Articles Tagged with auto accident

Motorcyclists in Maine are at higher risk of injuries and death than occupants of other types of motor vehicles. The National Highway Traffic Safety Administration (NHTSA) reports an estimated 88,000 motorcyclists are injured and nearly 5,000 killed each year in the U.S. Per vehicle mile traveled, motorcyclist fatalities occurred nearly 29 times more frequently than passenger car occupant deaths in crashes. This is part of the reason why Maine requires motorcyclists to carry insurance coverage. Legal News Gavel

The state requires riders to carry a minimum of $50,000 for injury/death to any one person, $100,000 in bodily injury liability for a single Maine motorcycle accident resulting in the death or injury of more than one person, and $25,000 in property damage coverage. State law also mandates uninsured/underinsured motorist coverage.

If an auto insurance policy is cancelled and not reinstated prior to a crash, obtaining coverage can prove difficult, if not impossible. One aspect our Maine injury lawyers would explore in that case is whether the insurer satisfied the statutory notice requirements as set forth in 24-A M.R.S. Section 2914(1).

Auto insurance policies generally cover sudden or unexpected injuries that involve an automobile. This doesn’t always necessarily mean that the only incidents that would be covered would be those involving a vehicle-on-vehicle collision while at least one of the cars is in motion. However, neither can it mean, according to a recent Maine Supreme Judicial Court opinion, a Maine dog bite that did not specifically arise from the use of the automobile.Legal News Gavel

A similar case arose in 1987, with the same court deciding in Union Mut. Fire Ins. Co. v. Commercial Union Ins. that a gunshot wound incurred when a weapon in the back of a vehicle was accidentally discharged was not covered under the auto insurance policy.

In the more recent case, the dog in question was co-owned by two unmarried individuals. While the female co-owner of the dog had an auto insurance policy that covered her and her vehicle, the male co-owner was operating one of his employer’s cars to meet the plaintiff, who had purchased an old pickup truck from the dog owner’s son. The dog owner brought his dog with him in the car. While transferring the pickup truck, someone (it is disputed who exactly it was, but the issue isn’t material) opened the door to the vehicle with the dog in it. The dog, without leaving the vehicle, bit the plaintiff in the face.

State lawmakers in both the House and the Senate have approved a Maine distracted driving bill that would ban hand-held cell phone use, which would make it one of 15 states to do so.Legal News Gavel

Although Maine already has several laws that prohibit distracted driving, none of those outlaw operating a vehicle while talking on a hand-held cell phone. This measure would change that, with the hope of lowering the risk of Maine car accidents caused by distracted driving.

From an injury law standpoint, it may provide a stronger foundation on which to assert claims of negligence in the event of a crash resulting in injuries.

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