Maine Injury Lawyer Blog

November 15, 2014

Alcohol + Texting + Teens + Driving = Tragedy

Nearly three years ago, two Paris teens were killed and two others injured after the driver (one of those hurt) had been drunk and texting behind the wheel when she lost control of the vehicle and crashed into a cluster of trees.

Now, that driver has been convicted of two counts of manslaughter and leaving the scene of a crash and sentenced to 18 months in prison. Now 21 and the mother of a 1-year-old, she faced 30 years of incarceration on the manslaughter charges.

At trial, witnesses testified the driver was drunk when she arrived at the party. She continued to drink. She laughed off a crash that happened just a few hours earlier, when she was turning her car in circles in the driveway and slammed into a tree stump. She was drinking up until a half hour before the fatal crash. She refused to let anyone else drive the vehicle.

November 3, 2014

Two Die in Fatal Maine Crash, Distraction Blamed

by Peter Thompson & Associates

There is perhaps nothing more devastating than losing a child.

Another mother in Maine now knows that pain, as well as the guilt of knowing she might have prevented the crash that killed her son, a high school football player, if only she’d been paying attention behind the wheel.

Authorities say the mother was driving in Bridgton when she reportedly drifted left of center because she was distracted in an exchange with her son in the back seat. When she realized she drifted, she swerved right and slammed on the brakes, causing her to lose control of the car, which careened off the road and into a patch of trees. Not only did her 16-year-old son die, but her 35-year-old boyfriend was killed.

October 25, 2014

Bangor Student School Bus Injury Reported After Child Struck by Car

by Peter Thompson & Associates

An elementary school student was struck and seriously injured by a vehicle while boarding a bus in Sedgwick recently. The child was later transported to Eastern Maine Medical Center in Bangor. Coincidentally, the accident occurred just days before National School Bus Safety Week, Oct. 20-24.

According to the Maine State Police, the crash occurred as the child was boarding the bus to school around 7:30 a.m. The bus slowed with its yellow flashing lights to indicate it was preparing to stop to pick up the girl. However, she was not standing outside as usual, so the driver pulled to the side of the road and turned off the yellow flashing lights, an indicator that through traffic was allowed to pass. As a 64-year-old driver was passing the bus, the girl raced out into the street, thinking the bus was stopped for her. (It was, but the absence of yellow flashing lights meant it wasn’t safe for her to cross.)

The private busing company that provides service to the school district declined to comment.

October 20, 2014

Maine Hayride Goes Horribly Wrong, 1 Killed, 22 Injured

by Peter Thompson & Associates

What began as a fun way to kick off the fall festivities ended in tragedy recently when those aboard a haunted hayride in Maine were dragged by an out-of-control Jeep towing a trailer with nearly two dozen passengers down a steep hill.

All 22 injured passengers and the driver were thrown when the Jeep struck a tree. A 17-year-old girl was killed. Although police in Mechanic Falls are still investigating the exact cause, they suspect brake problems with the 1979 Jeep are to blame.

From a personal injury and wrongful death standpoint, there are numerous individuals and entities that are likely to find themselves named as defendants. The driver would be one. The owner of the vehicle, if different than the driver, would likely also be named, as would the event organizers. The land owner or possessor also may face premises liability claims if there is reason to believe the property was in an unsafe condition and there was no warning.

October 10, 2014

Dangerous Property Poses Hazards for Maine Tenants

by Peter Thompson & Associates

Tenants in a downtown apartment complex in Brunswick were evacuated from their homes recently when fire department officials deemed the rampant code violations a threat to their safety. According to the Bangor Daily News report, those conditions included:

Blocked emergency exits;
Non-functioning smoke-detectors;

September 10, 2014

Teen Driver in Fatal Maine Crash Convicted, Sentenced

by Peter Thompson & Associates

A 17-year-old from Bucksport entered the equivalent of a guilty plea in juvenile court to a manslaughter charge after her engagement in a drag race resulted in a crash that killed her 15-year-old friend. The vehicle veered out of control and struck a tree.

The victim, a popular student and cheerleader at Bucksport High School, was pronounced dead shortly after being transported to the hospital. The incident occurred last October, just minutes after the friends left a dinner hosted for student cheerleaders and football players. The driver, then 16, was seriously injured, but survived.

Our Bangor car accident attorneys know this crash, as horrific as it was, has the potential to serve as a stark reminder of the dangers teens face behind the wheel – an especially timely message as we enter the school year. Many students are entrusted for the first time with regular use of a vehicle to go back-and-forth to classes and various after-school functions. It’s imperative that parents remain involved, and ensure teens are following their own rules, as well as the law.

September 3, 2014

Maine Authorities Tackle Distracted Driving

by Peter Thompson & Associates

Noting dire consequences when motorists fail to focus behind the wheel, Gov. Paul LePage has vowed legislation and a series of other awareness initiatives intended to put the brakes on distracted driving. He noted fines are an ineffective solution, and vowed to introduce a measure that would result in license suspension instead.

While he works on introducing a bill in that vein, the Maine State Police have teamed up with trucking firms to launch a public education campaign. The sides of big rigs will be emblazoned with messages such as, “One text or call could wreck it all.” Meanwhile, state troopers will be upping enforcement against distracted driving on the highways.

Our Bangor car accident lawyers know Maine is not among the 12 states with a prohibition on cell phone use, which is unfortunate because numerous studies have indicated that talking on one’s phone – even using a hands-free device – is extremely dangerous. Dialing, texting, reaching for the phone and talking sharply raise the risk of a crash or near-miss – especially for younger drivers. State lawmakers do forbid novice drivers from using cell phones, so that is a start. So too is the ban on text messaging, which is considered a primary offense for which officers can stop a vehicle. However, many say those efforts don’t go far enough.

August 25, 2014

“Multiple Occurrences” in Maine Auto Insurance Coverage

by Peter Thompson & Associates

Police in Augusta responded to a multi-vehicle pile-up in both the north and southbound lanes of Interstate 95, caused initially by one 20-year-old driver who failed to slow down in time to avoid a collision with a tractor-trailer ahead. This set off a chain reaction of events, which included several vehicles slamming into the wreckage. One of those vehicles contained a loaded gun. When that vehicle caught fire, a gun inside exploded, causing 40 bullets to explode within a 10-minute time period.

The crash resulted in numerous injuries, and a mass of mangled metal that closed the interstate for hours while authorities worked to aid the injured and clear debris. Authorities were still investigating, but anticipate filing charges in relation to the crash.

Undoubtedly, the incident will also give way to a flurry of auto insurance claims, and potentially some civil lawsuits if those agencies aren’t forthcoming in paying those claims. Our Bangor car accident lawyers recognize that one of the elements that can complicate situations like this is the question of singular versus multiple occurrences.

August 8, 2014

Speeding Crackdown in Construction Zones Aims to Prevent Bangor Traffic Collisions

by Peter Thompson & Associates

A worker was moving a barrel in a construction zone on Interstate 95 in Bangor recently when a speeding car zipped by – and nearly struck him. He was only saved by his quick reaction when he leaped behind a concrete barrier to avoid a direct hit, which would have almost certainly meant serious injury or death. Instead, the 44-year-old driver struck the barrel.

He was later charged with speeding (65 mph in a 45 mph construction zone) and failure to obey a traffic control device.

Our Bangor personal injury lawyers understand this incident prompted the Maine State Police to set up a speed trap in the area. Authorities say the results were revealing. In just two hours, the five troopers assigned to the detail handed out 25 tickets amounting to more than $10,000 in fines. The primary focus: driver speed and distraction in construction zones.

August 4, 2014

Brown v. Austin: Hunting Death Weighed by Maine Court

by Peter Thompson & Associates

The Androscoggin Superior Court has granted a pre-judgment writ of attachment requested by the surviving family of a man killed in an apparent hunting accident near his home.

In the case of Brown v. Austin, the judge ruled it was more likely than not that the plaintiff will succeed in the wrongful death lawsuit, and therefore granted a writ of attachment (seizure of assets) in the amount of $30,000 prior to trial. Plaintiffs in these cases can be entitled to receive up to $500,000 under state law – and it’s possible the plaintiff could ultimately be awarded that much. The writ is what ensures she will collect at least the $30,000 if successful at trial.

With the fall hunting season upon us, our Bangor wrongful death lawyers believe this is an important time to note that hunters are required by law to follow reasonable and prudent standards when targeting prey.