Maine Injury Lawyer Blog

October 18, 2017

Report: More Fatal Motorcycle Accidents in Maine So Far Than in All of 2016

The Maine Bureau of Highway Safety reports more people have died so far in Maine motorcycle accidents than in all of last year. In total, 18 people died in fatal motorcycle crashes in 2016, while as of the end of September 2017, 20 people had been killed in such crashes.

The victims ranged in age from 25 to 81, and aside from two who were females, the overwhelming majority of riders affected were male. State statistics show more than half of the riders in fatal crashes weren’t wearing helmets. While Maine does have a motorcycle helmet law, M.R.S. 29-2083, it is not a universal helmet law, meaning only specific categories of riders are required to wear one. Those are operators and riders under 18, as well as those operating a motorcycle with a learner’s permit or within one year of completing the driving test or while riding as a passenger with someone who is required to wear a helmet.

In those situations, when it comes to personal injury litigation, this fact could be used to reduce the damages awarded to motorcycle accident victims. However, it does not in and of itself release negligent drivers from liability. Anyone injured in a motorcycle accident or survivors of those killed in motorcycle crashes – helmet or no helmet – should discuss their legal options with an experienced injury lawyer.

October 4, 2017

Maine Liquor Liability Act May be Applied in Fatal Crash

by Peter Thompson & Associates

A young man in Maine has been indicted on a manslaughter charge following a Maine drunk driving accident that killed one and left another seriously injured. Although civil liability has not been raised at this juncture, our drunk driving accident lawyers know it could well be an issue in the future, given the facts we know so far.

Many actions for which one might be deemed liable in a civil case are also violations of criminal statutes. While some criminal courts will impose orders of restitution on convicted offenders to be paid to the victim(s), this is separate and apart from civil liability, which should be explored in cases involving serious injuries. For one thing, restitution orders often do not take into account more than medical expenses. Civil liability, meanwhile, will weigh such elements as lost wages, pain and suffering, mental anguish, and loss of consortium. That means one stands to obtain far more compensation in a civil case. This is also true, particularly in drunk driving accident cases, since there is the possibility of third-party liability under Maine’s Liquor Liability Act. Under this provision, one can be sued for up to $250,000, plus medical expenses, for reckless or negligent conduct in serving liquor to a person who is intoxicated or a minor if the defendant disregards the obvious and substantial risk that serving liquor to that person might cause to the drinker or others.

In this case, according to CentralMaine.com, three young men were drinking together at a local restaurant. The defendant driver was reportedly “the most sober” of the trio, so he was designated as the driver that night. He reportedly skidded 300 feet before careening off the road into the opposite travel lane and striking a tree and then a telephone pole. All three occupants were ejected from the vehicle. One of the passengers died, and the other suffered severe injuries.

September 15, 2017

Maine Grocery Store Sued for Premises Liability After Violent Attack

by Peter Thompson & Associates

In the criminal justice system, only those with actual involvement in the crime will be held to account. But in the civil justice system, victims of violent criminal attacks may seek compensation from third parties in some circumstances – even if the third party had no part in the facilitation of the crime. A Maine negligent security lawyer can help bring this type of claim.

Primarily, this occurs in situations in which a property owner or venue had a duty of care to protect customers or occupants, but it failed to do so. Even though a property owner isn’t necessarily aware that a particular crime is about to be carried out, some offenses may be foreseeable, based on:

A pattern of prior similar occurrences on or near that property;

September 8, 2017

Maine Car Accident Kills Teen on First Day of School

by Peter Thompson & Associates

A 16-year-old girl has died after a collision with a dump truck on her way to her first day back to school in Pittston. According to the Bangor Daily News, the crash happened at the intersection of Route 27 and Old Cedar Grove Road. Her younger brother, who was in the front passenger seat, suffered serious injuries but is expected to make a full recovery.

More than 1,000 people attended a candlelight vigil in the teen’s honor, where she was remembered for being smart, athletic, and positive.

Investigators report the teen driver, operating a Jeep, pulled out in front of the truck. The truck then slammed into the driver’s side of the Jeep, causing the Jeep to overturn and come to a rest on the roof. Both teens had to be pried out of the vehicle by rescue workers. The truck driver, meanwhile, suffered only minor injuries.

August 22, 2017

Maine Amusement Park Injury Risks Highlighted in Peak Fair Season

by Peter Thompson & Associates

When seven were injured and one killed on a state fair ride in Ohio, officials with the Bangor State Fair initiated additional safety checks on a ride similar to the one that malfunctioned, to ensure there were no future tragedies. In fact, the Freak Out ride in Bangor is manufactured by the same company that made the ride in Ohio. A specialist is slated to check the ride before the fair opens, the operator told The Bangor Daily News, and the Bangor fire marshal’s office inspectors were dispatched to check all mechanical rides.

Fair injuries are not unique to Ohio. Right here in Maine, four children were injured in two separate incidents two years ago at the Waterville State Fair. In one incident, the Dragon Wagon ride resulted in three child injuries. The very next day at the same fair, a rider in a mechanical swing wasn’t properly secured in the ride, and fell out of the chair during the ride. Two people were later charged criminally in those incidents.

Deaths on carnival rides are relatively rare, but the problem, as noted by experts quoted in USA Today, is there are not enough safety regulations and too few inspectors. From now through mid-September is considered peak fair season, with state fairs popular in Maine and many other states. But the inspections may not be adequate to catch all the potential problems. For example, Ohio reportedly has eight inspectors in charge of permitting some 3,700 rides annually. The question then becomes how many hours of inspection does each ride get? One expert opined a thorough ride inspection takes between one and three days because the inspector must examine x-rays of the joints and welds. Continue reading

August 1, 2017

Misdiagnosis Leading to Maine Girl’s Paralysis Results in $1.9M Settlement

by Peter Thompson & Associates

A Maine girl must now use a wheelchair for the rest of her life after pediatricians wrongfully diagnosed her with severe constipation, rather than the acute leukemia from which she was actually suffering. That was the claim made by the plaintiff in a Maine medical malpractice lawsuit against the practitioners and a walk-in clinic. That claim was recently settled with a $1.9 million settlement, which will be placed into a trust for the girl. Her parents told The Bangor Daily News they hope the settlement will help improve the quality of life for the girl, who will likely never walk again.

According to reports, the girl’s parents brought the six-year-old into a walk-in clinic on one February day in 2014. They knew she was very sick. Two doctors diagnosed her with severe constipation and assured her parents this issue would pass. However, her parents grew increasingly worried because their daughter’s fever did not subside, her stomach grew hard and distended, and her eyes were glazed over.

Concerned, her parents took her to Maine Medical Center in Portland. Four days after seeing the first pediatrician in the walk-in clinic, she was diagnosed with an aggressive form of childhood cancer. Her parents say from the moment she began treatment at the larger facility, their daughter’s health began to improve drastically. However, the delay in her treatment initially resulted in leukemia cells blocking blood flow from the girl’s lower spine to her legs, rendering her paraplegic.

July 26, 2017

Summer Segway Tours in Maine May Pose Risk of Injuries

by Peter Thompson & Associates

A segway is known widely as being the primary mode of transportation for the goofy “Mall Cop” character Paul Blart. Segways, those two-wheeled, one-person motorized transportation devices, are typically seen as innocuous and easy-to-use, if a bit silly-looking. However, as recently reported by The Washington Post, summer Segway tours are increasingly popular throughout the country, including in Maine. But they pose dangers that might not be immediately obvious. As the Post reports, many tourists have suffered injuries as a result of Segway falls.

The Post detailed a case recently in which a reporter looked on as a group of four tourists tried out some final practice moves before heading out for a tour in Washington, D.C. However, one in the group crashed. The New Zealand tourist hit a small bump in the pavement, struck a wall with the handlebars, and then fell over onto the concrete. She immediately grabbed her knee in pain. She was helped into the building and later taken by ambulance to a local hospital. The reporter later learned she had suffered a broken leg and would need surgery upon her arrival back to New Zealand, which was going to occur much sooner thanks to the trip being cut short. In an email, her husband called it “a silly accident.”

However, as our attorneys know, these incidents may actually be a bit more complicated than that, both from a causation and liability standpoint. In fact, these devices may be more complicated to operate than they might appear at first blush. Currently, there are cases pending – some of them multi-million dollar claims – that involve injuries from falls off Segways.

June 23, 2017

Maine Bill Would Make Permanent Life Ban on Driving

by Peter Thompson & Associates

We assume that when someone’s conduct behind the wheel is so egregious they receive a “lifetime driving ban” that it means just that – they’ll no longer be able to lawfully drive. It turns out that it’s not so in Maine.

This was highlighted in a recent case out of Fairfield. There, a man previously from Skowhegan was convicted of drunk driving for a 1996 crash that killed three people and injured two others. For this crime, as part of his sentence, the judge imposed a lifelong ban on his driving privileges. That should have been the end of the story, but as it turns out, there is a loophole in Maine law. If a person’s driver’s license has been “permanently” revoked, they are still allowed to petition the court for reinstatement of that license if 10 years have passed since they were released from prison.

After this case was highlighted by the Press Herald, two lawmakers from central Maine who are members of the Criminal Justice and Public Safety Committee vowed to introduce a bill that would scrap that section of the law. In an interview, they noted it was “upsetting” that the word “permanent” doesn’t actually mean that under state law. They say there should be no chance for a driver like this one to appeal years after a judge ruled they should never be allowed to drive again.

June 16, 2017

Bangor Nursing Home Abuse Investigations Falter

by Peter Thompson & Associates

When nursing home abuse and neglect is suspected in Maine facilities – including those that provide care for vulnerable and disabled adults – it is expected that reports made to the Office of Aging and Disability Services will trigger an independent investigation by the state’s office of Adult Protective Services. However, it appears in a number of cases, that is not happening.

The Bangor Daily News reports that five separate health care providers in a four-county area came forward and shared their referral numbers with the paper. Collectively, there were more than 550 allegations of suspected nursing home abuse, neglect, and exploitation over a four-year span ending in 2015. However, APS had final reports for just 40 of those.

It’s not clear whether the state is simply choosing not to investigate accidents or if the internal standards have changed. What health care providers are telling journalists, however, is that while they continue to file their referrals as suspected cases of abuse arise, they rarely anymore receive reports back from the state about the outcome or even existence of an investigation.

June 9, 2017

Report: 43 Percent of Children Killed in Car Accidents Not Properly Restrained

by Peter Thompson & Associates

A new study published in the journal Pediatrics reveals that 43 percent of children killed in car accidents were not wearing a seat belt or buckled in properly to a car seat. Among children involved in a fatal crash in which someone died (not necessarily them), 20 percent were not properly buckled.

Rates of child fatality varied significantly from state to state, which underscores the argument that public information and state regulations can potentially have a direct impact on motor vehicle safety for children. For example, the U.S. Centers for Disease Control and Prevention (CDC) have reported that seat belt usage tends to be higher for all kids in states that have tighter seat belt laws and enforcement.

In Maine, Maine Rev. Stat. Ch. 19, 1-2801 requires that children under 40 pounds be properly secured in a child safety seat in accordance with the manufacturer’s instruction. The fine is $50 for a first-time offense and cannot be suspended by the court. Passengers under the age of 18 have to be wearing seat belts, and here again, the fine is $50 for a first-time offense.