Maine Injury Lawyer Blog

August 1, 2013

Drunk Driving a Costly, Risky Chance in Maine

A local man, who reportedly slammed into a parked vehicle, is now facing some serious charges. According to The Bangor Daily News, the accident happened on Broadway near the John Bapst Memorial High School just after midnight.When officers arrived at the scene of the accident, the driver was gone but they were able to find him shortly after, hiding under a porch on Penobscot Street. The porch he was hiding under was the porch of his own home. He has been charged with drunk driving as well as leaving the scene of an accident.

Our Portland drunk driving accident lawyers understand that there are thousands killed each and every year in the U. . in drunk driving crashes. These accidents are completely preventable, yet they continue to account for more than 30 percent of all of the traffic fatalities we observe each and every year.

It’s pretty black and white. In Maine, if you are driving a motor vehicle with a blood-alcohol content of .08 percent or more, you are guilty of a criminal offense known as Operating Under the Influence (OUI), according to the Maine Department of Public Safety. If you’re under the age of 21, you are not allowed to have any alcohol in your system when behind the wheel of a motor vehicle. Officers practice a strict zero tolerance policy with this one.

And not only do you want to stay out from behind the wheel when you’ve been drinking because you could wind up in a potentially fatal accident, but you also run the risk of landing in jail with a charge that can cost you roughly $7,000.

According to MSN Money, the costs associated with this charge come from court fees and fines, OUI classes, driver’s license fees, attorney fees, increase insurance rates, ignition interlocks and various other costs.

It’s a headache you should just want to avoid. You’ll have to take days off of work to appear in court. You might end up serving jail time. You’ll have to dish out cash for the court’s time. You’ll have to take alcohol-related courses. You could get slapped with a costly ignition interlock. You could end up paying a lot to get your license reinstated. You’re going to have to pay more for car insurance because companies now see you as a risk.

Just for a first offense, you’re looking at 30 days behind bars, a license suspension for 90 days and a fine of $500. In addition to all of these costs, you could lose your job and even be skipped over for new job opportunities. A drunk driving conviction doesn’t look good on anyone’s record.

These are risks that anyone and everyone should want to avoid. Stay safe and stay sober behind the wheel to avoid a whole heap of problems this summer.

July 20, 2013

Maine Travel Safety: Tire Wear and Heat Increases Risk for Traffic Accidents

by Peter Thompson & Associates

The summer’s is at its peak, as is that heat as the Maine tourism season heads towards autumn. Tire safety will be particularly important through the remainder of the summer travel season, according to the National Highway Traffic Safety Administration (NHTSA).

Tire failure accounts for about 11,000 accidents each and every year. Some of the most common causes for these accidents are blowouts, tread separations, under-inflation and tread separation.Our Portland car accident lawyers understand that under-inflated tires not only increase your risks for an accident, but also hinder your fuel economy. When your tires are not properly inflated, you can lose more than 3 percent of your fuel money. But in addition to the risks affiliated with under-inflated tires, the heat is also causing some concern. As the temperatures rise, our risks for tire malfunctions increase as well.

Properly-maintained tires can help to improve your stopping distance, your traction and your steering and control of your vehicle.

Here are some simple safety tips to make sure you’re on the right road:

-Make sure you know the recommendations for tire pressure in pounds-per-square-inch (PSI). This information can be found inside the door of your vehicle or inside the owner’s manual.

-Consider keeping a tire gauge in your vehicle. You can lose tire pressure in your vehicle each month. You want to make sure you’re checking your tire pressure at least once a month.

-If your vehicle has a monitoring system that shows up on your dashboard, you should give it immediate attention once it’s activated.

-Check the owner’s manual to see the recommended amount of time for tire replacement. Some should be replaced every 6 years, while others require replacement every 10 years. Some tires may need replaced every 18 to 24 months, depending on wear.

-Keep an eye out for treadwear indicators. These are raised sections spaced throughout the bottom of the tread grooves. When you see them, it’s time to replace your tires.

-Give the penny test a whirl. What you do here is put a penny in the tread of your tires with Mr. President’s head upside down. If you’re able to see the top of his head, you should go get some new tires. They’re too worn and they could present some serious problems.

-Be aware of tires on vehicles with occasional use – like recreation vehicles, collector cars, community vehicles, and 15-passenger vans – as they are also susceptible to tire aging.

-Remember that more vehicles experience tire problems when driven under adverse roadway conditions (wet roads, roads underwater, slick roads).

By following these simple tips, you can prevent a potentially fatal and costly accident during your summer travels. Be ready, be prepared and be proactive.

July 15, 2013

Remember to Watch for Bicyclists Throughout The Summer

by Peter Thompson & Associates

A 23-year-old rider was hit and killed in Maine recently. It wasn’t just any ordinary ride either. It was a part of the American Lung Association’s Trek Across Maine — a 180-mile bike tour, according to the Boston Globe.According to Maine State Police, the rider was biking down Route 2 just before 9:00 a.m. when a passing tractor-trailer struck him. According to accident reports, the truck didn’t even stop after the collision.

Our Portland bicycle accident lawyers understand that this trek across Maine is very important to a lot of people. The “trekkers” are required to raise $500 in order to ride, and that’s money raised for a good cause. And bicycle safety is also important to many others.

Unfortunately, we have a lot of work to do in helping to keep these riders safe. According to the National Highway Traffic Safety Administration (NHTSA), there were close to 1,000 bicyclists killed on America’s roadways in 2011. These fatalities accounted for about 2 percent of all traffic fatalities for the year. That may not seem like a lot, but it’s more serious that you might think.

In addition to all of the bicyclists killed, there were another 50,000 who were injured. And many of these accidents could have been prevented with a little more awareness.

The truth of the matter is that bicycling is not only a popular form of transportation for residents and visitors throughout the area, but it is also a recreational and fitness activity enjoyed by those of all ages — with close to 90 million adults and children riding their bikes every year. Bicycling enhances your physical health, mental outlook and overall quality of life.

Luckily, officials with the Maine Department of Transportation (MaineDOT) are here with some important bicycling safety tips to help to make sure that everyone gets to where they’ve got to be safely.

Simple Safety Tips:

-Whenever you go out riding, make sure you’re wearing a helmet. A helmet is your best bet against injury and death in the event of an accident.

-Always obey the laws of the road. You have to follow these laws, too.

-Ride with traffic (in the same direction as it). Use a bike path whenever there is one available.

-Keep an eye on your bicycle with routine checks and inspections. Maintenance is a good way to avoid a potentially dangerous bicycling mishap.

-Stay visible. Wear bright and reflective clothing to help ensure that motorists see you.

-Keep an eye out for road hazards. You can avoid dangers and risks by staying aware of your surroundings at all times.

-Never overload your bicycle. When carrying items with you, use a backpack, a secure rack on the back of your bike or safe bike bags.

-Be sure to signal all stop and turns.

-Be ready to ride in all conditions.

July 1, 2013

Fourth of July Accident Risks in Portland

by Peter Thompson & Associates

SAFE KIDS Maine warns that celebrators (of all ages) are at some serious risks for burn, cut and other serious injuries through the Fourth of July holiday.According to the Consumer Product Safety Commission (CPSC), there are 200 a day (on average) who are sent to the E.R. because of a firework-related accident in the month that surrounds the Fourth of July. That’s about 90 percent of all of the fireworks accidents we saw in 2012. Homemade and illegal fireworks were involved in all 6 firework-related fatalities during the year.

Our Portland personal injury lawyers understand that the hands and fingers are the most commonly injured body parts in these kinds of accidents. But the truth of the matter is that there’s a lot more to risk during this time of the year. Following hands and fingers, heads, faces and ears are the second most common body parts to be injured in firework accidents, following by the trunk. In these accidents, more than half were burns.

Injuries by Fireworks Type:

-Unspecified – 25 percent.

-Firecrackers, 23 percent.

-Bottle Rockets: 12 percent.

-Sparklers – 12 percent.

-Reloadable Shells: 9 percent.

-Novelties: 5 percent.

-Roman Candles: 4 percent.

-Multiple Tubes: 3 percent.

-Fountains: 2 percent.

-Public Displays: 2 percent.

According to the CPSC, those between the ages of 25 and 34 are the most likely to be injured in these kinds of accidents. Men are more likely to be injured than woman.

Males were most injured from firecrackers, roman candles, reloadable shells, sparklers, novelty devices and rockets while women were most injured at public fireworks displays. Men account for about 75 percent of all firework-related injuries while women only account for 25 percent.

Before planning for your Fourth of July celebration, you want to make sure that fireworks are legal in your area. You should also keep them away from children and only use them one at a time. Any kind of altered firework can serve up some serious risks for an accident, so make sure you read the instructions and the warning labels before use.

You’re also asked to be extremely cautious on our roadways over the holiday period. Fourth of July continues to rank more deadly than any other holiday throughout the year. With the increase in travel, your risks for an accident skyrocket.

It is usually the day of cookouts and fireworks, but the fourth of July is also the day that close to 135 people die on the roads each year, according to the Insurance Institute for Highway Safety (IIHS).

That’s why, in addition to firework safety, our personal injury attorneys are stressing that motorists buckle up, drive at safe speeds, pay attention behind the wheel and be sure to plan ahead for a sober ride for the holiday.

We wish you a safe and Happy Fourth of July.

June 28, 2013

Traffic Death Toll Rises Nationwide, NHTSA Reports

by Peter Thompson & Associates

Initial statistics from the National Highway Traffic Safety Administration are that the number of traffic deaths in the U. . has risen by nearly 5.5 percent just in the last year.Unfortunately, that trend doesn’t seem as if it will be abating anytime soon.

SerioussBangor car accidents have so far been plentiful this summer.

A two-car crash around 7:45 a.m. on a Friday on Norridgewock Road resulted in injuries so severe that one woman had to be airlifted by helicopter to the nearest hospital. According to investigators, a 19-year-old female drove directly into the path of a 28-year-old female, with two young children in the vehicle with her, while traveling 55 miles-per-hour. The 19-year-old was listed in critical but stable condition.

Earlier that same day, a tractor trailer crash resulted in the death of a 23-year-old bicyclist.

The day before, a man was killed in a single-car Trenton crash after losing control of his vehicle around a sharp turn, running off the road and slamming into several sizable trees.

And in Augusta, two people were killed when a truck, driven by a Chinese national, crossed the center line and struck a vehicle in oncoming traffic. Both drivers were pronounced dead.

All of this was within a matter of just a couple days. When you start to analyze these figures, those statistics seem to hit the mark, and drive home the point: It’s getting more dangerous out there.

The NHTSA reports that there were 32,267 people who lost their lives in traffic fatalities in 2011. Initial reports from 2012 are that 34,080 people have been killed in motor vehicle crashes. If this figure holds true when the final counts are in, it will be the first annual increase in traffic fatalities this country has seen since 2004-2005. Since that year, it’s dropped about 25 percent.

The figures seem to suggest that we saw an especially dramatic spike of fatal crashes in the first quarter of last year – a 12.6 percent increase. An uptick that high hasn’t been reported since the late 1970s.

Part of the reason we’re seeing these figures climb is that more people are driving than in recent years. We saw a 0.3 percent increase in the number of vehicle miles traveled, which amounted to a total of more than 9 billion last year. That’s a direct result of a steadily improving economy. More people have jobs to drive to and from, more people can afford gas and cars, more people are ordering products and services delivered by truckers and people are more apt to take road trips and vacations than they were before.

Still, this does not give license to people to drive carelessly or under the influence or while negligently fatigued. These remain the top reasons for fatal traffic collisions, and they are all 100 percent preventable.

June 22, 2013

Rising Temps Increasing Risks for Child Heatstroke in Vehicles

by Peter Thompson & Associates

Here in Portland, we’re seeing temperatures flirt with the 80s, and that means that we all need to start paying attention to our children a little more — especially when in a motor vehicle.We’re targeting the risks for child heatstroke resulting from being left inside a vehicle. Our Portland child injury attorneys understand that there have been eight reported fatalities from these accidents already in the U. . this year. Unfortunately, many of these accidents are just that — ACCIDENTS. Even the most loving and caring parents can fall victim to these circumstances. And that’s why we’re here with some important information to help to make sure that it doesn’t happen to you.

And we’re not alone. Recently, officials with the National Highway Traffic Safety Administration (NHTSA) announced that they were teaming up with safety advocates from Safe Kids Worldwide and other various organizations for the “Where’s baby? Look before you lock.” safety campaign.

“Child heatstroke in a hot car can happen to any caregiver from any walk of life, even to the most loving and conscientious parents,” said David Strickland, NHTSA Administrator.

According to NBC News, it only takes 10 minutes for the temperature inside a vehicle to rise by 20 degrees; within 30 minutes, it can climb by 34 degrees. That means that even with our mild temps in the 70s, it will only take a matter of minutes before temperatures inside the vehicle reach deadly levels.

“This can happen to anybody,” said Janette Fennell with KidsAndCars.org.

You’ve also got to remember that a small child’s body heats up much faster than our adult bodies. So what you may not think is hot, might be a whole different story for a small child. When their body temperature exceeds 104 degrees, you’re asking or trouble. It only takes an internal temperature of 107 for them to die.

The most important thing you can do is remember to check the backseat of your vehicle before shutting it off and locking it up. Quiet, sleeping children can oftentimes be forgotten. Leave something in the front seat to help to remind you to check for children. Keep something important back there so you’re forced to go back and check before leaving.

Make sure that you teach your children that vehicles are not playgrounds. Never let them around vehicles if they’re not supervised and keep your keys out of sight and out of mind.

Share these tips with friends, family members and care providers to make sure everyone is on the same page and keeping your child’s safety as a number on priority.

If you see a child that is alone in a vehicle, call 9-1-1 right away. Try to get the child out and cooled off as quickly as possible if you can. Your intervention could wind up saving their life.

June 14, 2013

Prevent Maine Car Accident Risk on Road Trips

by Peter Thompson & Associates

The pair were apparently on their way to a beach vacation, as evidenced by the fact that emptied suitcase, piles of clothing, a beach umbrella and a cooler were strewn about the roadway.The crash, on Interstate 95 near Pittsfield, sent both occupants to the hospital, one with potentially life-threatening injuries. Maine State Police have reported that the driver was speeding when he approached a smaller-moving vehicle, swerved to the left and lost control of the vehicle, causing the car to crash.

Our Bangor personal injury lawyers know this was not the way these two intended to spend their vacation. We are thankful no other vehicles were involved, and we hope these two make a full and swift recovery.

It’s our hope that other Maine road-trippers will avoid this same fate by taking into account the recent safety advisory issued by the National Highway Traffic Safety Association.

Summer is by far the busiest travel season. Maine is a prime destination, but many locals prefer to travel out-of-state to holiday.

Everyone should of course adhere to local laws, which include refraining from speeding, driving intoxicated or texting/operating an electronic device while behind the wheel.

Drivers on road trips, though, should also take special care to provide ample travel time to account for delays (so you aren’t tempted to speed or drive aggressively), make sure you get plenty of rest (so you aren’t driving when you’re too sleepy to do so safely), have your route well-mapped out before you go and keep your vehicle in good working order.

Regarding the last item, many drivers may be unsure of exactly what they need to do to ensure a road-worthy vehicle. Use this as your vehicle safety checklist:

Keep up on your regular maintenance. This is good advice in general, but it’s especially important if you plan to take your vehicle long distances. This means you want to maintain the schedule for oil changes, tune-ups, tire rotations and battery checks. All of this will help you to avoid an unexpected breakdown, which is particularly unpleasant if you’re in an unfamiliar area far from home.

Avoid a blowout or flat tire by using the tire pressure gauge to ensure your tires are all properly inflated.

Make sure all the belts and hoses under the hood are in decent shape, with no signs of serious wear and tear. Bear in mind that summer heat can accelerate the rate at which hoses and rubber belts degrade.

Swap out your wipers, if you haven’t done so in a while. Clear vision is critical in a road trip, and blades that are old won’t offer you that. This is a cheap fix that can literally be a life-saver.

Make sure all your lights are working properly. This includes not just your headlights, but your brake lights, your emergency flashers, your turn signals and your interior lights. For those in an RV or trailing a boat, check the trailer lights as well.

June 7, 2013

Maine Boating, Pool Injuries Spike in the Summer Time

by Peter Thompson & Associates

Last year, the number of boating-related deaths in Maine was on par with those in Florida, a state that is more populous, surrounded by more water and where the season isn’t hampered by weather.Our boating accident lawyers understand that in the last five years, 43 peopleshave been killed in 39 separate boating crashes in Maine. The total number of accidents during that same time frame was 206, meaning that 20 percent of all boating accidents result in death.

Compare that to other high-boating states: In Minnesota, the percentage is 18 percent; In Florida, it’s 9 percent; In New York, it’s 14 percent.

Every day in this country, someone is injured or dies in a boating accident every 2.5 hours. In Maine, the summer season means we’ll see a spike of these occurrences.

The same can be said for pool-related injuries and deaths. The Maine Department of Health and Human Services reports that approximately 30 people in the state die each year of accidental drowning. Nationwide, it’s the No. 1 cause of death for children between the ages of 1 and 4. More than half of all drowning victims are under the age of 5.

With regard to boating accidents, the one good bit of news is that almost all states now have laws that bar operation of a vessel if one is intoxicated or has a blood-alcohol content of 0.08 percent or more. Georgia recently reduced its legal BAC from 0.10 to 0.08 percent. The only other states that remain at the 0.10 BAC legal limit for boaters are Michigan, North Dakota and Wyoming – and the latter two are land-locked.

Last year, the U. . Coast Guard reported that alcohol was a factor in some 17 percent of the more than 650 boating deaths nationally. That was a slight increase from what we saw the year before, when alcohol accounted for 16 percent.

A former longtime Maine Marine Patrol officer, now the director of law enforcement for the National Association of State Boating Law Administrators, was quoted by USA Today as saying that law enforcement reaction to those who are boating while drunk has shifted. It used to be, he said, that intoxicated boaters were simply given a warning and told to go home. Now, he says, if a person is over the legal limit, he or she will be arrested.

That’s one piece of the puzzle – but it’s not everything. The NASBLA reports that in addition to alcohol consumption, other leading factors of boating fatalities are:

Operator inexperience;
Operator inattention;
Excessive Speed;
Improper loading;
Overloading.

All of these scenarios are preventable.

The same can be said of child drowning. While an incredibly tragic situation, it’s almost always preventable. An excellent article recently published by Slate.com discusses the deceptively quiet nature of drowning, and how you can potentially spot it while occurring (it’s not as easy as you might think).

As for prevention, the National Drowning Prevention Alliance recommends the following:

Always know where your children are. Never leave a child unattended in or near water in a pool, bathtub, lake, canal, ocean or even buckets, aquariums or kiddie pools.
Always take note of any potential dangers in your environment, particularly if you are visiting a home or other place with a pool, spa or pond.
Instruct caregivers or babysitters about the potential hazards of a pool and stress the need for constant barriers and supervision.
If a child does go missing, always check the spa or pool first, as seconds can be crucial.

May 23, 2013

Eliminating Risks for a Memorial Day Weekend Traffic Accident

by Peter Thompson & Associates

Whether you’re from here, or you are up visiting for the holiday, all drivers are asked to be safe out there as our roadways will be packed with long-weekend, Memorial Day vacationers.

Our Portland car accidents attorneys are asking you to take a few precautionary steps to make sure that your holiday travel runs smoothly. We’re here with officials from the Maine Department of Transportation (MaineDOT) to offer you some tips to make sure that your vehicle is ready for the haul. Avoiding breakdowns is one of the most beneficial ways to prevent a roadside accident.Here are some reminder tips for a safe trip:

-Take a look under your hood and make sure that all of the fluid levels are topped off. This includes your windshield wiper fluid, brake fluid, coolant and oil.

-Make sure that all of your tires are properly inflated and that the tread is not too worn.

-Before heading out, it’s a good idea to check the www.511maine.gov website for the latest travel conditions. Plan out your route before starting up the car. It will help you to stay off of busy roadways.

-Are there any repairs you’ve been putting off?sNow is the time to do it. Don’t take the chance.

-Check your blinkers, taillights, headlights and side marker lights. You want other vehicles to know where you’re going and when you’re going there. Predictability is a good way to help to prevent an accident.

-Are your windshield wipers working efficiently?s

-Have you packed your vehicle so that your visibility is not hindered?sIf your luggage is stored on the roof, make sure it’s secure.

The Memorial Day holiday weekend is not only the kick off to our summer travel season, but it’s also one of the most dangerous weekends to be behind the wheel. According to the National Safety Council (NSC), there will be more than 405 people who will be killed on our roadways during this holiday weekend. Officials also predict that nearly 44,000 people will be injured in traffic accidents during this time.

One of the most important things that you can do to help protect yourself is to buckle up during each and every car ride. Seat belts are your best bet against the risk of injury or death in the event of a traffic accident. Make sure everyone in your vehicle is buckled in every time.

Consider this your reminder to get your vehicle checked out, make sure you’re ready for anything the roadway as to throw your way, you’re prepared for the traffic and congested conditions and you plan for your trip in advance. Preparation is the best way to help eliminate your risks for an accident. Stay safe out there and enjoy the holiday weekend.

May 22, 2013

Traffic Collision Reduction Goal of Federal Infotainment Guidelines

by Peter Thompson & Associates

Federal regulators are hoping to reduce the number of car accident injuries in Maine and throughout the country by introducing auto manufacturer guidelines on infotainment centers that will hopefully cut down on driver distractions.Bangor car accident lawyers know that distraction is one of the top causes of serious and fatal crashes, and one of the driving forces are the electronics that are built into our vehicles. These include navigation features, Facebook access, digital music databases, internal WiFi, in-dash voice-activated calling and rear-view camera systems.

When they’re at their best, these devices can serve to reduce distraction levels by limiting the amount of attention we pay to handheld devices. But the National Highway Traffic Safety Administration says that too often, these high-tech offerings are in themselves becoming a distraction. That’s why the administration is requesting a voluntary adoption that would restrict systems that requires drivers to push buttons or otherwise manually input information into the built-in systems while the vehicle is moving. Preferably, those systems would be voice-activated.

The ultimate goal with the new rules would be to ensure drivers aren’t taking their eyes off the road for intervals greater than two seconds. Aside from quick glances, the administration holds that no task should consume more than 12 seconds.

Even that, we believe, is really pushing it. A vehicle traveling 55 miles per hour for 12 seconds will cover about 1,000 feet. That is nearly three football fields in length. There is a lot of damage one can do in the span of three football fields while traveling at 55 miles per hour.

A recent study showed that text messaging typically required drivers to tear their eyes from the road for an average of 24 seconds, tripling and sometimes quadrupling the risk of an accident.

The guidelines presented by the NHTSA are based on those that were drawn up by the Alliance of Automobile Manufacturers, which pledged support to the goal of reducing distracted driving.

Still, it could be several years before the new measures are fully adopted and integrated. The agency said it did explore making the guidelines mandatory, but said it would require more study to determine whether compliance could be uniformly evaluated.

However, some manufacturers may be ahead of the curve. Honda, for example, hasn’t allowed addresses to be typed into navigation systems of moving vehicles since last year. BMW doesn’t allow video displays in moving vehicles, though it does allow data to be input manually.

So far, the NHTSA hasn’t indicated there would be any penalty for auto makers that don’t comply, to the dismay of the Consumers Union, which is the advocacy division of Consumer Reports. However, the potential for liability in civil litigation could be enough to prod them into action. If a personal injury attorney could prove that a driver crashed while operating a navigation system in a moving vehicle in a newer model after the guidelines were recommended, that could be grounds for manufacturer liability.