Auto Accidents

April 14, 2011

National Distracted Driving Awareness Month to Reduce Car Accidents in Portland and Elsewhere

Our Portland car accident lawyers want to point out to motorists in Maine that they have one more thing to put on their calendars. April is National Distracted Driving Awareness Month according to a recent announcement by National Safety Council.

We frequently post on our Maine Injury Lawyer Blog about the dangers of distracted driving and how many times talking or texting on a cell phone can lead to serious or even fatal car accident in Bangor, Portland or elsewhere in the state.Following an almost unanimous vote by the U. . House of Representatives last month, the National Safety Council (NSC) and FocusDriven (an advocate group opposed to distracted driving) are announcing the inauguration of April as National Distracted Driving Awareness Month.

The resolution was brought to the House by Betsy Markey (D-CO) following the tragic death of Erica Forney who was struck and killed by a distracted driver in November 2008.

“Erica’s memory will forever live on through this resolution and help prevent other distracted driving deaths from occurring,” said Shelley Forney, Erica’s mother and founding board member of FocusDriven.

The two non-profit organizations are asking motorists to promise during the month of April to not use their cell phones while they drive. It is estimated that 1.6 million crashes occur each year because of a driver who is talking or texting on their cell phone while they are behind the wheel.

Drivers are being asked to turn off or silence their cell phones while they drive. A further precaution that can be used is to put your cell phone in the glove compartment or trunk to reduce the temptation to reply to a phone call or text alert on your cell phone while you drive. Drivers are encouraged to create a temporary voicemail which alerts callers you are driving. By letting the caller know that you can’t respond at the time, it will stop them from repeatedly leaving messages for you while you drive.

“Many drivers realize most of the calls they thought were so important, really aren’t. It is our hope drivers will decide to make the change permanently. Doing so will make our roadways safer for everyone,” said Jennifer Smith, FocusDriven president and founding board member.

Businesses are also being asked to participate in the awareness by creating and enforcing cell phone policies to protect employees. Many companies offer cell phones to their employees but few have a policy in place to discourage them from using their phone while they drive.

“National Distracted Driving Awareness Month also is the perfect opportunity for businesses to implement cell phone policies to protect employees. When businesses allow employees to conduct business on cell phones while driving, they are putting their employees at a 4 times greater risk of a crash,” said Janet Froetscher, NSC president and CEO.

Employers are encouraged to view the Cell Phone Policy Kit provided by the NSC to devise a policy that will keep your employees safe.

February 4, 2011

Super Bowl Weekend Increases risk of Car Accidents in Portland, Bangor

by Peter Thompson & Associates

Maine is a long way from Super Bowl XLV in Texas this weekend but football fans are still going to tune into the game — whether its the commercials or one last football fix your’re after,sSuper Bowl parties have become an American tradition.

However, they also increase the risk of car accidents in Portland, Bangor and elsewhere in the state.We wish you a safe and enjoyable weekend of parties, good snacks, lots of laughs, and great memories. Our Maine personal injury attorneys at Peter Thompson & Associates alsosencourage fans to drink and drive responsibly this Super Bowl Sunday.

In 2009, the National Highway Traffic Safety Administration reported a total of 159 total traffic fatalities in Maine. Just over a third of these fatalities occurred as a result of one driver having a BAC of .01 or higher. There were 106 traffic fatalities reported in which no BAC level was present.

Nationally, 32% of all traffic fatalities (33,808) involved an alcohol-impaired driver with a BAC of .08 or higher. An alcohol-related traffic fatality occurred on average about every 48 minutes in the U. . in 2009. The age group most at risk nationally for alcohol-related crashes is 21-24 year-olds. In this age group, 35% of the drivers in fatal crashes had a BAC over the legal limit.

“Football is one of America’s favorite pastimes, but fans can put themselves in serious danger if they don’t plan ahead,” NHTSA Administrator David Strickland said. “Whether you’re at the game or watching from a sports bar or a friend’s house, designate a sober driver before the game. And remember, Fans Don’t Let Fans Drive Drunk.”

Fans attending a Super Bowl party or watching from a restaurant or bar should practice the following suggestions:

-Before the party begins, designate the driver who will remain sober.

-If you plan to drink, leave your keys at home so there is no temptation to get behind the wheel while you are intoxicated.

-If you drink, pace yourself by not drinking too fast, alternating between non-alcoholic beverages, and stopping plenty early before you drive home.

-Place the number of a friend or cab company in your wallet who you can call if you have had too much to drink.

December 15, 2010

Mother and daughter killed in crash on Bailey Road in Knox

by Peter Thompson & Associates

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.

December 14, 2010

Seatbelt safety and usage

by Peter Thompson & Associates

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. .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 consultation call 1-800-917-1784 or read more on our website, www.Peter-Thompson-Associates.com, on our car accident practice page.

November 28, 2010

Deering High graduate dies in crash in Massachusetts

by Peter Thompson & Associates

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.

November 26, 2010

National Transportation Safety Board hosts forum on aging drivers

by Peter Thompson & Associates

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. .B website.

An interview with Deborah Hersman, chairwoman of the N.T. .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.

November 24, 2010

Two Men Die in Bangor Accident

by Peter Thompson & Associates

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.

November 21, 2010

Teen Drivers

by Peter Thompson & Associates

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;

November 4, 2010

Winter Weather Driving Tips

by Peter Thompson & Associates

As the weather turns colder and winter storms approach, it is a good time to refresh our memory with winter driving tips. As the saying goes “first is worst” meaning the first storm is always the most dangerous on the roads because we are out of practice driving in stormy conditions. Taking a little time to prepare our vehicles and review driving safety measures are good steps toward preventing accidents and injuries.

The guys at Car Talk have listed their recommendations for winterizing your car on their website.

While driving, keep in mind that stopping distance on snow and ice can be longer than on dry pavement. Avoid tailgating. Budget extra time to get to your destination so that you aren’t tempted to go faster than is safe. Distracted driving is always a hazard, but in particular in bad weather, focus on driving. Don’t talk on your phone, put on your makeup, or play with the radio. For more tips, the Maine Secretary of State’s office has publised advice on driving in ice and snow on their website.

October 22, 2010

Workers’ compensation injuries and personal injury claims

by Peter Thompson & Associates

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.