Maine Injury Lawyer Blog

August 4, 2014

Brown v. Austin: Hunting Death Weighed by Maine Court

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.

July 27, 2014

Howe v. MMG Ins. Co. – Dangerous Dog Bite Liability in Maine

by Peter Thompson & Associates

During the summer in Maine, we inevitably see an uptick of dog bites as more folks are out-and-about enjoying the nice weather. Many are accompanied by their dogs, or they may be more lax regarding their dog’s outdoor enclosures.

Portland dog bite lawyers want to point out that Maine is a strict liability state with regard to dog bites. That means if a dog injures another person, the owner or keeper is liable for whatever damages result. M.R.S.A. 3961 holds that any fault on the part of the injured party won’t reduce damages covered, unless the court finds that fault exceeded the fault of the owner.

In instances of dogs biting children, this is rarely an issue because owners are supposed to recognize that children do not have the foresight as adults when approaching and handling dogs.

July 17, 2014

Bangor Injury Lawyers Must Often Fight for Uninsured Motorist Coverage

by Peter Thompson & Associates

A Bangor man is facing numerous charges following a hit-and-run crash that occurred late one recent weeknight.

According to the Bangor Daily News, the 32-year-old crashed into a moving van that was parked on Ohio Street. Inside the van, a passenger was injured. By the time police arrived, the at-fault driver had fled. Police then received a tip from a caller who said a man she knew was at her door, covered in blood. He had been drinking alcohol, and she had warned him earlier not to drive. He matched the physical description of the driver who fled. Officers arrived, and the man ran away on foot, but was caught soon after.

Bangor hit-and-run accident attorneys know the plaintiff in this case was fortunate that police were able to catch the man, and further that he was tracked while there was still alcohol in his system. This will allow prosecutors in the criminal matter to make a strong case for OUI, as well as leaving the scene of a personal injury crash.

July 7, 2014

Fatigued Truckers a Serious Problem in Maine

by Peter Thompson & Associates

A large truck crash that critically injured comedian Tracy Morgan and killed one of his colleagues recently spotlighted the ongoing problem with truck driver fatigue. The trucker had reportedly been awake for 24 hours prior to the wreck. Just days before that crash, U.S. Senators – spearheaded by Sent. Susan Collins of Maine – moved to weaken laws intended to curb accidents caused by tired truckers, which is the root cause in roughly 1 in 7 large trucking accidents.

Add to that the fact that one in every 10 fatal crashes involves a large truck, and this is reason for serious alarm.

In Maine, our Bangor truck accident lawyers understand there have been a series of major crashes involving large trucks just in the last few weeks.

July 1, 2014

Strout v. Cent. Me. Med. Ctr. – Maine’s Apology Statute

by Peter Thompson & Associates

In medical malpractice litigation, Maine is one of 30 states to enact a so called “I’m Sorry” law, also sometimes referred to as an “apology statute.” Essentially, our Bangor medical malpractice attorneys know these laws serve to shield health care providers who extend expressions of sympathy following an adverse patient outcome. The laws indicate those statements can’t be used later against the doctor or hospital as proof of an admission of liability.

However, as the recent case of Strout v. Cent. Me. Med. Ctr. shows, the law does not offer absolute protection with regard to these admissions. This is an important point to underscore because medical providers will often attempt to reach out to patients or surviving family in the wake of a poor medical outcome in an effort to minimize the damage, and perhaps deter the patient from filing a lawsuit. It’s important for individuals to save this correspondence, as it could later be useful for the case.

In Strout, the Maine Supreme Judicial Court was tasked with determining whether the trial court erred in allowing portions of a letter from the medical center’s president to the patient into evidence weighed by the jury.

June 11, 2014

Maine Traffic Accidents & Risk of Higher Speed Limits

by Peter Thompson & Associates

In recent weeks, a 21-year-old died after crashing into a tree in Frankfort. Around the same time, a 48-year-old New Harbor man was killed in a Damariscotta crash after losing control of the vehicle and veering off the road. There was also the crash in St. Francis, where a car rolled over and caught fire after the driver lost control.

Bangor car accident lawyers know that every one of these crashes had one thing in common: excessive speed. This isn’t especially surprising, considering the National Safety Council’s indicates high speeds or traveling too fast for conditions is a factor in one out of every three crashes in this country.

And yet, Maine’s Transportation Commissioner has announced the approval of a plan to raise the speed limit on large swaths of interstate highway system. Patches of Interstate 395, Interstate 95 and Interstate 295 are going to see a 5-mph boost in speed limits. Some motorists may already have noted the new signage along some of these areas.

June 1, 2014

Father Sues Bangor, Taser Maker, For Son’s Death

by Peter Thompson & Associates

A man whose son died soon after Bangor police officers used a Taser on him in an effort to wrangle him into custody has filed a lawsuit, naming not only the city police, alleging unnecessary force, but also the maker of the device, asserting the product is inherently dangerous.

The case of McCue v. City of Bangor et al has been filed in Maine’s U.S. District Court, with the father seeking $6.5 million in damages.

Bangor wrongful death lawyers know that in-custody deaths are often the result of violence, improper use of restraint or failure on the part of the institution to have the proper policies or protections in place. This claim is somewhat unique in that it incorporates a product liability claim as well.

May 19, 2014

Maine Supreme Court Rules on Child Lead Poisoning Lawsuit

by Peter Thompson & Associates

When three young children and their parents were exposed to toxic lead in their rented Maine home, they sought compensation through the courts.

After being denied a jury trial on some of the negligence complaints raised, the family lost the remaining claims at trial.

But now, the Maine Supreme Court has found clear errors in the way the trial court handed the case, ruling that the burden of proof was unfairly shifted to the plaintiffs. The victims will now have the opportunity to seek a new trial in the case of Bratton v. McDonough.

May 12, 2014

Maine Motorcycle Accidents Rise a Spring Risk

by Peter Thompson & Associates

As we thaw from a frigid winter season, motorcycle enthusiasts are eager to ride.

The problem is as they emerge from their winter hibernation, car and truck drivers aren’t used to watching out for them. Motorcyclists must drive defensively, or risk a potential crash. Bangor motorcycle injury lawyers note several such incidents recently in the state.

One crash resulted in the death of a 30-year-old motorcyclist in Bath who was struck by a car when the 46-year-old driver turned left. Authorities are still investigating, and have yet to assign fault, though they don’t believe alcohol was a factor.

April 18, 2014

Maine Supreme Court Takes on Underinsured Motorist Coverage

by Peter Thompson & Associates

The Maine Supreme Judicial Court recently sided with the parents of a 16-year-old killed in a 2009 car accident, allowing them to move forward in their quest for underinsured motorist benefits.

The core issue was the content of a verbal agreement that took place when the teen initiated the purchase of a $900 truck from a private owner, less than two weeks before he was involved in a fatal crash in that truck. His parents subsequently sought underinsured motorist coverage from three separate insurance companies.

Bangor car accident attorneys know that the issue of uninsured and underinsured motorist coverage in Maine is one that has vexed many car accident victims. The whole point of these statutes is to ensure that the victim can recover as he would have had the at-fault party been insured to the same extent as the injured party.