Auto Accidents

December 27, 2019

Winter Weather Car Accidents in Maine

The winter storm season in Maine is among the most intense in the United States. Indeed, Maine residents can see upwards of 110 inches of snow per year, depending on which part of the state is their home. Needless to say, all this snow creates a serious hazard for Maine motorists. According to the most recent state government statistics, there are over 6,000 Maine car accidents each year caused by winter driving conditions.

Maine drivers face many potential hazards in the winter, including snow, ice, sleet, and freezing rain, as well as potholes, snowplows, obscured road markings, other motorists driving too fast for the conditions, and uncleared roads and parking lots.

In Maine, motorists have an affirmative obligation to make sure that they are safely operating their vehicles at all times – regardless of the weather conditions. For example, Maine speed limits are designed to be used as a guideline during ideal road conditions. However, during periods of reduced visibility, when it is snowing or raining, or when the temperatures are below freezing, motorists should slow down below the posted speed limit. If a driver fails to reduce their speed according to the weather conditions and causes an accident as a result, they may be liable for any resulting injuries.

December 20, 2019

Auto-Pilot Technology Still Poses a Risk to Maine Drivers

by Peter Thompson & Associates

Self-driving cars are gaining traction among many drivers across the United States. Although manufacturers of these vehicles emphasize their safety, these vehicles still pose significant risks of Maine car accidents. The popular electric car company Tesla uses an autopilot feature to allow drivers to let go of the wheel while driving. According to developers, the cars work faster than humans and work by collecting vision, sonar, and radar data to process driving conditions. The autopilot feature helps cars stay in their lanes, match speed conditions, shift lanes when necessary, and self-park. Despite these features, Tesla urges drivers to remain alert while operating these vehicles and keep their hands on the steering wheel.

This warning seems to contradict many of the company’s claims regarding the safety and reliability of their cars. However, Tesla’s CEO posts videos of drivers engaging the system without their hands on the steering wheel. In response to safety concerns and accidents involving these vehicles, Tesla continues to stand by their position that its autopilot feature is a safer way to drive.

Tesla claims that its autopilot feature is almost 40% safer than driving without this system. However, safety experts argue that Tesla’s statistics are flawed and do not accurately reflect crash data. In fact, Tesla’s autopilot feature was engaged during three fatal collisions in the United States. More recently, Tesla’s autopilot feature was engaged when a car rear-ended a police vehicle in Connecticut. According to a news report, after the accident, the driver told the police that he was tending to his dog in the backseat when the car collided with the police vehicle. Fortunately, the police car was disabled, and no one suffered injuries; however, images show substantial damage to the vehicle. Police cited the driver with a misdemeanor summons for reckless driving and endangerment. If the car were occupied, the driver would likely face civil liability claims as well.

November 26, 2019

Liability in Maine All-Terrain Vehicle Accidents

by Peter Thompson & Associates

In an attempt to enhance safety and reduce accidents, the Maine Department of Transportation (DOT) gathers data and provides statistics regarding Maine motor vehicle crashes. Most recently, the DOT reported that Maine experiences one fatal crash every 60 hours, and one personal injury crash ever 56 minutes. There have been over 30,000 traffic accidents, and many of these involve all-terrain vehicles (ATV).

ATVs are motorized off-road vehicles typically used for recreational purposes. There are many risks associated with these vehicles because of their design and limited restrictions on their operation. Although Maine prohibits children under ten years old from operating an ATV, they do permit children and teenagers over ten and under 16 years old to operate them if they complete a training course. Moreover, while typical driving under the influence statutes applies to ATV drivers, many times, riders engage in this unsafe behavior because there are not many law enforcement officials patrolling the areas where these vehicles are usually driven.

There are several leading causes of severe and fatal ATV accidents in Maine. For example, accidents may arise when a driver uses an ATV on a paved surface, as these vehicles are designed for off-road use and not pavement. Further, most ATVs are single-rider vehicles, and an additional passenger can throw off the vehicle’s balance. Also, many times, accidents result because drivers lack training and supervision. Drivers who unsafely operate an ATV can cause substantial injuries to themselves, bystanders, and other drivers.

October 28, 2019

Five Hospitalized Following Recent Maine Car Accident

by Peter Thompson & Associates

Earlier this month, a Maine car accident in Lisbon sent five to the hospital, three of whom remained hospitalized for more than 24 hours with critical injuries. According to a local news report covering the accident, the two vehicles, a Subaru and a Chrysler, were headed in opposite directions on Route 196, also known as Lisbon Road, early in the afternoon. For unknown reasons, the Subaru crossed into the opposite lane of traffic and collided with the Chrysler. The crash was so severe that Route 196 was closed for two and a half hours afterward, and police are still investigating exactly what happened.

All five people involved—an older couple in the Chrysler and a young couple with an infant in the Subaru—were taken to the hospital after the crash. Unfortunately, the passengers of both cars, a 71-year-old woman and a 29-year-olf woman, remained in critical condition more than 24 hours later. The latter suffered very severe upper-body injuries and had to be taken to the Intensive Care Unit. The driver of the Subaru, presumed to be at-fault, also suffered severe injuries.

When an accident occurs as a result of a driver’s mistake, Maine law allows the victims to hold the at-fault party responsible, usually through a negligence action. Under Maine personal injury law, all drivers have a duty to exercise reasonable care on the road, to avoid injuring others. If they breach that duty, a plaintiff injured by their actions – whether it be intoxicated driving, distracted driving, or reckless driving—may be able to hold them liable.

September 19, 2019

When Can a Medical Condition Be the Basis of a Maine Car Accident Lawsuit?

by Peter Thompson & Associates

The Bureau of Highway Safety and the Maine Department of Transportation periodically release Maine crash data. These reports indicate that the leading causes of Maine accidents are distracted and inattentive driving, lane departures, speeding, and impaired driving. Many people believe that impaired driving is only a result of alcohol or illicit drug use; however, impaired driving also includes those driving while under the influence of a prescription medication that was prescribed to treat an underlying medical condition. It can also include those who drive while suffering from certain medical conditions.

Some medical conditions make it unsafe for an individual to drive a vehicle. People who know or should know that their medical condition can cause driving impairment should take appropriate precautions before operating a motor vehicle. In some instances, driving may not be safe at all. Certain medical conditions may predispose a person to engage in unsafe driving. For example, seizure disorders, sleep disorders, limited eyesight, and other conditions that require medication may limit a driver’s ability to drive safely.

If a driver’s health condition is the cause of an accident, they may be liable for any injuries caused by the accident. Establishing liability in typical impaired or drunk driving accidents may be straightforward; however, accidents resulting from medical conditions can be more complicated. Drivers owe others a standard of care to operate their motor vehicle safely. If a driver knows or should know that their medical condition or medication can cause impaired driving, they should not risk the safety of others by driving. If they fail to take the appropriate precautions and cause an accident, they may face liability.

September 12, 2019

Three Killed by Drunk Driver in Recent Maine Car Accident

by Peter Thompson & Associates

Earlier this month, three individuals were tragically killed in a car accident in Acadia National Park. According to a news report covering the accident, the driver had been drinking late into the evening on the night in question, yet mistakenly thought that he was able to drive. While specific details about the accident are not yet known, the report indicates that the driver, while traveling faster than the 25 miles per hour speed limit, lost control of his vehicle on a curve and then hit a tree.

The driver called 911 after the crash, and officials immediately responded. Three victims were identified, ages 27, 30, and 36. Law enforcement recently charged the driver with three counts of manslaughter, one for each victim.

Unfortunately, traffic deaths resulting from car or truck accidents are not uncommon and are a huge cause for concern in Maine. According to the Maine Department of Public Safety, traffic deaths in 2019 are up 24% from 2018. Before this tragic accident occurred, 105 people had been killed on Maine roads in 2019 so far. These deaths can result in criminal charges, potentially carrying fines and jail time for the driver, but the filing of criminal charges does little to help the accident victims, or their families, deal with the expenses incurred in the accident’s aftermath.

July 24, 2019

Can an Injury Victim Who Is Partially at Fault Still Recover Through a Maine Personal Injury Lawsuit?

by Peter Thompson & Associates

While some accidents are solely the cause of one party, it is not unusual for multiple parties to share responsibility for an accident. One of the most common questions Maine personal injury victims have is whether they can pursue a claim for compensation if they were partially at fault for the accident resulting in their injuries. The answer, as is often the case with legal questions of this nature, is “it depends.”

Maine courts employ the doctrine of modified comparative negligence when it comes to determining which injury victims can recover for their injuries. In many jurisdictions using a comparative negligence system, a partially at-fault plaintiff can recover for their injuries; however, a plaintiffs’ recovery amount will be reduced by their percentage of fault. Thus, if a plaintiff suffered $400,000 in personal injury damages but was found to be 25 percent at fault by the jury, the plaintiff’s total recovery amount would be $300,000.

Under Maine Rules of Civil Procedure section 156, as long as the injury victim is less than 50% percent at fault for the accident, they are legally permitted to recover for their injuries. However, unlike other jurisdictions, Maine courts “instruct the jury to reduce the total damages by dollars and cents, and not by percentage, to the extent considered just and equitable.” In so doing, juries should consider the plaintiff’s share of responsibility, but should not strictly rely on percentages when reducing a plaintiff’s award figure. In addition, the court must instruct the jury that their award amount will be the final verdict in the case and that there will be no further modification by the court.

June 26, 2019

Maine Lawmakers Fail to Pass Bill Mandating Vehicle Ice and Snow Removal

by Peter Thompson & Associates

Summer is in full swing, but lawmakers in Maine recently had their minds on the winds of winter when they debated a bill that would have penalized motorists who failed to remove ice and snow debris from the roofs of their cars before traveling at faster speeds. It’s already a requirement of motorists in numerous other states, including nearby New Hampshire with Jessica’s Law. Our injury lawyers have learned that the Maine bill, S.B. 1527, has died in committee. This is unfortunate given that the measure had bipartisan backing, and with vigilant enforcement, might have made a notable difference in Maine roadway safety this upcoming winter season.

Had S.B. 1527 passed, it would have amended Sec. 1. 29-A MRSA §2396, sub-§5 (pertaining to unsecured loads) to include a provision fining $250 to any motorist traveling 40 mph or faster on a public way with a “load of solid precipitation on the motor vehicle.” Solid precipitation was defined to include snow, ice, sleet and hail. Exceptions were to be made for “minor amounts” of solid precipitation where a reasonable effort had been made to remove the load, but otherwise, having a lump of snow on the roof of your car would be grounds for a steep fine under the act which would have doubled for second or subsequent offenses. The one major weakness in the measure was that it exempted commercial vehicles, very often the culprit in these cases.

Why Snow and Ice on Cars is So Dangerous

Car accident lawyers know public opinion on car snow and ice removal is somewhat split. Obviously, there are those who say daily snow and ice removal from one’s vehicles is a major hassle. On the flip side, those clumps of debris and shards of ice can cause serious accidents. For example, Jessica’s Law in New Hampshire is named for a teenager who was struck and killed in 1999 by another driver who lost control on the highway when a huge chunk of ice that flew from a box truck smashed his windshield. This January in Wells, Maine, a driver’s entire front windshield was shattered when a hunk of solid ice came flying off another vehicle. In another similar incident that same month in Freeport, a woman and her three daughters narrowly escaped injury when ice from a box truck hurtled their direction and shattered the windshield. In February, a New Hampshire DOT worker was hurt when ice from atop a box truck flew off the back and slammed into the windshield. Continue reading

April 29, 2019

Maine High Court Favors Auto Insurer in UIM Dispute Over Coverage Limit

by Peter Thompson & Associates

Maine has one of the lowest rates of uninsured drivers in the country. That’s great news for Maine’s road users, who get cheaper uninsured motorist coverage for injuries caused by a hit-and-run/unidentified driver. Still, it doesn’t show the full picture. Many drivers have the minimum mandatory auto insurance coverage. Currently, that rate is $50,000 per person/$100,000 per crash in bodily injury liability, $25,000 in property damage and $2,000 in medical payments. This might sound like a lot, but as your Portland injury lawyers will tell you, it’s often inadequate to reimburse for total losses following a serious Maine car crash. Underinsured motorist (UIM) coverage makes up the difference – between the policy limit of the at-fault driver and your UIM limit.

Don’t assume, however, that when the time comes, the insurer will acquiesce automatically to your requested UIM compensation. Auto insurers actively seek ways to deny or reduce payments – even to their own long-time, safe driver customers. An experienced Portland UIM attorney can advocate for your right to receive full and fair compensation. We can also identify potential acts by insurers – such as vastly undervaluing a legitimate claim or refusing to tell you why they are denying a claim – that might amount to bad faith. If proven, bad faith insurance violations under the Maine Insurance Code can result not only in full crash injury compensation but also attorney fees (which would otherwise come out as a percent of your damage award), court costs AND a penalty of up to 150 percent of that amount.

Although disputes over UIM coverage can often be settled through negotiation (avoiding the time and expense of a trial), it wasn’t long ago a UIM coverage case found its way to the Maine Supreme Judicial Court. The case, Wallace v. State Farm Mutual Insurance Co., involved the question of how an “underinsured motorist” is defined. This is an important technicality of which to be mindful because the definition can differ depending on policy language and it can have a big impact on how much your insurer is required to pay you. Continue reading

December 7, 2018

Maine Car Accident Results in Two Deaths, One Felony Conviction

by Peter Thompson & Associates

A fatal car accident in Prospect resulted in the deaths of two men and, now, the felony conviction of a man suspected – but not proven – to have been the negligent driver of that vehicle. Bangor car accident attorneys know the case represents some unique elements from a wrongful death litigation perspective, due to the fact the person who was driving was not conclusively decided.

According to The Bangor Daily News, the 2016 crash involved a pickup truck on North Searsport Road on an afternoon in September 2016. What authorities know for certain is there were three occupants in that vehicle at the time the truck slammed into a utility pole, causing the truck to roll over several times, ejecting all three from the vehicle. Investigators determined speed was a major factor in the crash, but several crash scene reconstruction experts called to investigate for the prosecution and defense were unable to determine who was driving at the time of the collision – the 33-year-old surviving defendant or one of the two men who died, ages 59 and 35. Defendant, who suffered serious head injuries in the collision, cannot remember who was behind the wheel. Investigators know that defendant had been driving at other times during that day. Blood found on the driver’s side airbag was determined to belong to the surviving defendant, prompting serious felony charges of manslaughter and other crimes. However, an expert later determined the blood on the airbag most likely came form the person sitting in the center, not the driver. The more serious charges were dropped, but defendant was still charged with operating without a license as a habitual offender (resulting in a 3.5 year prison sentence) and violating conditions of his release (six months, to be served concurrently).

As for a Maine wrongful death lawsuit, a case where the driver cannot be identified poses some challenges. Still, our Bangor wrongful death car accident attorneys know there may be a number of potential options for compensation.