Maine Injury Lawyer Blog

May 12, 2013

Maine Texting Ban May Not Be Well-Enforced, Report Says

The rush to implement texting-while-driving bans in recent years was viewed as a rush to save lives.But the truth is, such legislative actions do very little if the resulting laws aren’t actively enforced.

Unfortunately, as our Bangor car accident lawyers understand it, very few states appear to have made enforcement a priority.

USA Today reports that while 39 states (including Maine) plus the District of Columbia have enacted driver texting bans since Washington state became the first in 2007, not many law enforcement agencies seem to be taking it all that seriously.

For example, in Tennessee from the beginning of 2010 through April 25 of this year, state troopers reported issuing fewer than 950 texting-while-driving citations. That’s about 24 every month, or fewer than one a day – in the entire state.

In Louisiana, there have been fewer than 1,100 tickets issued since the law passed in mid-2008, meaning troopers have issued less than 18 a month there.

Several states, including Maine, don’t have up-to-date citation information because many agencies don’t even track it.

Maine passed its law in 2011. The law bars texting behind the wheel for all motorists, and it also prohibits cell phone use – both hands-free and handheld – for new drivers under the age of 18. It is also against the law to drive while distracted in this state.

These are primary enforcement measures, which means an officer has the ability to pull you over solely for committing a texting or cell-phone infraction.

But it’s unclear how often police here are doing so. Based on the information that is available in other states with similar laws, it doesn’t look promising. It’s quite troubling when you consider that for some teens especially, the prospect of a ticket is often scarier than the seemingly unreal possibility of death or serious injury.

A number of recent studies have found that drivers know texting while driving is dangerous, but many continue to do it anyway. One of those studies was the AAA Foundation’s Traffic Safety Culture Index for 2012. In that analysis, researchers found that while more than 80 percent of drivers perceived texting and driving as a serious threat to personal safety, approximately 35 percent admitted having done so within the last 30 days.

A representative with the National Organizations for Youth Safety was quoted as saying that regular, consistent enforcement of the laws that are already in place are critical to ensuring they are effective in their intended purpose – which is to significantly drive down the number of distracted driving deaths and injuries.

Officers said in their defense that nabbing a texting driver is not always easy, as many people are working harder to conceal it by holding the phone down lower, so it’s not easily visible to police or other passing motorists. Many agencies said they are working on policies and tactics that will help them to become more effective in this regard.

The one bit of encouraging news we have from those states that have reported figures is that the number of citations appears to have climbed steadily with each year following the passage of the law.

May 6, 2013

Maine Workplace Safety Violations Result in $80K Proposed Penalties

by Peter Thompson & Associates

A sawmill company in southern Maine is facing nearly $80,000 in potential fines from the Occupational Safety & Health Administration, following a host of workplace safety violations noted by inspectors.Our Bangor personal injury lawyers understand the inspection by federal authorities took place back in December. The three repeat violations account for nearly 70 percent of the entire fine amount.

It is truly a wonder that no one was seriously hurt. The potential is certainly still there if the Jefferson-based firm doesn’t clean up its act.

According to OSHA records, the company’s repeat violations include:

Failing to use energy control procedures that would prevent workers from being struck by a logging carriage;
Failing to post warning signs and barriers that would bar entry to the logging carriage path;
Lack of guardrails along elevated walkways.

These same violations were noted at the same firm during an inspection back in 2009. A repeat violation is one in which the firm has been cited by the company for the same offense within the last five years.

OSHA said that these particular offenses left workers vulnerable to a dangerous fall or even being hit by heavy machinery. The employer knew this was a problem because it had been cited before – and still failed to take corrective action.

The firm was additionally cited for four serious violations:

Use of an industrial truck that had a defective emergency brake;
No assurance of machine guarding for prevention of worker contact with the moving parts of the grinder and saw;
Incomplete energy control procedures;
Having an extension cord underground.

Any one of these could have resulted in serious injury or possibly even death of a worker, OSHA reported. The employer either knew of this danger or it should have known. The proposed penalties for these violations are about $25,500.

The firm has two weeks to comply with the standards and pay the fines or to contest the findings.

Maine has more than 100 sawmills throughout the state, and most of them appear to take safety seriously. OSHA notes that sawmill workers are in one of the most dangerous professions. They are dealing with massive, heavy materials that are frequently at risk of rolling, sliding or falling. The equipment is also hazardous, particularly if it is not equipped with the proper safeguards. Common injuries include severed fingers, lacerations and blindness. Additionally chemicals and wood dust may contribute to respiratory diseases.

Workers may also be toiling in conditions where the terrain is uneven, rough or unstable, where there is inclement weather and isolated work sites may make health care facilities less accessible than for other occupations.

April 24, 2013

Maine Traffic Safety Watch: Prom and Graduation Most Dangerous Time of Year for Teens

by Peter Thompson & Associates

Our teens are gearing up for prom and graduation season and they’re looking forward to closing out their high school career. What they might not be thinking too much about is their safety on our roadways — especially with the dangers of drinking and driving.Our teens may not be able to legally purchase or consume alcohol, but that doesn’t mean that they can’t or they won’t. That’s why officials with Mothers Against Drunk Driving (MADD) are here to help parents and guardians to get the conversation started about safe driving and a safe prom and graduation season. It’s all a part of April’s Alcohol Awareness Month.

Our Portland accident lawyers understand that the number one cause of death for teens across the country is car accidents. USA TODAY reports that compared with a sober driver of the same age, a driver 16 to 20 years old with a blood alcohol level (BAC) of at least 0.08 percent is estimated to be more than 30 times as likely to die in a single-vehicle crash and close to 15 times as likely to be in a crash in which someone else dies.

One of the most beneficial things you can do to help to keep your teen safe, aside from talking with them regularly about roadway dangers, is to make sure you know where your teen is and who they’re with. You want to make sure you have household rules, limits and consequences for breaking these regulations. Consider talking to the parents of your teen’s friends to make sure that everyone is one the same page. You need to know what your teen does after school, at night, and on weekends and with whom they’re doing it.

It all boils down to the fact that our young ones can be reckless and impulsive. Even smart teens with a good head on their shoulders will sometimes make impulsive, poor choices. Peer pressure can overcome their good sense. That’s why it’s important to talk with your teen about different situations that they may find themselves in through prom and graduation season. Talk with them about peer pressure and how to get out of drinking without losing their cool. Practice these conversations with your teen. You’re going to want to help to make sure that they’re prepared for every situation that high school can throw at them.

Lastly, you want to make sure that you’re setting a good example for the young drivers in your family. Sometimes as parents we underestimate the importance of the example we set for our kids and think it doesn’t matter much. But there is good evidence that it does matter. With your help, we can keep our teens safe out there, through graduation and beyond.

April 20, 2013

Maine Railroad Safety Crossing a Dangerous Place for Collisions

by Peter Thompson & Associates

In the state of Maine, there are around 1,170 miles of railroad tracks. Along these tracks, Pan Am; Maine, Montreal & Atlantic Railroad; and other railroad companies carry passengers and freight. In the vast majority of situations, the trains travel uneventfully along the tracks to their destination.

In some instances, however, a train doesn’t manage to stay on the tracks. This is called derailment. Our Bangor injury attorneys know that train derailments can be a very serious problem and can result in people aboard or near to the train suffering serious injury. Fortunately, train derailments in Maine are relatively rare, although when they do occur the consequences can be disastrous.

Train Derailments in Maine
According to the Bangor Daily News , 69 trains derailed along the railroad tracks of Maine over a ten year period between January 1, 2003 and December 31, 2012.

This isn’t a lot of derailments over a decade, and the news is even better than it seems because many of the incidents happened earlier in the decade. From 2009 to 2012, for example, there were only six derailments each year, down from 11 derailments in 2006. This indicates that there is a downward and stabilizing trend when it comes to train derailments.

Also good news is the fact that many of these train derailments were relatively minor, with some small cars coming off of the track but the train and all its cars staying upright. These accidents generally occurred at very low speeds- less than 10 miles per hour- which helps to explain why little or no damage was done by the derailment.

With so few derailments and with such minor damage caused by trains going off the track, many people overestimate the risks of train accidents. The Bangor Daily News indicates that this is because derailments are often sensationalized and over-emphasized in the media, making them seem like a big deal and making them seem more newsworthy.

Train Accidents and Toxic Exposure
While the data on train accidents and damages might paint a rosy picture of railroad travel in Maine, the trains are not without problems. One of the biggest issues in recent years seems to be that the train accidents are putting people at risk due to the things that the trains are carrying.

For example, in August of 2009, 20 out of 80 train cars jumped the tracks near Gilead, a town on the New Hampshire border. One of the cars was carrying a cargo with ethanol. The car was punctured and ethanol vapors escaped the train, necessitating an evacuation of a nearby camp.

Another incident occurred when four train cars on a 31-car train fell off the tracks and into the Penobscot River, resulting in the spill of more than 400-500 gallons of nonhazardous synthetic latex chemicals used in paper making. And, more recently, a 15-car derailment occurred in March as the train was carrying crude oil through Mattawamkeag.

These recent derailments have raised concerns about the movement of crude oil and potentially dangerous substances because, while there may be few derailments, the consequences can be great if the train cars that leave the tracks result in poisons or chemicals entering the land, water or air.

Remember, train accident victims can include those hit by or hurt on a train but they can also include others who suffered illness due to toxins, property damage or any other injury arising as a direct result of the train derailment.

April 15, 2013

Maine Pedestrian Accidents a Spring and Summer Risk

by Peter Thompson & Associates

As the winter thaw gives way to spring, more pedestrians will be out on the roads in Maine this summer. This means that drivers of cars and other motor vehicles need to start keeping their eyes open for walkers and joggers in order to avoid a potentially disastrous accident.

Our Bangor pedestrian injury attorneys know that there are lots of safe walking areas for pedestrians. However, there are also some dangerous areas where pedestrians could be at higher risk of getting hurt in a crash. In fact, any time drivers and pedestrians are sharing a road together, there is a risk. We urge pedestrians to stay safe and to ensure they are walking only in safe areas and we urge drivers to treat pedestrians with respect on the roads.

Pedestrian Safety Tips
The best safety tip for walkers is that those who are walking for pleasure or for fun should consider doing so on designated trails and off-road areas, far from cars that could present a danger. The MaineDOT Bicycle and Pedestrian Program has made it a mission to ensure that pedestrian infrastructure is strong in the state and the Program uses federal funding to facilitate safety initiatives and improve the community environment by building pedestrian projects.

According to the Bicycle and Pedestrian Program Yearly Report, a number of sidewalks and trails were completed throughout the Bangor area last year in order to improve safety. These include sidewalks on Odlin Road as well as the creation of a new paved pedestrian and bicycle trail near Bath Commercial Street.

Pedestrians who walk on designated trails and designated recreation areas won’t have to worry as much about being hurt by negligent drivers of cars nearby, so those who walk for fun or exercise may wish to review the information from the Bicycle and Pedestrian Program to find safe places to walk.

Pedestrians should also wear bright colored clothing, avoid walking at night whenever possible and never walk when intoxicated, as this can up the risk of a pedestrian accident occurring.

Drivers Help to Keep Pedestrians Safe
While some pedestrians may be able to stay on recreational trails, others are going to need to walk on roads that are shared with cars. In these situations, the drivers of the passenger cars play the biggest role in ensuring the pedestrians are safe.

Drivers of cars should ensure that:

They check carefully for pedestrians in designated crosswalks and intersections.
They drive at or below the speed limit depending upon weather conditions so they can stop in time if they encounter a pedestrian
They exercise extra caution when driving through residential neighborhoods where children might be outside
They yield the right-of-way to pedestrians when it is the pedestrian’s turn
They refrain from driving while they are distracted or while they are too tired to pay attention
They refrain from driving while intoxicated or impaired by either alcohol or drugs

A driver who makes a wrongful or negligent choice when encountering a pedestrian can be held legally liable for any injuries that the pedestrian may suffer in the resulting accident.

April 10, 2013

Mark Distracted Driving Month With a Pledge To Quit Texting

by Peter Thompson & Associates

Distracted driving is one of the top causes of car accident death in the United States. Unfortunately, while most people know it is really dangerous to drive while they are distracted, drivers still do it every single day.

The National Safety Council is trying to discourage this risky behavior by emphasizing the dangers throughout Distracted Driving Month.Our Bangor accident attorneys know that Distracted Driving Month runs through April and will include both educational outreach programs as well as tougher enforcement of distracted driving laws. We urge every driver in Maine to give up distractions that take your eyes or mind away from the road.

Distracted Driving Dangers in Maine

As the Bangor Daily News reported in 2009, Maine lawmakers took a novel approach to distracted driving by allowing police to cite drivers who committed violations that law enforcement believed occurred as a result of driving while distracted. For example, if a driver ran a red light but police believed that it happened because of driver distraction, the driver could be cited for his lack of focus.

There are several different types of distractions that could result in a driver taking his mind off the road, all of which can be dangerous. For example, distractions include:

Visual distractions: Taking the eyes off of the road and focusing on something else like a GPS or a text message.
Manual distraction: Removing the hands from the wheel and using them to do something else like brush your hair, eat or change the music.
Cognitive distractions: Focusing your brain on something other than driving, such as talking to a passenger or having a cell phone conversation.

Any of these types of distractions can significantly up your risk of a crash. However, perhaps the most dangerous of all distracted driving behaviors is texting because the distraction may fall into all three categories. Your hands could be on the phone; your eyes on the phone and your brain on the message you are sending.

Because texting is so dangerous, Maine also has a separate ban on texting as well as the general distracted driving law. Under Maine’s texting ban, texting is prohibited by all drivers.

NSC has also chosen to focus distracted driving month primarily on cell phone use, creating a pledge to drive text free.

NSC will be touching upon other issues including helping people to understand the dangers of cognitive distractions while driving. However, its website makes clear that it is cell phones especially that it wants to emphasize the dangers of. This decision makes sense when so many people are using cell phones to talk or text and when texting is so deadly.

Hopefully, Distracted Driving Month will be successful and drivers will make and follow through with the pledge to put the cell phones away while driving. This simple choice could save thousands of lives.

March 31, 2013

Springtime Brings Increased Risk of Bike Accidents for Bangor Kids

by Peter Thompson & Associates

Warm weather in Maine is right around the corner, and as the temperatures start to rise, the number of bicycle riders on the road is also likely to increase. Biking in Bangor and throughout Maine is a popular pastime and both locals and visitors enjoy taking to the trails or opting to use a bicycle for fun or fitness.

Unfortunately, as the number of bike riders climbs along with the temperature on the thermometer, there is also an increased chance of bicycle accidents occurring. Our Bangor bike accident lawyers know that bicycle riders are often seriously hurt in bike accidents because they have no protection from impact when struck by a vehicle. Bicycle riders, therefore, should do everything possible to stay safe and avoid becoming involved in a crash. Drivers, too, need to be responsible and respectful of bikers with whom they share the road.

Bicycle Safety Tips to Avoid Maine Bicycle Accidents
Bike Maine provides some important safety tips for all bicycle riders, whether they are on a path, a dirt trail, or the road. Bike Maine’s tips address everything from choosing the right bike to how to dress to how to make sure your bike is ready for the road. Some of the tips include:

Ensuring you choose a bicycle that fits you. You should be able to stand with your flat feet on the ground over the bike without the bike touching your body. Your seat height should also be high enough that you can almost extend your full leg each time you pedal.
Wearing a helmet every time you ride. The helmet should have a CPSC or Snell sticker and should be replaced if the helmet is cracked or if it becomes damaged. The helmet should also be replaced every five years.
Wearing tight, bright clothing. Bright clothing will help to ensure that drivers see you approaching. If you are riding at night, you are required by state law to use a headlight that is visible for 200 feet as well as a reflector on the pedals and on the rear of your bicycle. Tight clothing will help to ensure that your clothes don’t get taught in the bicycle.
Doing the ABC test before you begin to ride. The ABC test is an acronym to remind you to check the air in your tires; the brakes on the bicycle and the chains and cranks.
Following the rules of the road. This includes riding with traffic, riding on the right, riding in a straight line so your movements are predictable, obeying traffic signals and signs, communicating with hand signals and always yielding to pedestrians.

By following these rules, bicycle riders can ensure they are doing everything they can to protect themselves and to make sure they are safe on their bike ride.

Drivers also need to remember that bicycle riders must be respected. This means yielding to bike riders and leaving them sufficient space in bike lanes and roadsides.

When a driver makes a careless error or breaks the rules of the road and a bicycle rider is injured in a bike accident, the driver can be held legally liable for any injuries that result.

March 20, 2013

New App Aims to Deter Drunk Driving & Stop Car Wrecks

by Peter Thompson & Associates

It has been well established that a driver who is drunk is not a very good driver. Drunk drivers have impaired reflexes that make them unable to react effectively behind the wheel.

Blurred vision and impaired faculties can make a drunk driver swerve or go into the wrong lane, and a driver who is intoxicated may also be more likely to fall asleep at the wheel since alcohol is a depressant.

Obviously, a driver with a very high blood-alcohol content will be the most seriously impaired and will present the greatest danger. However, our Bangor drunk driving accident lawyers know that a driver who has had just one too many is also dangerous.

Many drivers who get behind the wheel drunk aren’t completely intoxicated but are just over the line and don’t realize that they are too drunk to drive. According to MSN Autos, a new app can now provide a method of testing BAC on a smartphone, which will hopefully help to ensure that drivers realize when they have had too much to drink and aren’t safe behind the wheel.

New App May Prevent Drunk Driving Crashes
The new app that aims to curb drunk driving crashes is called Breathometer. Made by a California start-up company, the app works in conjunction with a small device that plugs into the headphone jack on your smartphone. You can blow into the device that is plugged into the headphone jack and the app will tell you whether you are over-the-limit.

If you have had too much to drink, the app will provide you with useful information that can help you to get home without driving drunk. For example, the app will provide information on taxi cabs and other local transportation that you can take advantage of instead of getting in your car.

The idea behind the Breathometer is that many people routinely take their smartphones out with them when they go out drinking. Provided the app is installed and the device is hooked into the phone, those who are out at bars, parties or restaurants will thus always have access to a method of testing their blood alcohol content. Those who are concerned they may have had too much to drink can find out conclusively if they are over the limit and if they’d be driving drunk if they drove home.

Checking Your BAC On the Go
The California start-up is currently working to get their product off the ground and to make it available on a widespread basis. They are seeking approval from the Food and Drug Administration (FDA) and they are seeking crowdsource funding in order to produce the product for sale. Those who pledge $20 will receive a Breathometer device while those who make a pledge of $500 will receive a lifetime upgrade for all future products.

Until the product becomes available for all to buy, however, there are existing devices on the market that people can use to perform a BAC test when they are out. For around $30, you can buy a device that fits on your keychain and that will allow you to take the smart step of ensuring you aren’t a drunk driver before heading into your car.

March 14, 2013

Maine Pedestrian Accidents & Hybrid Vehicle Risks

by Peter Thompson & Associates

Competing automakers for years worked to out-silence one another.

That is, they wanted to make a vehicle that purred as opposed to roared. They wanted the ride to be smooth and the sound to be as quiet as possible.

Then, it seemed like the hybrid and electric cars won that war, making nary a sound at all as they backed out, rounded a corner or pulled into a parking space.

However, our Bangor car accident lawyers aren’t the only ones who have noted the inherent risks.

The problem is that when a car doesn’t make any sound, no one knows it’s coming. People expect to hear a car that’s racing into a parking lot or backing out of an alley. Children are taught to stop and not only look but listen for vehicles that they may not be able to see coming.

This has been an issue that the National Highway Traffic Safety Association has grappled with for several years. In 2010, the issue of silent electric and hybrid vehicles was written into the 2010 Pedestrian Safety Enhancement Act as something that would need to be addressed in the near future.

Now, the time has come.

The NHTSA has proposed Federal Motor Vehicle Safety Standard No. 141, which would mandate that all electric and hybrid vehicles meet minimum sound requirements so pedestrians and bicyclists will be able to determine the presence of those vehicle and from which direction when they are operating at lower speeds (which is when they are the quietest).

The proposal does provide flexibility for manufacturers in terms of varying sounds for different makes and models. However, the sounds must still be recognizable to those on the street as being the sound of a vehicle approaching.

Whatever sound the manufacturers choose, it must be heard over a wide range of other street noises. There must also be uniformity for each make and model of a certain vehicle.

The noise must be activated when the vehicle is traveling at 18 miles per hour or less. Any speed above that, and the vehicle makes sufficient noise on its own.

The NHTSA is hoping that the implementation of this rule is going to result in nearly 3,000 fewer pedestrian and bicyclist injuries over the life of each model year of hybrid vehicle.

The NHTSA’s final 248-page proposal also indicates that discounts would be provided to hybrid vehicle drivers who agree to have their vehicle retro-fitted with a sound-emitting device by 2016.

As it stands, there are approximately 1.4 million hybrid vehicles being driven in the U. ., which accounts for just 0.6 percent of all cars on the road today.

When the NHTSA looked at crash data from 2000 to 2006, they discovered that hybrid vehicles had a 40 percent higher pedestrian crash rate than vehicles that ran on gas. In particular, situations that involved low-speed maneuvers (back out, pull in, corner turns) revealed that hybrids were twice as likely to be involved in a pedestrian crash than other types of vehicles.

In 2009, hybrid vehicles were involved in 186 pedestrian crashes, compared to 5,700 involving gas-run vehicles. Hybrid vehicles were involved 116 bicycle crashes, while gas-run vehicles were involved in 3,050. It seems a drastic difference, but when you consider that hybrid vehicles account for just 0.6 percent of those on the road, theysshould only have been involved in 35 pedestrian accidents and 21 bicycle accidents.

Hopefully, once these sound requirements are fully in effect, we will begin to see some marked decreases in these figures.

March 6, 2013

March a Deadly Month for Maine Traffic Accidents Involving Teens

by Peter Thompson & Associates

It’s no secret that teens are among the most at-risk population in terms of safety on the road.

Our Portland car accident lawyers know that their inexperience alone is a factor in many crashes, as is their propensity to become distracted and engage in reckless behaviors behind the wheel. When teens ride with each other, problems are exacerbated.

Now, a new report released by the Governors Highway Safety Association appears to indicate we still have a long way to go in doing all we can to ensure their well-being.

The report details traffic fatalities of drivers who are 16 and 17 in the first six months of 2011 compared to the first six months of 2012. It was the second straight year that we had seen an increase, but what was especially disheartening was that the rate of increase nearly doubled – from a jump of 11 percent to an increase of nearly 20 percent.

As we approach spring break, prom and graduation, these results stand as a stark reminder that we must be ever vigilant in protecting our teens.

Of particular concern are our 16-year-olds, whose fatality rates have been increasing steadily ever since 2009 – belying the theory that the improving economy is to blame for the recent increase (though that may be true to some extent for 17-year-olds).

One of the primary risk factors for 16-year-old drivers was the presence of passengers in the vehicle. Maine has been proactive in this by prohibiting new drivers from having any passengers in their vehicle (except for family members) for the first six months after obtaining their driver’s license. Still, it’s worth noting that many other states limit the number of under-21 passengers a young driver can have until they turn 18. Maine should look into enacting similar protections.

Additionally, the intermediate stage of the graduated driver’s license program in Maine, young drivers are also barred from driving between midnight and 5 a.m. Given that the likelihood of a crash increases at night, we hope this has helped to save a number of lives in our state.

Another major risk factor for young drivers is distraction. This comes in many different forms, obviously, but cell phones and texting continue to be a huge problem. To address it, legislators in Maine have enacted a text messaging ban that prohibits all drivers – regardless of age – from texting while they are driving. It’s considered a primary offense, which means police can stop you solely for this reason. For drivers under the age of 18, cell phone use while operating a motor vehicle is also banned.

New drivers as a whole lack the practical experience to be able to handle the complex task of driving. The requirements as laid forth in driver’s education provide the basis for the minimum level of preparedness. Giving your teen more practice – with you in the passenger’s seat – is only going to serve to boost her skills and help her know how to quickly react in bad situations.

Finally, talk to your kids about the risks of driving dangerously. Teens tend to be impulsive. It’s a fact of life. But it’s certainly within the boundaries of their control if they know the serious consequences of those actions.