As reported in the Portland Press Herald on December 15, 2010
” . . .
A Subaru Outback driven by Laura Breault, 48, of Knox, was heading east toward Brooks. Breault was taking her 15-year-old daughter, Jessica, to school, Keating said.
Coming toward them from the west was a tractor-trailer hauling a partially-filled milk tank, driven by Daniel Crockett, 44, of Rome. The tanker was owned by H.A. Haskell & Sons, of Palermo.
Breault’s car began to skid, Keating said, and it swerved right into the path of the tractor-trailer. On impact, the trailer jack-knifed and both vehicles fell into a ditch.
Both Breaults were declared dead at the scene and they had to be extricated from the remains of the vehicle, Keating said. Crockett was not injured.
Dep. Matt Curtis investigated the accident, which was being reconstructed by Dept. Ben Seekins. Maine State Police also assisted at the scene.
. . . “
From this report, it appears that Laura Breault is the driver legally at fault for this accident. Certainly, the weather was a factor, however, even in inclement weather, each driver is responsible for maintaining control of his or her vehicle. If the report is accurate, the driver of the milk truck was not negligent. That being said, a careful review of the accident reconstruction will be necessary to confirm this initial version of the events. It is likely that the estate of Jessica Breault will, sadly, have a claim against the estate of her mother. A careful reading of the insurance policies covering the household and the vehicle will be necessary to confirm whether there is available coverage. A case of this nature requires sensitive and caring attention. The team at Peter Thompson and Associates, unfortunately, has vast experience dealing with wrongful death claims. We specialize in providing excellent customer service and quick results. For more information, contact Peter Thompson & Associates at 1-800-917-1784 or read more on our website www.Peter-Thompson-Associates.com on our car accident practice page.