Maine Injury Lawyer BlogTo help reduce the risks of car accidents in Bangor and elsewhere, we’ll be using the entire month of April to raise awareness about National Distracted Driving Awareness Month. While this month-long campaign is used to urge drivers of all ages to curb the distractions behind the wheel, we’re going to focus this effort on teenage drivers. According to a recent study from the AAA Foundation for Traffic Safety, teenage drivers are most likely to use cell phones, text messaging devices and other electronic devices behind the wheel in Bangor and elsewhere. The study even took it a step further and determined that it’s the teenage girls who are most likely to engage in distractions, twice as likely as male teen drivers of the same age group in fact, according to Consumer Reports.Our Bangor injury attorneys understand that more than 3,000 people were killed on roadways across the U. . in 2010 because of distracted drivers. As a matter of fact, officials estimate that about a quarter of all auto accidents involve a distracted driver. These kinds of risks are much higher for teenage drivers, experts say. The recent study, conducted by AAA, looked at in-car video from more than 50 families in North Carolina and took notes on the novice drivers and their driving behaviors. Researchers noted distractions and how they affected driving behaviors. Texting and talking were the two top causes of distraction for these young drivers — found in nearly 10 percent of the video. Some of the results from these distractions included rapid acceleration, jerky braking and swerving. Unfortunately, the distractions didn’t stop at talking and texting. These young drivers were also commonly witnessed eating, drinking, grooming and adjusting controls behind the wheel. These actions were observed in nearly 20 percent of the video. All of these distractions were more common among female drivers. These drivers didn’t grow wiser with age either. Video footage determined that the older the teens got, the more likely they were to engage in dangerous distractions behind the wheel. Researchers believe that they did this because they eventually got more comfortable behind the wheel, ultimately feeling safer even as they were engaging in more dangerous driving behavior. Although girls were witnessed engaging in more kinds of distractions, it’s clear that both boys are girls are facing problems in the driver’s seat. Car accidents are a very serious threat to our teenagers. Car accidents continue to be the number one cause of death for this age group. In recognition of National Distracted Driving Awareness Month 2012, sit down with the teen driver in your family and talk to them about the dangers and the risks that are associated with this dangerous driving behavior. Your talk could help to save their life. Believe it or not, parents have been proven to be some of the most influential people in the lives of teenage drivers. Continue reading
Work Injury Victims’ Compensation Could Soon Be Capped
Massachusetts lawmakers are mulling whether to change the state’s workers’ compensation laws – a move that those who have suffered workplace injuries in Bangor staunchly oppose.
Our Bangor personal injury attorneys are closely following the developments surrounding legislative request 2781, which would cap the amount of time people can receive workers’ compensation claims for partial but permanent injury to less than 12 years. As of right now, certain types of injury claims are limited to a cap of 10 years, though the most serious have no cap at all.
The portion of the proposal that is causing the greatest stir is that dealing with permanent, partial injury. This would not be a case in which you, say, broke your leg on the job and you are going to be receiving workers’ compensation benefits until it heals, and then you return to work. Instead, these are for cases in which you have suffered an injury on the job that is going to impact you forever. So instead of breaking a limb, say you lost one. Or, maybe your back has been permanently injured.
Workers’ compensation laws are fairly complicated, but they basically ensure that the 25 percent of people who have suffered the most serious permanent, partial injury are going to get benefits for life. The other 75 percent have a 10-year cap. Legislative request 2781 would change that.
Among those testifying at a recent hearing:
- A nurse who fell and seriously injured her back while treating a patient, leaving her unable to continue working in her field;
- An electrician who was jolted with more than 200,000 volts of electricity, rendering him disabled;
- The widow of a construction worker whose boss accidentally backed over him with a truck.
Each of these individuals is very much against the changes, though any alteration of the law thankfully would not impact those who are already getting workers’ compensation benefits.
Those who proposed the bill say the state’s decades-old workers’ compensation system is need of an overhaul. They say consistency is required because the law the way it is now is strange in that a person with a certain injury might not qualify for lifetime benefits one year, but someone with the exact same injury would the next. It would all depend on what kinds of other injuries there were in the state that year.
Payouts for these permanent, partial injuries are generally higher here – about $185,000 annually – than the national average – which is about $90,000 a year. However, they don’t represent a large portion of overall workers’ compensation claims in the state. For example, as the Bangor Daily News reported, there were about 2,200 workers’ compensation claims in the state in 2010, each of those averaging about 13 weeks. That was down a great deal from 1993, when there were more than 7,100 claims that generally spanned about 33 weeks.
Bangor Spinal Cord Injury Victims Work Hard to Lead Normal Lives
A Pastor from Lewiston is proving that it is possible to overcome insurmountable odds to thrive after a Bangor spinal cord injury – though that doesn’t mean you shouldn’t have the experience of a Bangor personal injury attorney who will fight for fair compensation.
According to The Sun Journal, the pastor, who goes by the name “Wally,” is preparing to return to the pulpit of his Methodist Church following a recent car accident that left him quadriplegic, meaning he doesn’t have the use of his arms or legs. What he isn’t doing, however, is allowing the accident to also rob him of his voice – or his message.
The 74-year-old pastor was traveling on Route 119 early one morning in December when frost and mist contributed to a crash in which a sport utility vehicle collided with him head-on. In an eerie similarity, his wife had an almost identical accident nearly 13 years to the day as his own. In that case too, slippery roads caused another driver to slam into her head-on. It took her months to recover, and she still to this day must use a crutch to walk.
The couple has been married more than 40 years.
The pastor has been left with a broken neck, broken ribs, a bruised spinal cord and a broken wrist. He had to have pins and rods placed in his neck, and has spent the last several months in a Portland rehabilitation center before being transferred to another center in Lewiston, some 100 miles southwest of Bangor.
Since the wreck, he has gained slight movement in his limbs, but he can’t bear weight or lift with either. His wife described the entire ordeal as “quite a siege.”
Indeed, as with any spinal cord injury, it is not only the individual who suffers. Relatives are often left to cope with mounting medical expenses and the exhaustion of working out a care plan. It is also extremely difficult to watch someone you love struggle through or be unable to complete even basic tasks such as dressing themselves or brushing their teeth.
When the root cause of this is the negligence or recklessness of someone else, you deserve at the minimum to have these basic and necessary expenses covered. Any additional award received is never going to return life to the way it was, but it can help to ease the struggle.
According to the National Spinal Cord Injury Association, the top causes of spinal cord injuries are:
- Motor vehicle accidents (48 percent)
- Falls (21 percent)
- Sports Injuries (14 percent)
- Violence (15 percent)
- Other (2 percent)
Of these, about 45 percent result in loss of use of all four limbs.
The cost of such an injury is vast. You are looking at a minimum of 15 days in the hospital for acute or intensive care. Then you’re going to spend a minimum of 45 days in rehabilitation. Those two stays alone will run upward of $140,000. After that, the average first-year expense is $200,000. All of that is if you are lucky. People who are left with quadriplegia are going to rack up bills that total well over $400,000 annually.
Children in Maine Risk Injury in Bumbo Seats
Many parents have embraced the Bumbo – a soft, foam seat that allows their infants to sit upright. However, consumer safety groups are now pleading with the U. . federal government for a recall, following a number of child injuries in Maine and throughout the country.
An article recently ran in the Bangor Daily News about this very issue.
Our Bangor child injury attorneys understand that there have been nearly 100 reports of infants being hurt while using this product. That is only in the last five years, following a voluntary recall in 2007, when the manufacturer pulled all the seats from the shelves because there weren’t adequate warning labels.
At that time, there were 46 injuries reported to the U. . Consumer Product Safety Commission. In 14 of those cases, babies suffered serious head injuries.
After the recall, the South African manufacturer of the Bumbo seat agreed to print warning labels on the side of the seats, saying parents shouldn’t put their children in the seats if they are on an elevated surface, like a desk or table.
But that apparently wasn’t enough because after the recall, there have been 45 more children who fell out of the seat when it had been placed on a tall surface. Of those, 17 infants had skull fractures. Another 50 babies were said to have fallen out of the seat when it had been on the floor. Of those, one had a concussion and two others suffered head injuries.
Still, the government has given no indication that it will issue a recall, though one official from the safety commission admitted it seemed as if there were a large number of injuries. What’s perhaps more confusing is that often times, recalls are issued when there haven’t been any reports of death or injury. So why would the government hesitate to recall a product that has been proven to cause injuries to babies?
Even if there isn’t a second recall, we believe this warrants parent attention – and perhaps avoiding use of this product, given its track record.
While some might argue the number of injuries is relatively small in comparison to the number of seats sold (about 4 million) you have to consider whether your child’s safety is worth the risk.
The Bumbo seat is designed in such a way that it does not have straps or buckles or restraints. There are tray tables that are also available for purchase with these seats, but they are not meant to act as a securing device.
Manufacturers of the seat say it’s safe when used as intended, and that parents should be nearby at all times. But there have been numerous reports of parents who HAVE been nearby, and their children were still seriously injured.
In one case, a father in Washington reported his son was seated in the Bumbo seat on the kitchen table. He was right next to him. The boy arched his back, and fell onto the kitchen floor, landing on his head. The baby boy had to be rushed to the hospital, and undergo emergency brain surgery for his injuries. While the child’s parents are hopeful he will make a full recovery, they are still watching him closely for signs that he may have suffered permanent injuries.
Car Accidents in Portland and Elsewhere Kill Too Many Child Passengers Annually
Experts estimate that about 75 percent of child passengers are improperly restrained in car seats and booster seats. It is critical for parents to know how to properly buckle in child passengers and for them to do so during every car ride. Risk of child injury or death in the event of a car accident in Portland and elsewhere decrease by more than 70 percent if he or she is buckled in correctly.Our Portland car accident attorneys understand that the American Academy of Pediatrics (AAP) released new recommendations for children and car seats last year. Unfortunately, many parents did not seize these new recommendations and in fact continue to improperly seat their children in motor vehicles. To help to spread the word about child car seats, The Children’s Hospital of Philadelphia and the Center for Injury Research and Prevention (CIRP) launched a new website to offer parents with access to important child passenger safety (CPS) tips.
The new website, “Car Seat Safety for Kids” offers newly released videos regarding the 2011 child seat recommendations from the AAP. In addition to educating parents about the proper ways to buckle children in, the National Highway Traffic Safety Administration (NHTSA) lists car seat inspection locations nationwide. There are 31 child car seat inspection locations in Maine. Parents are urged to visit one of these sites to help ensure that their children are safe when traveling in a motor vehicle.
The new recommendations from the AAP state that children under the age of 4 should remain in rear-facing car seats. Once a child has exceeded their car seat’s height and weight limitations, they should be placed in a forward-facing car safety seat. It is important for children to stay in these rear-facing car seats for as long as possible.
When a child exceeds the size limits of a rear-facing car seat, it’s time for them to move to a forward-facing seat. This seat should have a harness and children should be kept in these seats for as long as possible.
Once your child exceeds the height and weight limits for a forward-facing seat, it’s time for them to move to a booster seat. Booster seats allow a small child to fit correctly with an adult seat belt. When riding in these seats, make sure that the bottom part of the seat belt fits snugly across your child’s upper thighs and that the top part of it fits across the chest and not on the neck. Children riding in booster seats should always ride in the back seat of the car and away from an active air bag.
In Maine, two children under the age of 14-years-old died in car accidents in 2008.
Car accidents continue to be the number of cause of death for individuals aged 3- to 14-years old. Parents are urged to register their child’s car seat and to sign up to receive notifications on car seat defects and recalls.
Super Bowl Sunday Increasing Risks for Drunk Driving Car Accidents in Maine
Get ready!sSuper Bowl Sunday is this weekend!s
With the festivities revolving around the unofficial American holiday and our Patriots, drunk driving car accidents in Portland and elsewhere are sure to happen, unfortunately. That’s why we’re asking all football fans to go out with a plan. Make sure your party activities are planned out before kickoff to help avoid a drunk driving accident or arrest.The National Highway Traffic Safety Administration (NHTSA) reports that there will be more than 150 million football fans sitting in front of a television to catch the big game between the Patriots and the Giants. During this time, fans are expected to consume nearly 350 million gallons of beer. That’s enough to fill about nearly 500 Olympic-sized swimming pools. Unfortunately, a lot of that booze will be consumed by fans who are planning on hopping behind the wheel of a motor vehicle after the game. And since the Patriots are in the big game, you can expect a lot of Maine residents to be a part of the celebrations.
Our Portland drunk driving accident attorneys understand that there were more than 10,000 people across the county who died in drunk driving-related traffic accidents in 2010. These types of accident fatalities accounted for nearly a third of all traffic fatalities. On Super Bowl Sunday — ranked one of the most dangerous days of the year to be on the road — about half of fatal accidents are the result of alcohol-impaired drivers. Football fans are reminded that officers will be out in full force over the weekend, combing the roadways for alcohol-impaired drivers. Do your part to cheer on our team responsibly by joining the 200,000 people who have already pledged to be a designated driver this season. These pledges were all made as a part of the “Fans Don’t Let Fans Drive Drunk” safety Campaign.
The “Fans Don’t Let Fans Drive Drunk” campaign coveys a message that responsibility has its rewards. Through this program, NFL teams constantly recognize those who have pledged to be a designated driver. That includes fans of the Patriots.
The Pledge Includes:
-Vowing to never drive drunk.
-Always find a designated driver when you go out drinking.
-Never offer alcohol to someone who is under the age of 21.
-Wear a seat belt during every car ride.
Maine’s Bureau of Highway Safety encourages all football fans to have a safe and sober way to get home this Sunday. Those who are planning on drinking need to not plan on driving. A designated driver should be a part of everyone’s plans who will be drinking,sIf for some reason a designated driver is not in your plans, we’re hoping that a taxi, hotel or a friend’s house are. We hope that everyone enjoys the big day and that the Patriots bring home a win!
Improperly Licensed Drivers Showering Roadways Increasing Risks for Car Accidents in Maine, Nation
We’d like to believe that everyone behind the wheel of a motor vehicle has the proper knowledge to operate the car, as well as the proper licensing and insurance to back it up. Unfortunately, a recent report from the AAA Foundation for Traffic Safety concludes that’s not always the case.
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In fact, the recent study concluded that about one out of every five drivers who is involved in a fatal car accident in Bangor and elsewhere does not have a proper driver’s license. The new study examined crash stats from 2007 all the way through 2009 to determine just how big of a problem improperly licensed driving is in the U. .
Our Bangor car accident lawyers understand that nearly 90 percent of drivers who were involved in fatal accidents from 2007 to 2009 on U. . roadways had a valid driver’s license. Unfortunately, the rest did not. When the statistics are broken down, more than 6.5 percent of drivers had a driver’s license that was either suspended or was revoked, more than 1 percent of drivers had a driver’s license that was either canceled or denied and a whopping 5 percent of drivers were completely unlicensed. This means that nearly 20 percent of drivers who were involved in a car accident in which a life was lost from 2007 to 2009 were not even allowed to be driving in the first place.
Between 2007 and 2009, nearly 21,100 people died in accidents in which the driver wasn’t properly licensed. Recent statistics illustrate that the number of unlicensed drivers’ involvement has been reducing, if not reversing, since 2007. Researchers don’t know if this is a long-term trend, and will be continuing to keep an eye on the numbers.
Through this study, researchers determined that a driver’s age has to do with his or her licensing, as well as involvement in fatal crashes. As a matter of fact, drivers aged 21 to 34 are more likely than drivers in any other age group to not be legally licensed. Statistics concluded that about half of the fatal accidents with unlicensed drivers, the driver was in that age group.
Unlicensed drivers aren’t only common in fatal accidents, but they pop up quite frequently in alcohol-related and drunk driving car accidents as well.
Unlicensed drivers don’t like to stick around at the scene of an accident either. The AAA study revealed that more than 51 percent of the people who left the scene of a fatal car crash from 2007 to 2009 were unlicensed drivers. When an unlicensed driver leaves the scene of an accident, you can probably assume he or she wasn’t insured either. Drivers who are unlicensed oftentimes lack the proper car insurance.
Road Rage Cited as Cause of Car Accident in Bangor
Officers are attributing road rage to a recent car accident in Bangor. The accident happened on Essex Street after a driver stopped for improperly passing and hitting another vehicle. The driver was cited for not having their current insurance card as well, according to the Bangor Daily News.Officers report the driver said he felt a vehicle was following too closely, so he asked the female passenger to scream out of the window to get the driver to “back off.” She did. The female driver being yelled at reportedly passed the vehicle to get away. As she passed the vehicle, she hit the side-view mirror and driver’s side door.
Our Bangor car accident attorneys understand that we see aggressive and dangerous driving habits on our roadways every day. These incidents often result in road rage. According to recent studies, these occurrences have increased significantly over last year. Avoiding one of these incidents is quite simple if you’re equipped with the proper safe-driving knowledge.
According to 2005 stats from the Status of Transportation Safety in Maine, aggressive driving has increased the total number of accidents and accounts for nearly 40 percent of accidents. These statistics indicate 2005 was the most dangerous year to date. Road rage incidents are often the result of unsafe lane changes, tailgating, traveling at unsafe speeds and improper passing.
According to recent statistics, aggressive driving leads for about 6 million accidents every year. Many of these accidents result in serious injury or even death. Officials believe that these statistics could even be much higher.
More studies on road rage and aggressive driving reveal that road rage accidents are up more than 50 percent in recent years, with nearly 65 percent of people driving less courteously and more dangerously and roughly 80 percent of drivers saying they are angry during most of their time behind the wheel.
Maine’s Bureau of Highway Safety offers you some safety tips to help you avoid road rage. With these incidents so common on our roadways, you’re urged to review the following tips and share them with your friends and family members.
Tips to Help Avoid Road Rage:
-Leave for your destination with plenty of time to spare to avoid rushing.
-Avoid traveling during rush hour and in congested areas.
-Keep an eye on your vehicle. Make sure the air conditioner and radio are working properly and that your seat is comfortable.
-If you’re being hassled by another driver, do your best not to react.
-Keep your driving steady. Avoid braking, swerving or accelerating suddenly.
-If you think an aggressive driver is following you, drive to the closest police station for help.
-Get out of the way of aggressive drivers and allow them plenty of room to get around you. This can help you to avoid a potentially costly accident.
-If you’re being challenged by another vehicle, do not insist on your right-of-way.
-Never tailgate.
-Use your vehicle’s horn sparingly.
-Never block the passing lane.
-Refrain from using obscene gestures or expletives.
-Use your blinker to alert other drivers of your intended maneuvers
Bangor Skiing Accident Leads to Death
A recent skiing accident on Sugarloaf Mountain killed a man as he headed to the hospital in the back of an ambulance, according to Bangor Daily News. The accident happened after the 41-year-old skier hit a tree at roughly 3:30 p.m. as he was making his way down the Lower Timberline Trail. He died just a few hours later.Our Bangor ski accident attorneys understand that skiing is a recreational sport many residents take part in for fun. Unfortunately, there are many serious and fatal injuries sustained in the winter activity, many of them preventable. Take the accident that happened last December, for example. You may remember this incident, when high-speed winds contributed to an accident on a Maine ski chair lift that caused skiers to fall 30 feet after the double-chair lift’s cable derailed. According to CBS News, eight skiers were injured and others were trapped for hours. Inspectors with the Maine Board of Elevator and Tramway Safety said that the lift was in fact up to safety code, but was in line to be replaced and was known to be vulnerable to strong winds.
Skiing and Snowboard Statistics from the National Ski Areas Association:
-Average number of fatalities a year over the last 10 years:s40.6
-In 2009/2010, there were 38 people who died.
-Twenty-five of the deaths were skiers and thirteen were snowboarders.
-There were more than 10 million skiers and snowboarders in 2008.
There are a few simple ways that skiers and snowboarders can help to reduce risks of injury or death while skiing. If you enjoy hitting the snowy, white hills, please review the following safety tips. Consider sharing them with friends and family members to help to increase their safety, too.
Skiing Safety Tips:
-Wear a helmet. It isn’t mandated, but it is recommended by the Professional Ski Instructors of America (PSIA) and the National Ski Patrol (NSP).
-Get your exercise. You’ll have more fun and be safer on the slopes if you’re in good physical shape. Exercise before you plan on hitting the hills.
-Make sure you have the proper ski equipment. Get your gear from a ski shop or a ski resort. It’s extra important to make sure that your boots fir properly and that your bindings are properly adjusted.
-You’re urged to wear a helmet.
-Be ready for the weather by wearing layers of clothing. Bring an extra pair or mittens or gloves, in case the first pair gets wet.
-If you’re not a veteran skier, get some ski lessons from a professional before heading out.
-Wear ski goggles.
-If you feel tired, take a break.
-Be sure to eat and drink plenty. Skiing burns a lot of energy.
-Always ski with a buddy so you can look after each other.
-Know your limits. Never try a ski trail that’s above your skill level.
-Always follow the rules of the slope and never go off trail. Trails are marked for a reason and trail closures are to help reduce the risks of injury.
-Remember that skiers who are in front of you, and below you, on the trail have the right-of-way.
Wicked Winter Weather Increasing Risks for Car Accidents in Bangor and Elsewhere
According to WMTW 8, there are 12 counties that, as of Friday the 13th, were under weather advisories, watches or severe weather warnings. During the same time, there were more than a dozen road closings and delays that had already been reported. During these wicked weather conditions, drivers are asked to be cautious and alert behind the wheel to help reduce the risks of a weather-related car accident in Portland and elsewhere.Serious accidents are already plaguing the roadways. In Kennebunk, the Maine Turnpike was closed in the area after a tractor-trailer flipped over on the icy roadway. The tractor-trailer’s fuel tank was ripped open in the accident, causing diesel fuel to pour all over the roadway. The speed limit on that roadway is 55 mph, but was reduced to 45 mph to accommodate snow removal equipment.
Our Maine car accident attorneys understand that the winter weather conditions that we’re enduring are significantly increasing motorists’ risks for traffic accidents. We’re asking all motorists to be safe out there. We would like to remind you that safety doesn’t happen by accident – it’s planned. With the help of safercar.gov, we’re here to offer you some simple winter weather driving tips to help keep you and your family safe out there.
Safe Winter Driving Tips:
-Get your car serviced now. To help to keep your car in good working condition and to help you to stay in control in these dangerous driving conditions, take your vehicle to get serviced. Ask you mechanic to provide your vehicle with a tune-up and other routine maintenance.
-Check the condition of your battery. You don’t want to be left stranded with no power in the middle of a snowy storm.
-Be sure to fill your vehicle with an adequate amount of coolant. When coolant freezes, it expands. Make sure the coolant you use is designed to withstand the winter’s cold temps.
-Make sure that your windshield wiper fluid is also no-freeze, high-quality fluid.
-Make sure your windshield wipers aren’t worn.
-Be sure that your window’s defrosters are working well.
-Check the condition of your tires. Bald, worn tires are a sure way to increase your risks of slipping and skidding around on the slick roadways.
-Make sure that you always have at least half a tank of gas.
-Slow it down. Speed limits are set to be adequate in ideal weather conditions. Slow it down to increase safety.
-Check the weather, road and traffic conditions in Maine before heading out.
-Leave for your destination with plenty of extra time to avoid rushing.
-Always keep a charged cell phone with you.
-Make sure you have an emergency kit in your car, including a first-aid kit, blankets, nonperishable food, bottled water, etc.