As we recently reported on our Maine Injury Lawyer Blog, the dangers of distracted driving are raising concerns among safe driving advocates around the country. Distracted driving laws vary across the country from state to state. Many state’s distracted driving laws are difficult to enforce, if they’re even enforced at all. According to the National Highway Traffic Safety Administration (NHTSA), there were roughly 3,100 people who died on U. . roadways because of car accidents involving distracted drivers in 2010.To help reduce the risks of distraction-related car accidents in Portland and elsewhere, the National Transportation Safety Board (NTSB) has recently stepped forward with a proposal for a nationwide ban on all portable electronic devices for drivers, according to My Fox Maine. The NTSB doesn’t have the authority to make these kinds of laws, but previous recommendations from the Board have proven persuasive to lawmakers.

Our Maine car accident lawyers understand that our state has some pretty relaxed distracted driving laws. According to the Governors Highway Safety Association, only drivers in the state who are under the age of 18 are prohibited from talking on a hand-held cell phone at the wheel. All drivers are prohibited from text messaging while driving. Current laws state there are 9 states banning all drivers from using hand-held cell phones and another 35 that ban drivers from texting at the wheel. Recent studies conclude that a distraction is a distraction, meaning that hands-free devices are just as dangerous as hand-held devices. The NTSB is looking to ban all of these dangerous activities.

“The data is clear; the time to act is now. How many more lives will be lost before we, as a society, change our attitudes about the deadliness of distractions?” said NTSB Chairman Deborah A.P. Hersman.

According to CNN, a nationwide ban may not go over well with lawmakers, drivers and residents of the United States. Experts predict that elected legislators will have a tough time bringing up concerns about this ban in fear of upsetting constituents. Many believe that it would be tough to ban something that is already a part of nearly everyone’s daily routine.

Studies conclude that talking on a cell phone makes someone nearly five times more likely to get into a serious traffic accidents. In fact, talking on a cell phone gives a driver the same reaction time as a driver who is legally drunk. Still, a majority of drivers admit to engaging in the dangerous behavior.

As we head into the New Year, drivers are asked to behave in the spirit of Maine’s distracted driving laws. Although most of the drivers on our roadways aren’t banned from talking on a hand-held phone, we’re still asking driving to curb the distractions to increase road safety for everyone. Hands-free devices are no safer than hand-held devices and nothing is as safe as focused, distraction-free driving.

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With Maine’s worst storms typically coming our way in December, we usually see a spike in the number of vehicle accidents during this time. This is because even some of our most experienced drivers seem to have “forgotten” how to drive in winter conditions. As the holidays approach, more and more motorists travel through the state to visit with friends and family. This increase in traffic causes a significant increase in your risks for a car accident in Portland.Our Portland car accident lawyers understand that the winter serves as the most dangerous time on our roadways. Motorists are urged to be cautious behind the wheel when navigating through the congested holiday traffic. To help reduce the risks of an accident, the Maine Department of Transportation (MaineDOT) offers some important driving tips to keep you safe as the slow flies, through the holidays and through the entire winter season.

Safe Driving Tips from MaineDOT:

-Always drive slowly through ice and snow.

-Remember that stopping on ice without skidding takes time and distance. For this reason, you should never follow too closely to the vehicles around you, you should always drive under the posted speed limits and always keep all of your attention on the roadway. Skidding is common near bridges, off ramps and intersections as this is where black ice can form without ever being noticed.

-Don’t turn your four-wheel drive vehicle into a true “off-road” vehicle!

-Keep in mind that four-wheel drive can help you to get going faster, but it really does nothing to help you to stop any faster or help you to keep better control of your vehicle once you’ve lost traction. Yes four-wheel-drive vehicles drivers need to be cautious, too!

-Never tailgate.

-Keep extra distance between you and other vehicles to avoid becoming a part of a chain-reaction accident.

-Don’t take chances and pull out in front of oncoming vehicles.

-Remember that when the roadway is wet that you might not be able to slow down and that you’re probably not able to accelerate as quickly either. Go easy on the pedals.

-Avoid using your cruise control in winter weather.

-Try to avoid any sudden or exaggerated steering, accelerating or braking.

-If you need to stop and you’ve got anti-lock brakes, push the brake pedal down firmly and hold it down. If you don’t have these kinds of brakes, remember to pump the pedal when you need to stop quickly.

-Curb distractions, and stay alert and focused.

-Keep an eye on the vehicles ahead of you. They can help to locate problem spots on the road which may give you the split second you need to avoid an accident.

Motorists are asked to be extremely cautious on our roadways throughout the holiday season, regardless of the weather conditions. Please be safe and enjoy your holiday season.

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It’s that time of year again when shoppers are hitting the stores in full force in search of the perfect holiday gifts for friends, family members, co-workers and others. It’s important for all consumers to look over the U. . Consumer Product Safety Commission‘s (CPSC) recall list during the holidays to help ensure there won’t be a defective product on their gift-giving list. Recalled products can cause serious injury in Portland and elsewhere if not addressed.Our Portland injury attorneys understand that the CPSC reviews thousands of consumer products. Unfortunately, there’s a chance there are defective products in our homes and businesses right now, items that have been deemed dangerous and we don’t even know it. While it’s the CPSC’s responsibility to inform the public of the defects, it’s our responsibility to make sure that if we decide to give gifts, that they are safe and defect-free. Please review this list before bringing any new toys and presents into your household.

Schwinn Elliptical Exercise Equipment Recalled By Nautilus:

Roughly 10,000 Elliptical Exercise Trainers have been recalled because the foot plates on the devices have been found to detach from the machine during use and can pose a fall hazard to users. These products were distributed by Nautilus Inc. of Vancouver, Washington. There have been nearly 10 accident reports filed. These devices were sold under the model name Schwinn 460. They were sold at various sporting goods stores and online sites from July 2008 to May 2011. Consumers who own this product are urged to call Nautilus at 800-259-9019 for a free repair kit.

iPod Touch Rechargeable External Battery Cases Recalled by Mophie

More than 6,000 Rechargeable External Battery Cases have been recalled by Mophie LLC, of Paw Paw, Michigan, because the battery case’s integrated circuit switch can possibly overheat and cause pose a burn hazard. The company has already received more than 100 reports of the battery case becoming warm to the touch. More than 40 reports have been filed saying that the product deformed and nearly 10 reports were made of burns. Only battery cases with serial numbers that have the first five characters of TR113 through TR120 are under the recall. The items were sold in stores since April 2011. If you have one of these battery cases, call Morphie at (877) 308-4581 for a replacement product.

KEDS Girls’ Shoes Recalled by Collective Brands:

Nearly 50,000 KEDS “Know It All” Girls’ Shoes have been recalled because the stars on the heel can come loose and pose a laceration hazard. There have already been nearly 30 reports of scratches and cuts from these metal stars. The style number covered under this recall is KY40098A, which can be found on the underside of the tongue. They were sold in department stores from June to October 2011. If your child has a pair of these shoes, you’re urged to contact Collective Brands for a gift card for $30 that can be used at Stride Rite stores or on striderite.com.

As there are new products on the CPSC’s recalls website frequently, parents are urged to look over the list regularly. Many injuries can be prevented by staying informed. Happy Holidays!s

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Recently, law enforcement officers in Maine started enforcing a relatively new law – no texting behind the wheel, according to The Maine Public Broadcasting Network. This law was recently enacted as a primary offense, meaning that officers can pull over a driver for texting without witnessing any other traffic infraction first. The law allows officers to hand over a $100 fine for anyone who is writing or reading at the wheel, including texting, using Facebook, sending or reading e-mails and fiddling with music libraries. All of these behaviors greatly increase a driver’s risk for a car accident in Portland.”Really what we’re trying to do here,” said state police Col. Robert Williams, “is get voluntary compliance because in 2010 about 39 percent of the traffic crashes’ … contributed to some type of inattention or distraction.”

Our Portland car accident lawyers understand that texting by teenage drivers in particular has become a problem throughout the U. . To help fight the problem, the U. . Department of Transportation (USDOT) launched a new public service announcement campaign called “OMG” to raise awareness about the dangers of texting behind the wheel. The campaign consists of two PSAs that will be shown at more than 525 Regal Cinema theaters, roughly 12,000 gas station pump-top screens nationwide and on the Distraction.gov website throughout December. The USDOT feels that these mediums will help reach a significant number of teenage drivers throughout the country.

As the holiday season draws near and Portland schools let out for winter break, teenage drivers will be setting out on our roadways to visit with friends and family members to enjoy some time away from class. To help spread the message about the potential consequences of texting while driving to teenagers, the USDOT has included popular texting lingo, like “LOL” and “L8R,” in its “OMG” campaign.

Greg Dunn, the President and COO of Regal Entertainment Group, says that he and Regal Entertainment Group is pleased to join forces with the USDOT for this campaign. He says that the partnership can help to make a difference on roadways nationwide, especially during the busy travel season.

As of right now, there are 35 states have made it illegal for all drivers to text behind the wheel. Nine states, the Virgin Islands and the District of Columbia have made it illegal for drivers to talk on the phone.

Parents should talk with teenage drivers about the risks, dangers and consequences of distracted driving. You’re talk can help your teen make smart and responsible decisions behind the wheel and to avoid a potentially fatal accident.

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During Drowsy Driving Prevention Week happening all this week, safe-driving advocates have been taking their message to streets in an effort to cut down on sleepy drivers who are causing traffic accidents in Maine and other states nationwide. My FOX Maine is reporting that more than 30 percent of drivers have admitted to driving while drowsy over a recent 30-day period, even though 95 percent of drivers surveyed said drowsy driving is unacceptable.

The AAA Foundation for Traffic Safety and the National Sleep Foundation are using the campaign to help raise awareness about drowsy driving car accidents in Portland and elsewhere. These accidents take the lives of about 1,550 people and injure another 70,000 every year, running up a tab of nearly $13 billion.

Our Maine car accident attorneys understand the risks and consequences that come with drowsy driving. Statistics reveal that drowsy drivers contribute to about one out of every six fatal accidents and about one in eight injury-resulting accidents. We invite you to join the prevention week’s efforts and help educate your loved ones about the dangers and consequences of this dangerous driving habit. These accidents are 100 percent preventable.

“Drowsy driving kills, just as sure as drunk, drugged and distracted driving does,” AAA Foundation president and CEO Peter Kissinger said in a foundation. “Drivers have a tendency to underestimate the impact being tired has on their driving ability.”

How to tell if you’re too drowsy to drive:

-Are you feeling irritable, aggressive or restless?

-Are you having trouble keeping your head up?

-Are you having trouble keeping your eyes open?

-Can you clearly remember the last few miles driven?

-Are you daydreaming?

-Are you yawning excessively?

-Are you blinking a lot?

-Are you overlooking traffic lights, road signs, exit or turns?

-Are you having a tough time focusing on the roadway?

-Are you swerving in and out of your lane?

To help reduce the risks of falling asleep at the wheel, you’re urged to get at least seven hours of sleep before setting out on a long car ride. You should also ride with a passenger, make frequent stops to get out and stretch, and travel at times when you’d normally be awake.

If you fail to acknowledge the warning signs listed above, you’re putting yourself and other drivers at risk for falling asleep at the wheel. Oftentimes sleepy drivers fall into 3- or 4-second periods of microsleep. This is time when drivers are actually asleep at the wheel. A vehicle can travel the length of a football field during this short amount of time and can wind up in a pretty messy accident.

“We need to change the culture so that drivers recognize the dangers, appreciate the consequences and most importantly, stop driving while sleepy,” said AAA Foundation President and CEO Peter Kissinger.

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Bowdoin Excavation Inc. in North Yarmouth has been cited numerous times by the Occupational Safety & Heath Administration (OSHA) for violations that were reportedly connected to the fatal Bangor construction accident that killed a 23-year-old employee. We recently told you about this accident on our Maine Injury Lawyer Blog. Now OSHA is taking charge of the incident to help make sure that nothing like this happens again and that all involved parties are properly reprimanded.According to OSHA, the company was issued nearly $14,000 in fines because it failed to meet the administration’s safety standards. Some of the violations were for using construction equipment on unsafe access roadways and for failing to use protective equipment, according to Mainebiz.

Our Portland personal injury attorneys understand that the young worker was run over by a backhoe as he was working at one of the company’s work sites in Bangor. It all happened as the vehicle rolled down a small hill. Reports indicate that the employee was wearing a helmet at the time of the accident, but the operator of the backhoe was not wearing a seat belt. The seat belt fine totaled more than $4,000. Nearly $2,000 in fines were handed to the company for using a web sling that was damaged, another $1,800 fine for failing to put a ladder in a trench, and more than $4,000 for using a backhoe on a slope that was considered too steep.

The company is not planning on contesting these violations. Company representatives claim that all employees and machine operators were up to date with their training and certificates. The accident is still being investigated by OSHA.

“This is something we take very seriously,” said Tricia Bowdoin, office manager and the wife of the company’s owner. “Our employees are our company.”

In the United States, there were more than 4,500 fatalities resulting from on-the-job accidents in 2010. The number one cause of these deaths was transportation-related accidents. Highway-related deaths accounted for more than 20 percent of the 2010 fatalities. Workplace homicides accounted for slightly more than 10 percent, falls accounted for nearly 15 percent, and getting struck by an object accounted for about 9 percent of fatal work accidents.

Construction accidents killed nearly 800 workers in 2010, accounting for nearly 20 percent of work-related fatalities. More than 10 percent of construction workers who were killed in 2010 were killed in highway-related accidents. Homicides accounted for only 1 percent of the fatalities in this industry. Nearly 40 percent were from falls, and another 8 percent were from workers being hit by objects.

Although OSHA continues to push for better workplace safety, the number of fatal work accidents in Maine increased 20 percent in 2010 compared to 2009 — from 16 to 19 deaths — according to the United States Department of Labor.

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Our late October snowstorm caught many in the Northeast by surprise, including us in Maine. As of Nov. 1, still more than a million homes along the East Coast were without power. The storm also canceled trick-or-treat adventures, caused rail-service disruptions and contributed to a number of car accidents in Maine and elsewhere.The snowstorm dumped more than 30 inches of snow in some areas. Snowfall records from the National Weather Service were broken in areas from Virginia to Maine. News sources, including My FOX Philadelphia, are reporting that more than 20 people died because of the storm’s effects.

Our Portland car accident attorneys understand that this first blast of winter weather serves as a warning for what we can expect in the coming months. Car accidents on our snowy and icy roadways were lethal in some cases. We urge residents to stay off the road when weather conditions are bad, unless you absolutely have to go somewhere.

Both western and southern Maine saw record snowfall. The most snow fell in Oxford and York counties along the New Hampshire border. More than 17 inches fell in Bridgton and about 20 inches made it in Acton. South Paris and Oxford both received about 15 inches of snow, while Springfield got about 11 inches. These are some of the highest amounts ever recorded in northern and eastern Maine, according to The Bangor Daily.

“This is an unprecedented storm because we’ve never had this much snow in October in one day,” said Michael Sempa, a meteorologist based in Gray. “We’ve beaten the previous record for the whole month in some places.”

You know the common saying about the weather here in New England — “If you don’t like it just wait a minute!”sAnd that’s exactly what the Maine Department of Transportation (MaineDOT) is recommending. Drivers shouldn’t drive in poor conditions. Car accidents can be avoided if we all avoid these conditions, but sometimes this isn’t realistic. For that reason, we’re here to offer you with safe-driving tips for the wicked winter weather to help you get to and from your destinations safely.

Winter driving tips:

-Tune Up. Make sure you have your vehicle checked out. Be sure that tires, batteries and windshield wipers are in working condition, and that all fluids are topped off.

-Buckle Up. Always wear a seat belt. Seat belts may be your best defense against injury in the event of an accident.

-Slow Down. Remember that handling your vehicle is trickier on slick roadways, and that posted speed limits are the limits for normal, clear weather conditions.

-Pack Up. Make sure you’ve got an emergency kit in your vehicle. This kit should include water, nonperishable food, medications, a flashlight, extra batteries and warm clothing. Always travel with a mobile phone.

-Stay Alert. There’s no time for distractions when you’re driving down a snowy road. Keep all of your attention on the task at hand — driving.

-Stay Informed. Check out MaineDOT’s Travel Information Service or call 511 or 1-866-282-7578 to learn about possible delays resulting from weather conditions or traffic accidents.

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As all of the zombies, ghosts, goblins and mummies head out for some neighborhood trick-or-treating adventures, there’s another scary monster lurking in the dark — child injury in Portland, Maine. It’s true. Halloween is one of the most dangerous times for children to be out and about. Their risks for a pedestrian accident are higher during this time that during any other time of the year.Don’t worry. The South Portland Police Department and our Bangor, Maine, personal injury attorneys are here to share some tips for parents and little monsters to remember while celebrating Halloween.

Parents who are supervising young trick-or-treaters and those who are able to roam the neighborhood alone should always plan their trip before heading door to door. Everyone should plan a route that is safe — one that isn’t along any major roadways, has sidewalks or safe shoulders, is well lighted and has safe crossing areas. Trick-or-treaters of all ages should have a curfew. The later it gets, the more dangers and risks we face for a pedestrian-car accident.

Tips to avoid a pedestrian accident this Halloween:

-Try to you make yourself and your little trick-or-treaters as visible to motorists as possible. You should wear reflective tape on your costume or carry a flashlight.

-Look left and right before and during your trip across a road. Although drivers should be on their best driving behavior, you must take it upon yourself to walk cautiously.

-Never trick-or-treat alone.

-Never go into a stranger’s house or car.

-Suit your child in comfortable shoes and make sure that all costumes are short enough to prevent a trip and fall hazard.

-Do not trick-or-treat at houses with no lights on.

Candy rules:

-Never allow children to snack on candy as their trick-or-treating. Make sure they eat dinner before heading out so they’re less tempted to snack.

-Examine all candy as soon as you get home. Make sure none of the candy has been opened or tampered with. If you see a piece in question, throw it away.

-Consider handing out non-food items like spider rings, bubbles, toothbrushes, etc.

Halloween at home:

-Make sure that all trip hazards are cleared from driveways, sidewalks and front porches.

-Be sure to wipe up any wet surfaces so that trick-or-treaters are less likely to slip and fall.

-Be sure that all lights are on and working proper outside the front of your house.

-Never leave a lighted pumpkin unattended.

We can all have a safe and fun Halloween if we follow these few safety rules. Motorists are urged as always to be cautious in residential areas, especially during dusk on the 31st. Be sure to keep a lookout for monsters on the roadway to prevent a scary car accident. Be safe and have a Happy Halloween!

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Maine is proudly participating in the 2011 National Teen Driver Safety Week, which is taking place this week through the 22nd, according to MarketWatch. During this time, parents are urged to talk with their newly-licensed drivers about safe-driving habits to help reduce their risks of a car accident in Portland, Maine, and elsewhere throughout the state.Recently, the state was presented with thousands of dollars from the Ford DSFL grant to help to educate teen drivers about safe traveling habits. The funds will be used by state officials to conduct activities and events throughout the state this fall to help with the teen driver education process.

Our Maine car accident attorneys understand that teen driving habits are a frequent topic of conversation among safe-driving advocates nationwide. With inexperience comes a serious risk of injury or death on our roadways. To help our young drivers gain confidence and experience behind the wheel, parents are urged to ride along with teens even when they possess an unrestricted license. Positive reinforcement can help boost their skills behind the wheel, and more supervised driving time can help to keep them safe on our roadways.

The AAA Foundation for Traffic Safety recently conducted and released its findings the risks that young drivers face.

The study concluded that teen drivers face the highest risks for an accident during their first 30 days of unrestricted driving. These risks are 50 percent higher than the risks they face during their first year of unrestricted driving, and about twice as high as the risks they face during their first two years of unrestricted driving.

Researchers conducted the study by installing cameras in the cars of teen drivers in North Carolina. About 60 percent of the accidents during a driver’s first 30 days of unrestricted licensing that a teen was found to be partially at-fault were caused by speeding, failing to yield and driver inattention.

Researchers also discovered that the involvement of speed decreased as a driver’s experience increased.

“We know that young drivers’ crash rates decrease quickly as they gain experience,” said AAA Foundation President and CEO Peter Kissinger.

Some researchers believe that teens are at such high risks during the first 30 days because of the way they were taught to drive. Many teens are allowed to drive only with parents through familiar roadways on routine trips in low-risk situations. None of this driving practice prepares them for what they will face on our roadways. Parents are urged to ride along with their teen driver in a number of scenarios, including nighttime driving, driving in the rain, driving in the snow, driving in heavy traffic, etc. This is the best way to help to prepare them for the real world of the road.

We urge that you use National Teen Driver Safety Week to talk with your teen driver about the importance of safe-driving habits and the consequences of bad ones. Unfortunately, car accidents continue to be the number one cause of death for teenagers in the U. . According to AAA, there were more than 730,000 drivers between the ages of 15 and 18 who were involved in police-reported accidents in 2009.

Go ahead and talk to your teen driver this week. Let them know about the importance of safe driving habits and about the consequences if they don’t pay close attention at the wheel. Your talk about these habits could potentially save their life on our roadway.

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A Knoxville pedestrian recently defied all odds and walked away from a car accident in Waldo County. The accident happened when a vehicle swerved to avoid hitting a deer and ran right into the man walking along the side of the road. He was taken to Eastern Maine Medical Center with a broken neck, according to the Republican Journal. The vehicle was traveling so fast that when it hit the embankment, it went flying through the air and skidded for a couple hundred feet.A second animal-related car accident in Maine turned fatal as an 18-year-old driver also tried to swerve to avoid hitting a deer. The accident happened in Harpswell when the young driver swerved to avoid contact with the animal. His vehicle was sent into trees lining the roadway. Upon striking the trees, the vehicle flipped.

Our Portland car accident attorneys would like to warn drivers about the increased risks we’ll be facing over the next few months. According to State Farm, the largest insurer of U. . private passenger auto, October through December are the most dangerous months on our roadways for deer-car accidents. From July of 2010 to June of 2011, there were more than a million car-deer accidents reported in the U. . These accidents can cause damage in a number of ways, to your vehicle, to motorists and to your pocketbook. An animal-related car accident typically costs drivers more than $3,000. Injuries can be much more serious.

In 2009, these types of accidents cost drivers nearly $5 billion. More than $3.5 billion was handed over to repair vehicle damage and about $1 billion was used to cover medical payments and other out-of-pocket costs.

In our state, there are approximately 3,000 deer-car accidents every year. About 10 accidents are reported every day and they’re reported throughout all areas of the state. In the last three years, there have been more than 9,000 accidents reported; killing two people and injuring nearly 400.

According to the Insurance Institute for Highway Safety, there were nearly 200 fatalities because of animal-related accidents in 2009 in the U. . These accidents resulted in another 10,000 motorist injuries.

The Maine Department of Transportation (MoDOT) offers you these tips to help avoid a deer-car accident:

-Turn on your high beams when there are no vehicles driving in front of you or any vehicles driving toward you. This will help to light up the road so that you’re better able to see deer. The light will also reflect from their eyes, which helps to make them more visible.

-Make sure that you always travel at a safe speed so that you’re able to stop quickly if you need to.

-Slow down when driving through fog and rain. Poor weather conditions reduce your ability to spot a deer.

-Always scan the roadside.

-If you see a deer cross the road, be cautious as there are probably more. Deer usually travel in groups.

-Always wear your seat belt.

-Be extra cautious during dawn and dusk. About 70 percent of these accident occurred when it was dark out.

In the last three years:

-Cumberland County experienced nearly 1,500 deer-related accidents.

-Penobscot County had more than 1,200 accidents.

-Kennebec County had more than 1,000 crashes.

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