Maine Injury Lawyer Blog

January 24, 2018

Icy Road Conditions Make for Treacherous Maine Driving

Sad news was reported recently when an 88-year-old driver and his 82-year-old wife were killed after the husband lost control of their sport utility vehicle on a snow-covered road in Sanford, ME and collided head-on with another vehicle. The driver of the other vehicle he struck was not injured, although a passenger was taken to a nearby hospital to receive medical attention. Although The Bangor Daily News reports the car accident is still under investigation, authorities have been clear to say that snow and ice played a role in the collision.

As our Maine car accident attorneys can explain, no driver can control the weather, but that doesn’t mean the issue of liability is negated. That is because all motorists have a responsibility to drive their vehicles in a manner that is safe, considering the current road conditions.

As noted by the Maine Department of Transportation, that means first of all “maintaining a safe cushion,” or in other words giving yourself enough time to react if another driver ahead makes a mistake or if conditions suddenly change. The only way to do this is to keep enough space between your vehicle and those around you – particularly the vehicle ahead. When the roads are slippery (i.e., rainy, snowy, or icy), motorists need to give themselves even more time to slow or stop. That means maintaining a greater distance and also slowing down.

January 10, 2018

Maine Motorcycle Accident Victim’s Husband Settles Lawsuit Against Construction Contractor

by Peter Thompson & Associates

A man whose 53-year-old wife died in a Maine motorcycle accident in 2014 has settled his claims against the construction contractor in Augusta that allegedly failed to inspect and repair a dangerous pothole that reportedly caused his wife to lose control of her bike.

The plaintiff had been riding a motorcycle separately from his wife in Augusta when he watched her strike the pothole and saw the bike go down. The couple had married just six weeks earlier, and they were traveling with another pair to see a home in Manchester they were preparing to purchase. His original wrongful death lawsuit was filed in 2015 in Kennebec County Superior Court, and it initially named not just the construction company but also the state, the state’s department of transportation, the city of Augusta, and a number of other defendants.

In the end, claims against all defendants other than the construction company were dismissed. This likely had to do with the fact that any claim against government agencies can be tough to prove, due to concepts like sovereign immunity and the difficulty of proving these entities owed a duty of care to the individual in question. But, as this case revealed, that doesn’t necessarily mean there are no other avenues of compensation worth pursuing.

December 28, 2017

Maine Truck Accident Caused by Driver Who Fell Asleep

by Peter Thompson & Associates

The driver of a tractor-trailer packed with sawdust and wood chips narrowly escaped serious injury after he reportedly fell asleep, crossed the center line and slammed into a ditch on the opposite side of the road before the rig turned on its side.

The crash occurred on Route 150 in Athens. The 50-year-old trucker told responding authorities that he fell asleep while driving and then work up in a ditch. He was transported to a local hospital as a precaution, the Kennebec Journal reported, but was soon thereafter released. It’s fortunate no other motorists were on that particular stretch of road when the truck accident occurred, as these large vehicles have the potential to cause catastrophic and fatal injuries, especially if one were to hit a passenger vehicle head on in the opposing lane.

Drowsy driving is a major problem in the trucking industry, with the Large Truck Crash Causation Study, published annually by the Federal Motor Carrier Safety Administration, revealing 13 percent of all commercial motor vehicle drivers were deemed “fatigued” at the time of the collision. The FMCSA defines “fatigue” as exertion – either physical or mental – that results in impaired performance. Truck drivers are especially prone to fatigue because they often suffer from inadequate sleep, brutal work schedules and monotonous work. Continue reading

December 23, 2017

Drunk Driving Mars Holiday Festivities in Maine

by Peter Thompson & Associates

For many, getting into the holiday spirit involves downing holiday spirits. Although most can responsibly enjoy the indulgence, it’s problematic when those who imbibe get behind the wheel

Last year, nearly 800 Americans died in drunk driving crashes just in December alone last year. The National Highway Traffic Safety Administration reports nearly one-third of the 37,500 people killed in car accidents in 2016 were involved in crashes were at least one driver had a blood-alcohol concentration of 0.08 or higher.

In Maine, there were almost 500 deaths caused by drunk drivers over a recent nine-year stretch. Approximately 1.2 percent of Maine drivers surveyed admitted to driving while too impaired to do so at least once in the last 30 days. The actual number is likely much higher, as these are only self-admitted cases. The Press Herald in Portland reported earlier this year that more than 16,000 drivers in Maine have had four or more OUI convictions since 1980. More than 80,000 drivers in Maine have more than one OUI conviction. Many of these instances happen around the holidays, when people are more likely to be attending parties and gatherings where alcohol is served. Having a plan for transportation before the festivities is the best way to avoid causing a drunk driving accident. Continue reading

December 14, 2017

Black Ice Blamed in Numerous Maine Car Accidents Recently

by Peter Thompson & Associates

Black ice on the roads was cited as a factor in a number of central Maine car accidents recently, though thankfully, no serious personal injuries were reported. In a single icy morning, the dispatch center for Kennebec County and Somerset County reported 85 reports of crashes and cars that had veered off the roadway. Calls started around 3:30 a.m., and within the hour, authorities on site were informing dispatch and other emergency responders about the perilous black ice that coated Interstate 95 and surrounding areas. One official was quoted as saying the interstate “looks like a skating rink.” Officials did choose to close the Messalonskee Bridge for a time after four crashes happened back-to-back, as reported by CentralMaine.com.

Although weather certainly can be a factor in any car accident, it’s important to point out that even the worst road conditions do not relieve motorists of their duty of care to use reasonable caution in their operation of a motor vehicle. That means exercising constant vigilance when conditions are right for hazards like black ice. It means slowing to a safer speed and avoiding distractions and maintaining a safe distance from the vehicles ahead of you. Failure to do so can be grounds to assert negligence when it results in a collision.

What is Black Ice?

December 4, 2017

Failure to Disclose Vehicle Defects to Maine Drivers Will Cost GM $1.1M

by Peter Thompson & Associates

As part of a $120 million settlement with General Motors Co. for concealing safety issues related to vehicle defects, Maine is slated to receive $1.1 million in compensation. It stems from a settlement reached between the Michigan-based auto manufacturer and attorneys general from 49 states plus the District of Colombia.

Maine Attorney General Janet Mills released a statement characterizing the deception as creating a dangerous situation for the public. It stemmed from information that came to light following seven vehicle recall from GM affecting more than 9 million vehicles that reportedly had defective ignition switches that had the potential to cause a loss of electrical power to the vehicle, affecting power brakes and power steering. There were also reports that airbags could fail to deploy in the event of a Maine car accident. The recalls in and of themselves weren’t the issue, but rather that some GM insiders were aware of these safety problems for at least a decade before the recalls were issued. Furthermore, the company continued to market the vehicles as reliable and safe. These actions, Mills office indicated, ran afoul of Maine’s Unfair Trade Practices Act. The more than $1 million of that settlement slated for Maine will go into a consumer trust account. There is still a class action lawsuit pending that involves several people who allegedly suffered personal injuries and wrongful death as a result of these dangerous vehicle defects, The Press Herald reports.

Although most car accident lawsuits in Maine involve the negligence of other drivers, injury lawyers cannot overlook the possibility of automobile defects, given the fact that the number of vehicle recalls has reached record rates in recent years. Reuters reported U.S. auto recalls in 2016 affected a record 53.2 million vehicles, in large part due to defective Takata airbag inflaters. Last year topped the previous record, set in 2015, of auto recalls affecting 51.2 million vehicles. Continue reading

November 15, 2017

Maine Fisherman Sues for Workplace Injury Involving Finger Amputations

by Peter Thompson & Associates

A man is suing two salmon farm companies – including his employer – in federal court in Bangor following a Maine workplace injury at a salmon farm that resulted in the amputation of two of his fingers on his dominant hand. WGME.com reports the worker is seeking unspecified compensatory and punitive damages for losing his middle and ringer fingers on his right hand, claiming the two companies were negligent in failing to properly train employees and in failing to provide them with necessary safety equipment.

His attorney alleges the 22-year-old’s life will never again be the same, and he may never again be able to return to working on the water, something he loved. In addition, he’s alleged to be permanently disfigured.

This case is a bit different from most Maine work injury claims in that typically, workers are not able to sue their employers for compensation for such injuries. They can sue third parties for negligence, but the Maine Workers’ Compensation Act is considered the exclusive remedy available to employees who suffer work-related injuries, illnesses, or diseases against employers with workers’ compensation coverage. As long as the employer meets its obligation to provide workers’ compensation benefits, it’s immune from civil liability for injuries to employees. This immunity further extends to all of the company’s employees, supervisors, officers, etc. (meaning you can’t sue your co-worker or your boss).

November 1, 2017

Arguing for Auto Insurance Coverage in Maine After Crash Despite Cancellation

by Peter Thompson & Associates

Motorcyclists in Maine are at higher risk of injuries and death than occupants of other types of motor vehicles. The National Highway Traffic Safety Administration (NHTSA) reports an estimated 88,000 motorcyclists are injured and nearly 5,000 killed each year in the U.S. Per vehicle mile traveled, motorcyclist fatalities occurred nearly 29 times more frequently than passenger car occupant deaths in crashes. This is part of the reason why Maine requires motorcyclists to carry insurance coverage.

The state requires riders to carry a minimum of $50,000 for injury/death to any one person, $100,000 in bodily injury liability for a single Maine motorcycle accident resulting in the death or injury of more than one person, and $25,000 in property damage coverage. State law also mandates uninsured/underinsured motorist coverage.

If an auto insurance policy is cancelled and not reinstated prior to a crash, obtaining coverage can prove difficult, if not impossible. One aspect our Maine injury lawyers would explore in that case is whether the insurer satisfied the statutory notice requirements as set forth in 24-A M.R.S. Section 2914(1).

November 1, 2017

Wife of Man Who Died in Maine Car Accident Suing Nightclub That Served Drunk Driver

by Peter Thompson & Associates

The widow of a man killed when he was struck by a drunk driver in Maine on New Year’s Day is suing both the driver and the nightclub that served her alcohol earlier in the night.

The 30-year-old defendant driver, who was allegedly drunk, had reportedly been consuming alcohol at the Sapphire Nightclub and Event Center in Auburn, ME on New Year’s Eve, 2016. When the defendant driver left the nightclub after 1 a.m., there was snow on the ground, reducing visibility and traction. Her vehicle slammed into the rear of a parked vehicle, out of which the decedent was in the process of exiting. As a result of the impact, the 41-year-old decedent suffered spinal fractures, numerous broken ribs, and a ruptured aortic arch. His injuries proved fatal, though his widow describes him as enduring conscious pain and suffering before he died.

According to the SunJournal.com, the plaintiff alleges the nightclub served the defendant driver numerous alcoholic beverages on the night in question, allowing her to become highly intoxicated and not fit to safely operate a motor vehicle.

October 25, 2017

Bangor Dog Bite Injury Proves Fatal to Infant

by Peter Thompson & Associates

A family is mourning the tragic loss of their infant after a reported attack on the child by the family’s dog. The Bangor Police Department reported emergency responders were called to the family home about an injured infant, who was transported to Eastern Maine Medical Center. Sadly, the child died of those injuries about a week later.

The death is under investigation by police. This devastating incident underscores the fact that of the 4.5 million dog bites reported by the U.S. Centers for Disease Control and Prevention (CDC) each year, it is children who are the most at risk.

While there are almost always a handful of Maine dog bite attacks reported annually, they are not often fatal. Six years ago in Frankfort, a seven-month-old infant was mauled to death by the family’s Rottweiler while at home with her mother and toddler brother. Then, in Corinna last year, a seven-year-old was killed in an attack by a pit bull while playing outside his father’s home.