The report also provided detailed information regarding the number of vehicles, pedestrians, bicyclists, ATVs, and snowmobiles involved in these accidents.

After a car accident, most injury victims file an insurance claim to recover for their damages. Indeed, insurance companies play a critical role in most Maine car accident cases, and it is essential that these companies responsibly, accurately, and lawfully review claims. Insurance companies who fail to settle claims, unduly delay compensation, or improperly deny claims can cause injury victims to experience significant physical, financial, and emotional consequences. Maine has several complicated and specific statutes in place to hold insurance companies liable for engaging in this behavior. However, these remedies are often hard to effectuate and require a comprehensive understanding of Maine’s insurance laws.

Under Maine’s insurance laws, anyone who owns or operates a vehicle in the state must carry the minimum amount of coverage required by law, which is $50,000 per person or $100,00 per accident for bodily injury liability, $25,000 for property damage, and $2,000 per person in medical payments coverage. Additionally, motorists must purchase uninsured/underinsured motorist coverage (UIM) of at least $50,000 per person and $100,00 per accident. This crucial coverage protects drivers and their passengers if the at-fault party does not have insurance or has inadequate coverage. Although, these amounts may seem high, they are often not enough to cover the damages caused by a serious Maine car accident.

Maine drivers naturally purchase motor vehicle coverage with the belief that the insurance company will provide them with financial protection. Generally, insurance companies must engage with their policyholders in good faith. This means that the law requires insurance companies to fairly and meticulously review a policyholder’s claim and attempt to settle claims against the insured. When an insurance company acts in bad faith by unlawfully failing to approve or settle a claim without a reasonable basis, they may face legal consequences through a Main bad faith insurance claim.