Articles Tagged with auto accident lawyer

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Maine elected officials say they are prioritizing road safety in all future road construction projects. They are intent on driving down the number of injuries and deaths among drivers, pedestrians, and bicyclists.

The renewed commitment to improve safety comes amid reports from the Maine Transportation Safety Coalition that 131 people have died so far this year in Maine auto accidents, compared to 105 the year before, 112 the year before that, and 95 the year before that. Furthermore, a state-commissioned task force assigned in February to study ways to reduce traffic accidents in Maine has just released its final report. As of October 15th, there were 15 people killed in Maine pedestrian accidents so far this year. That’s substantially more than the nine who were killed at the same time last year, according to the Maine Bureau of Highway Safety.

It’s part of a larger trend of rising road deaths and injuries that is reflected nationally. The National Highway Traffic Safety Administration reports there were 6.3 million police-reported traffic crashes in the U.S. in 2015, with 35,000 people killed and another 2.4 million people injured. While drunk driving, distracted driving, and speed do play an out-sized role in these incidents, the task force also underscored the importance of better road design in Maine.  Continue reading

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At a time when Maine distracted driving accidents are of growing concern, the state’s high court has lowered the proof burden for law enforcement officials in distracted driving crashes. The ruling, which applies to civil and administrative matters for distracted driving accident liability, holds it isn’t necessary to prove the driver’s specific diversion. Instead, the presentation of circumstantial evidence may be sufficient. 

The Maine Supreme Judicial Court weighed the case, stemming from a 2015 multiple-vehicle collision that resulted in the death of one of the vehicle occupants.

According to court records, it had been a clear day, the road was dry, and there was nothing that obstructed the defendant driver’s view on Route One in Woolwich. The driver of a truck was traveling northbound – in the same direction as a car up ahead, when the driver of the car activated his turn signal and slowed down to turn left. The car driver wasn’t able to turn immediately because of heavy southbound traffic, so he came to a full stop and waited for his chance. The car driver then looked up into his rearview mirror to see the truck driver approaching without slowing down. He then saw him swerve at the last second.

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We assume that when someone’s conduct behind the wheel is so egregious they receive a “lifetime driving ban” that it means just that – they’ll no longer be able to lawfully drive. It turns out that it’s not so in Maine. 

This was highlighted in a recent case out of Fairfield. There, a man previously from Skowhegan was convicted of drunk driving for a 1996 crash that killed three people and injured two others. For this crime, as part of his sentence, the judge imposed a lifelong ban on his driving privileges. That should have been the end of the story, but as it turns out, there is a loophole in Maine law. If a person’s driver’s license has been “permanently” revoked, they are still allowed to petition the court for reinstatement of that license if 10 years have passed since they were released from prison.

After this case was highlighted by the Press Herald, two lawmakers from central Maine who are members of the Criminal Justice and Public Safety Committee vowed to introduce a bill that would scrap that section of the law. In an interview, they noted it was “upsetting” that the word “permanent” doesn’t actually mean that under state law. They say there should be no chance for a driver like this one to appeal years after a judge ruled they should never be allowed to drive again.

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Spring brings a welcome respite for many in Maine who braved a bitter winter and are now looking forward to warmer days ahead. But for drivers, spring also brings what can be an unexpected hazard:  frost heaves.

These are an uplift of water-soaked soil or other surface deposits that rise up due to expansion and freezing. In some cases, the rise can be so dramatic that it breaks through the pavement of the road, creating a major risk for drivers. Maine residents have given the road features many monikers:  asphalt crevasses, nature’s speed bumps, chuck holes, and paved divots. Although they regularly appear every spring season, they can still catch operators by surprise.

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There are many challenges drivers face as they age. Vision deteriorates and reflexes dull. That’s why many states – including Maine – have provisions in place requiring senior drivers to undergo additional testing and in-person renewals.

The Maine Bureau of Motor Vehicles is one of the more stringent. Drivers are first required to undergo a vision test at age 40 in order to renew their license. Drivers older than 65 have to renew their state-issued licenses every four years, as opposed to every six years, as younger drivers do. Drivers 62 and older are required to undergo a vision test every second renewal. The bureau also accepts requests from anyone with personal knowledge of a driver who may pose a safety concern to others. Road tests may be required if the bureau has reason to believe the driver may be unfit. Bureau personnel have the authority to restrict the driver’s licenses of elder drivers to prevent them from driving when it’s dark or only allow driving within a certain area.

As the population ages (the U.S. Census opines the percentage of the over-65 population will more than double by 2050), states are not rushing to impose additional regulations. In fact, some state legislatures have actually been actively rejecting these measures, according to a recent report published by the Portland Press-Herald. In fact, while 60 million older adults are expected to be on the nation’s roadways by 2030, some legislators are taking the position that licenses should not be restricted solely on the basis of age.

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A Maine car accident resulted in injuries for a 38-year-old woman in Holton when she was rear-ended on I-95 by an unknown driver, sending her car careening off the road and into a cluster of trees. Her car was crushed by the impact of the collision, but the other driver never stopped – as required by Maine statute. The Bangor Daily News reports authorities later received a tip that a 28-year-old Texas man may have been involved, since his Ford F-350 with significant front end damage was being repaired at a local garage. He was reportedly not injured in the crash, and authorities located him at a local motel. They have charged him with leaving the scene of a crash involving a personal injury, driving to endanger, and operating with a suspended license. 

Many people erroneously think that if you are struck in a hit-and-run accident, you can’t make a claim for a personal injury lawsuit because either the driver was never located, or the driver didn’t have any insurance. which is why they fled in the first place.

However, victims of hit-and-run crashes in Maine are not without options, as our experienced personal injury lawyers can explain. One of the best options for victims is uninsured motorist (UM) coverage, which allows car accident victims to pursue compensation from their own auto insurance company for injuries caused by an uninsured – or unidentified – at-fault driver. There is also underinsured motorist (UIM) coverage, which helps make up the difference when an at-fault driver’s auto insurance doesn’t cover the full extent of your damages.

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Most auto accidents – even serious ones – fade from the headlines days or sometimes just hours after they occur, after the wreckage has been cleared and traffic is moving once again.

But even for those who survive these frightening ordeals, the pain, injuries and scars are something with which they will struggle for a lifetime.

One Waterville man knows that struggle all too well. He was involved in a horrific crash three years ago. His was one of three vehicles involved. Doctors weren’t sure if he would survive. He was in a coma for a month, and since he awoke, the list of his acute and chronic medical problems has been daunting, something he must overcome daily. Tacked onto the struggle was the fact he lost most of his hearing.

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