Articles Tagged with Bangor injury attorney

The issue of comparative fault in Maine personal injury lawsuits is a significant one because, depending on the degree of it, an injured person’s right to collect damages may be significantly reduced or eliminated entirely.

Maine Revised Statute Titel 14 Part 1 Chapter 7 Section 156 covers “comparative negligence.” The law states that when a person suffers death or damages that are party the result of that person’s own fault, the claim isn’t barred entirely, but the amount of damages recoverable are to be reduced to such an extent the jury believes equitable, accounting for claimant’s share of responsibility. So if a plaintiff wins $100,000 in damages but is deemed to be 25 percent comparatively negligent, he or she will only collect $75,000 from defendant.

If a plaintiff is determined to be equally or more at-fault for his or her injuries, plaintiff cannot recovery any damages. Continue reading

A series of massive rainstorms over Maine recently set a daily rainfall record in Portland, with nearly 6 inches of water. In nearby Searsport, the precipitation reached almost 10 inches a day.

The storms made headlines as they caused flooding throughout the state, cut off roadway access and in some cases, reached as high as the windows of passing vehicles.

This kind of weather, which is treacherous to anyone caught driving, may seem an anomaly. However, as the Bangor Daily News reported, these kind of “extreme” rain and snow storms are likely here to stay. That assertion is according to a 2012 study that revealed the frequency of these “extreme” events has increased dramatically. What used to happen once year is now happening two or three times, a 74 percent increase. As one meteorologist put it: The severe storms our grandparents experienced once a year when they were young are now happening every six- to- seven months. Continue reading

A motorist in Orient, about two hours north of Bangor, crashed his vehicle as he attempted to take a “selfie” while driving.

In so doing, he not only wrecked his car, he and two of his passengers were injured and had to be rushed to a local hospital. He had reportedly been with seven passengers total. In an attempt to immortalize the good time they were having, the man took out his camera phone, leaned in to be included in the shot – and then lost control of his car, slamming head-on into a tree.

That’s according to several media reports, which indicate the driver was not a teenager, but rather a 29-year-old man. The others in the vehicle were between the ages of 28 and 35. The two friends who were injured were seated in the front seat and were not wearing seat belts. Continue reading

A wrongful death lawsuit has been filed by the family of a teacher killed, her two young children seriously injured, after a 17-year-old high school student allegedly crossed the center line in his parents’ vehicle. He struck the teacher’s car head-on in Berwick.

The estate of the elementary school teacher is being represented by her father and a family friend on behalf of the minor children, ages 4 and 7 at the time of the crash. Named defendants include the 17-year-old driver and his parents.

The lawsuit was filed just before the statute of limitations deadline. In Maine, plaintiffs have two years from the date of a person’s death in which to file a wrongful death action. Personal injury actions, meanwhile, can be filed up to six years after the injury occurred. Continue reading

Heavy fog and speed are being cited as the likely cause of a fatal, single-vehicle crash in Limington recently, claiming the life of a 23-year-old woman from the same town. 

Three others are injured, including the driver. One of the other passengers has been listed in critical condition, while the two other have been deemed “stable.”

The fiery wreck occurred sometime around 3:45 a.m. A local homeowner heard the sound of the wreck and rushed to the woods near his home to assist. He helped pull the driver and another passenger, who were trapped inside, from the burning vehicle. The decedent and other passenger (who is in critical condition) were both ejected from the vehicle.

In most areas of law, the legal system does not allow one person to be held responsible for a third-party action of another.

But there are several exceptions, and a few of those relate to a situation unfolding in Rockland, little more than an hour north of Bangor. According to The Bangor Daily News, a pub owner has just had his renewal for an entertainment license rejected. In its decision, council cited repeated noise violations, numerous liquor violations of alcohol being sold to minors and pages and pages of police reports originating from that location.

Neighbors who own property near the pub have made numerous complaints. They say disturbances occur nightly, and they are constantly cleaning up cigarette butts and urine stains from the sides of buildings.

On Thanksgiving morning, a man in Bangor had to be extracted from his vehicle by firefighters using the jaws of life. The painstaking recovery occurred as the 32-year-old was leaving a nearby restaurant close to 1 a.m. on Bangor Mall Boulevard. The snow was wet and heavy, and it was the second major storm since winter season has taken hold.

Officials say the vehicle was so badly damaged, there was no way to get to the seriously injured man except with heavy equipment. Although details of exactly how the crash occurred haven’t yet been released, we do know it was a newer-model vehicle that took a sharp turn, struck a stone and flipped onto its side.

The driver, who suffered serious but non-life-threatening injuries, has been charged with operating under the influence. It’s believed he previously consumed alcohol or drugs or possibly both before getting behind the wheel. It was the only serious accident to reportedly occur in city limits amidst the storm.

When three young children and their parents were exposed to toxic lead in their rented Maine home, they sought compensation through the courts.

After being denied a jury trial on some of the negligence complaints raised, the family lost the remaining claims at trial.

But now, the Maine Supreme Court has found clear errors in the way the trial court handed the case, ruling that the burden of proof was unfairly shifted to the plaintiffs. The victims will now have the opportunity to seek a new trial in the case of Bratton v. McDonough.

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