Articles Posted in Auto Accidents

Between the stress of busy workdays and commitments at home, drivers may have little time for sleep. However, getting enough sleep is critical to operating your vehicle safely. Drowsy driving can lead to falling asleep at the wheel, which often results in serious injury to other drivers. Even if a driver does not fall asleep, their drowsy driving can lead to distracted driving. When drivers are not alert enough to stay focused on the road, they place themselves and others at risk of physical injury and significant property damage. As a result, avoiding drowsy driving is a key step drivers should take to stay safe.

As a recent news article reported, a drowsy tractor-trailer driver caused extensive damage in Hopkinton, New Hampshire. The tractor-trailer driver was traveling on Route 127 when he hit a guardrail, causing extensive damage to both the tractor-trailer and the guardrail. When police investigated the incident, they learned the driver had caused a second accident. Just hours earlier, the driver had previously hit another tractor-trailer. Though no one was harmed, the other tractor-trailer endured severe property damage. The driver received an out-of-service order for violating safety conditions on the road, which temporarily prohibited him from driving. Police blamed the accident on drowsy driving and inattention.

How Can You Avoid Drowsy Driving?

Due to the sheer force of a head-on collision, these accidents can be particularly dangerous for drivers and their passengers. When people suffer injuries in a head-on collision, they may seek to hold another driver responsible for their harm. However, determining who is at fault for a head-on collision can grow even more complicated when an accident involves more than two vehicles. In these scenarios, more than one driver could have caused the injured person’s harm.

For example, a recent news article reported that two people suffered severe injuries following a head-on collision involving three vehicles in Peru, Maine. A truck was driving on the highway when it passed a car; it then collided with a second truck traveling in the opposite direction. Two of the three drivers were transported to the hospital for serious injuries.

What Damages Can You Recover in a Head-On Collision?

After a head-on collision, an injured plaintiff can file a negligence claim for civil damages. Typically, plaintiffs will receive an award for compensatory damages. This type of damages award is meant to put the injured plaintiff in the same position as if the accident never occurred. Compensatory damages can include medical expenses resulting from the accident, property damage repair, and redress for emotional and psychological harm.

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When a pedestrian accident occurs at a busy intersection, there may be several possible causes. For example, a vehicle may fail to yield to pedestrians at a designated crosswalk. On the other hand, a pedestrian may fail to use a crosswalk or sidewalk and collide with oncoming traffic. In other cases, a pedestrian may lack a designated crosswalk and have no choice but to walk near traffic. Under these complex circumstances, injured pedestrians may be unsure whom to sue for their injuries or how to prove fault.

For example, according to a recent news article, a pedestrian suffered injuries after being struck at an intersection in Augusta, Maine. It is unclear whether the pedestrian was using a crosswalk when the accident occurred. An ambulance transported the pedestrian to the hospital for his injuries, where he was then flown to a Portland hospital for further treatment. The crash comes three years after Augusta officials implemented changes to improve pedestrian safety near the same intersection where the pedestrian was struck. The changes came in response to a previous pedestrian accident there. These additional safety measures included reducing the number of lanes pedestrians had to cross, and installing flashing lights to warn oncoming vehicles that a pedestrian would be crossing.

Who Has the Right of Way at an Intersection?

Maine law requires drivers to yield the right-of-way to pedestrians at a crosswalk or sidewalk. However, in the absence of marked crosswalks, pedestrians must yield right-of-way to drivers when crossing an intersection. Pedestrians who seek to establish a driver’s fault for an accident may present evidence that they were crossing within a designated crosswalk, requiring the driver to yield to them. In fact, Maine law requires drivers to exercise due care by leaving distance between their vehicle and the pedestrian when passing through a public road. Accordingly, if a driver fails to do so, a pedestrian plaintiff can develop an argument that the driver failed to exercise ordinary care, a key component of a successful negligence lawsuit.

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Chain reaction accidents occur when an initial crash leads to multiple other crashes, which may or may not involve the drivers who suffered the first accident. When a person suffers injuries in a chain reaction accident, it may be unclear who is responsible for that person’s harm. It may also be the case that multiple parties are at fault for a single injury. A Maine personal injury attorney can help you understand the complex questions of fault and compensation that arise from a chain reaction accident.

For example, as a recent news article reported, a chain reaction accident in Richmond, Maine, left five people injured. The accident happened on the highway when a car sideswiped a tractor trailer, causing the driver to lose control of his car and veer off the roadway. The drivers who witnessed the crash slowed down in traffic, which resulted in three cars crashing into each other. Five people suffered injuries, and one was transported to the hospital for life-threatening injuries. The driver who crashed into the tractor trailer was charged with operating his vehicle under the influence.

How Can You Recover Damages in a Maine Chain Reaction Accident?

People who suffer injuries in a Maine chain reaction accident can bring a negligence lawsuit to recover damages against the other parties involved in the crash. To succeed on a negligence claim, the plaintiff must prove the defendants each owed the plaintiff a duty of care, breached that duty through their action or inaction, that their carelessness caused the accident, and that the plaintiff suffered injuries as a result. When multiple drivers are involved, determining who caused an accident can pose a complicated question of both fact and law. It may be the case that multiple drivers have some portion of responsibility for the accident. At the same time, each driver may not be equally at fault for all crashes that occur in a chain reaction accident.

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Maine drivers who choose to take the risk of driving while intoxicated by alcohol or drugs are putting themselves at risk of significant criminal liability in the event of a harmful accident. When a drunk driver causes an accident that results in serious injury or death, they can be subject to felony assault, manslaughter, or even homicide charges. An alleged drunk driver who caused a tragic head-on collision that caused the death of a beloved mother of two in August was arrested and charged with felony manslaughter based on the accident.

According to a local news report discussing the accident and the criminal charges filed against the other driver, the deceased woman was driving her Scion XA vehicle in Sanford at around 7:30 AM on an August morning when the driver of a Jeep Wrangler struck her head-on. The woman was pronounced dead at the scene of the crash, and the other driver was transported to a nearby hospital with minor injuries. After an investigation of the crash was completed, the driver of the Jeep Wrangler was charged with manslaughter based on the alcohol concentration in his blood at the time of the crash. The crime of Manslaughter in Maine is a Class A felony, which is punishable by up to 30 years in prison and a fine of up to $25,000.

The family of the deceased woman may be able to receive some compensation for their losses as part of the criminal case, as the state will generally seek restitution for the victims of such crimes. In addition to the criminal restitution to which the woman’s family may be entitled, a wrongful death case can also be filed on their behalf in civil court. Because of the procedural differences between civil and criminal cases in Maine, it is generally easier for an accident victim to receive compensation through a civil case rather than by criminal restitution. Seeking a civil damages claim will not prevent a victim from receiving criminal restitution, although victims are not entitled to be compensated twice for the same damages or expense.

November is commonly known as a dangerous month for drivers in Maine, as people are getting accustomed to driving in winter conditions again. The long weekend including the Thanksgiving holiday can be especially dangerous, as many travelers are commuting long distances to see family on what may be unfamiliar roads. Winter ice conditions contributed to a tragic chain of accidents along Interstate 95 on a bridge near Waterville. According to a local news report discussing the crashes, accidents occurred on both northbound and southbound lanes and resulted in at least one death.

According to the news report, the Messalonskee bridge in Waterville became covered in ice on the Friday following Thanksgiving as a result of the cold, wet conditions. Several cars slipped off the road on or near the bridge, and traffic was restricted for both directions of travel. A 59-year-old nurse from Madison stopped to render aid to an incapacitated vehicle near the bridge. As the good samaritan was outside of her vehicle attempting to render aid, the driver of a large pickup truck with a trailer lost control of his vehicle and struck the woman. Paramedics quickly responded to the crash, however they were unable to save the woman’s life and she was pronounced dead at the scene.

Bridges, overpasses, onramps, and offramps are the most dangerous areas for icy road conditions on Maine highways and interstates. The roadway is not insulated by the earth below as in other areas, and the road surface on bridges and other elevated road features is colder than the surrounding roads. Because of this, bridges will always freeze before the rest of the road. Maine drivers approaching a bridge or other elevated roadway must use caution and control their speed on the approach, even when the road appears dry. A driver who fails to safely control their vehicle in the face of winter driving conditions can be held civilly, or even criminally responsible for the effects of a crash.