Articles Posted in Auto Accidents

As cooler temperatures descend upon the northeast, so too does inclement weather. Although Maine is no stranger to snowstorms, ice, and other cold-weather events, driving in these conditions can be challenging and potentially deadly for even the most experienced drivers. It is essential that if you need to travel during the winter months, especially when weather events are taking place, you exercise the utmost caution to avoid a Maine weather related car accident.

In a recent news report, two people died in a crash while traveling during a snowstorm. The vehicle was traveling north when it crashed and went over an interstate guardrail near an overpass. The car landed on its roof before going over another guardrail and catching on fire. The driver and his passenger, both locals of Sanford, were pronounced dead on the scene when local authorities responded to the accident. Following an investigation into the accident, law enforcement cited speed, weather conditions from the snowstorm, and traffic congestion from another crash as major factors in causing the accident.

Following an accident involving poor weather conditions, you may be wondering if you have a legal claim. Although each case depends on the circumstances surrounding the crash, there are a few scenarios where you may be able to still recover compensation. For example, if the weather played a contributing factor in causing the accident, the other party may claim that the crash was “an act of God.” However, this defense only works if the weather was very unexpected or so significantly unusual that the other party could not have anticipated the weather.

Seat belts are a crucial part of ensuring your safety while driving in Maine, whether you’re the driver or just a passenger. Unfortunately, despite how common and easy it is to buckle up, thousands of people every year are still involved in car accidents that result in tragic fatalities or significant injuries that were avoidable had they worn a seat belt. According to the National Highway Traffic Safety Administration, of the 37,133 people who died in car accidents in 2017, 47% of them were not wearing seat belts. Based on this data, 14,955 lives were saved because of seat belt use, and 2,549 could have been saved had they buckled up.

Based on a recent news report, a local head-on collision left one woman dead and two men in the hospital. According to local authorities, their initial investigation showed that the woman was driving her vehicle when she collided in her travel lane with a man headed in the opposite direction. The woman died on impact, and her son, who was in the vehicle with his mother during the accident, was transported to a local hospital where he was treated for wrist and rib injuries. The man in the other vehicle was airlifted to a local hospital, where the local police report that he is in critical condition. Following the accident, both vehicles were demolished. Authorities say that the man involved in the accident was not wearing a seat belt, but the deceased woman and her son were. The crash remains under investigation and is being forensically mapped out by local law enforcement as they attempt to determine the cause of the collision.

Like other states, Maine has specific laws about safety restraints and seat belts. For adults, when the person driving the vehicle is 18 years of age or older and operating a car required by the U.S. Department of Transportation to have seat belts within the vehicle, the driver and passengers must be wearing seat belts. If this law is violated, drivers can be fined up to $50 for the first offense, $125 for the second offense, and $250 for any future offenses that may add up. Based on local laws, if seat belt laws are violated, a vehicle and its contents can be searched along with its driver and passengers. However, an accident victim’s failure to wear a seat belt will not impact their ability to recover compensation from the at-fault party.

Under Maine personal injury law, accident victims or their loved ones may seek compensation for their damages against the at-fault party. However, issues arise when the at-fault party dies at any point after the accident. When a defendant in a Maine personal injury action dies, victims must take specific steps to preserve their rights and remedies.

Personal injury claims generally survive the death of a defendant in a Maine injury lawsuit. State law permits a plaintiff to continue their claim against the defendant’s estate. When this occurs, the defendant or plaintiff must file a motion with the court to substitute the at-fault party’s estate as the defending party. This applies whether the defendant dies before or after the filing of the case. In either situation, the plaintiff is a victim of wrongdoing, and they maintain the right to compensation for their damages.

For example, a recent Maine news report describes a head-on crash that caused a four-vehicle collision, resulting in two fatalities. According to the Police Chief, he discovered a vehicle crashed head-on with a tour bus, and another car collided head-on with a dump truck. Evidence suggests that one of the cars crossed into the center lane and hit an SUV, the SUV spun out of control and was hit by the dump truck. The car then slammed into a tour bus, resulting in the death of two people inside the car. If an investigation reveals that the car driver was responsible for the accident, the victims or their family members may file a claim against the deceased driver’s estate.

Although the Federal Motor Carrier Safety Administration (FMCSA) classifies buses as one of the safest forms of transportation for passengers in the United States, the safety does not extend to people not on the bus. The FMCSA reported that the country experiences over 50,000 bus accidents every year, resulting in thousands of injuries and fatalities. The sheer magnitude of buses makes them a serious and potentially deadly threat to Maine motorists, bicyclists, pedestrians, and bystanders. In some instances, bus passengers may suffer injuries and death as well. Despite the training that bus drivers must complete, many Maine bus drivers operate their vehicles without the proper concern for others’ safety. In these cases, Maine bus injury victims may seek compensation for their damages.

Many reasons can cause a Maine bus driver to collide with another motorist or pedestrian. These drivers encounter the same risks and hazards as other motorists; however, the accidents come with much more significant consequences. Although the rate of injury is lower, Maine bus passengers face risk when traveling in these vehicles. The primary risk stems from the state’s lack of seat belts on many public and school buses. Although some manufacturers add seat belts on these vehicles, most individuals do not have access to buses with seat belts, and there are vague rules requiring wearing them. Further, most Maine transit buses are overcrowded, especially during peak travel times. Overcrowding leads to many passengers standing closely together without access to safety handles. If an accident occurs in this situation, the passengers may ram into one another, resulting in more serious injuries.

There are even more dangers to those not traveling on the bus. Most Maine transit buses weigh between 20,000 and 40,000 pounds. As a result, a moving bus generates over four times as much energy than a typical vehicle. Further, the design of these buses often results in many blind spots. This often impairs a driver’s ability to gauge their surroundings safely, which can result in a collision. These accidents can have long-lasting and potentially fatal consequences.

As people become accustomed and adjust to social distancing and the “new normal,” our shopping centers and roads are becoming busy again. With more people out and about, that also means a higher likelihood of potential accidents. Car collisions can truly occur anytime, anywhere, and often happen when you least expect it to. When you find yourself involved in an accident, sometimes it can fuel a lot of adrenaline and anxiety. However, everyone should take a few crucial steps when they’re involved in a Maine auto accident, especially in regards to reporting the incident to the proper authorities.

A recent news report discussed a car accident that took place near the entrance of a shopping center and left at least one individual hospitalized. According to those on the scene who witnessed the accident, a car collided with a sign placed where two lanes diverge. The car then slid into the opposite lane and crashed into a truck. Following the accident, local fire rescue, police, and the sheriff’s office all responded to the crash. Many cars near the accident were trapped in the lane and surrounded by emergency vehicles until law enforcement could re-direct traffic around the scene of the accident.

Auto accidents can be an extremely stressful experience, and are often laced with chaos and confusion. In Maine, following a car accident, state law requires that you file a report to the police if you are on a public road and have caused more than $1,000 in property damage or bodily injury. In parking lots or private property, however, you do not have to report. Failure to notify the local authorities of an accident is considered a Class E crime and can result in your license being suspended.

Maine head-on collisions are typically some of the most devastating types of accidents because they tend to lead to serious injuries or death. Unlike other collisions, head-on collisions involve two cars that are traveling toward each other before the accident. In these accidents, the drivers and front passengers are often flung toward, and maybe through, the front windshield. According to the Insurance Information Institute, head-on collisions account for approximately 2 percent of motor vehicle accidents, but they lead to 10 percent of yearly accident-related deaths.

For example, recently, a Maine news report described a harrowing head-on collision involving a car and a pickup truck. An initial investigation revealed that a sedan heading east crossed into a center lane. The pickup truck driver was traveling westbound when the sedan slammed into his vehicle. The sedan driver was not wearing a seat belt and was ejected from his car. His female passenger was wearing a seat belt but died at the scene of the accident. The pickup truck passengers were wearing seat belts, but were transferred to a hospital for their injuries.

Like the collision above, most head-on accidents occur when a motorist crosses to the wrong side of the road. Although these situations may occur because of poor road conditions, defective vehicles, and bad judgment, the majority occur because of driver impairment. The at-fault driver may be fatigued or driving under the influence of drugs or alcohol. In fact, the Centers for Disease Control cites drowsy driving as a leading cause of head-on collisions.

In Maine, individuals who suffered injuries or died in a car or other accident because of another’s fault, may be entitled to compensation for their damages and losses. However, even if the evidence suggests that the other party was at fault, each case presents unique circumstances that may affect liability and recovery. One of the most challenging situations is when the defendant experiences a medical emergency that leads to an accident.

Under Maine’s negligence laws, plaintiffs must establish that the at-fault party deviated from a reasonable person’s standard of care. A “reasonable person,” is one who exercises average care and judgment in their conduct. However, the law allows for flexibility, which is relevant to the affirmative “sudden emergency” defense. This doctrine applies in situations where the at-fault party experiences an unavoidable medical event or encounters an “Act of God”, that leads them to cause an accident.

For example, recently, a Maine news report described an accident involving a medical emergency. In that case, a driver experienced an undisclosed medical emergency when he crossed into an oncoming lane of traffic and off the road. The driver then slammed into a pedestrian. The pedestrian was taken to a hospital where he later succumbed to his injuries. Although the case is still under investigation, police urge Mainers to engage in safe driving behaviors and refrain from operating their vehicle if they are ill or under the influence of drugs or alcohol.

After a Maine motor vehicle accident, injury victims are likely suffering physically, emotionally as well as financially. One way to ease this burden is to pursue a claim for damages through an insurance claim or personal injury lawsuit. However, challenges arise when the responsible party fled the scene of the accident or failed to provide their identifying information. In these cases, Maine treats the accident as a hit and run. It is important that Maine hit and run injury victims contact an attorney to help them through these complicated situations.

There are many reasons that a motorist may leave the scene of an accident. However, it typically occurs if the driver was engaged in some illegal activity, such as driving without a license, or driving under the influence of drugs or alcohol. Additionally, hit and run motorists may want to avoid paying damages or being named in a lawsuit. In some rare cases, the driver may be experiencing a medical event or not realize that they hit another vehicle or person.

In any event, hit and run accidents often result in more serious injuries and leave victims in a challenging position. Once the responsible party flees the scene, they can be difficult to identify and locate. Police may investigate the accident scene, review video footage, and interview witnesses; however, this investigation may fall short in some cases. In contrast, attorneys often work with a team of investigators and forensic experts that can help in recreating the scene of the accident. These resources provide clients with a higher likelihood of success in resolving their cases.