Articles Posted in Intentional Injuries/Crime

In most areas of law, the legal system does not allow one person to be held responsible for a third-party action of another. beerinapub

But there are several exceptions, and a few of those relate to a situation unfolding in Rockland, little more than an hour north of Bangor. According to The Bangor Daily News, a pub owner has just had his renewal for an entertainment license rejected. In its decision, council cited repeated noise violations, numerous liquor violations of alcohol being sold to minors and pages and pages of police reports originating from that location.

Neighbors who own property near the pub have made numerous complaints. They say disturbances occur nightly, and they are constantly cleaning up cigarette butts and urine stains from the sides of buildings.

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.

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.

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.”sThis 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.

What happens if someone else’s negligence behind the wheel causes you injury and they don’t have enough insurance?sIn 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?sUnfortunately, 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.

Police reported that Corrie Lazar, 21, was struck by a vehicle while walking along Route 41 in Mount Vernon. Ms. Lazar was a camp counselor and was with two other counselors at the time of the incident. She had come to Maine from Washington State to be a camp counselor. Ms. Lazar was pronounced dead at the scene.

Mia Jessup, one of the other counselors walking with Ms. Lazar, was also struck and was hospitalized. The third counselor, Lloyd Olsen, was reportedly not hurt.

Police reported that Joseph Rouleau, the driver, may have been under the influence of alcohol and that alcohol may have been a factor in the crash.