Auto Accidents

November 19, 2018

Car Renters on Maine’s Holiday-Packed Roads Need to Check Auto Insurance

Last year, officials reported record-breaking traffic on New England roads over the Thanksgiving holiday. More than 2.2 million people in this region make a turkey day trek more than 50 miles, representing a 3.5 percent increase over a year ago and the biggest boost in volume since 2005. It’s not clear exactly how many of those were in rented vehicles, but we know it’s common. There was also an uptick in air travel, with some 36,000 people flying out of Portland International Jetport, many opting for rental vehicles while in town. Nationally, it’s estimated some 51 million people traveled over the five-day Thanksgiving holiday period from Wednesday through Sunday (with Wednesday being the busiest day).

Maine car accident attorneys in Bangor know that when a collision involves a rented vehicle, there may be some unique elements to consider with regard to auto insurance and liability coverage.

Prior to 2005, victims of car accidents could take legal action against rental car companies, holding them liable for the negligent actions of the person driving a vehicle owned by the rental company. This falls under a special type of law called “vicarious liability,” meaning it’s not necessary to show the person you’re suing for injuries directly did anything wrong. Rather, motor vehicles are inherently dangerous and so the owner was responsible for negligent use of that dangerous tool by someone else if the owner gave that person permission.

But then Congress passed the Graves Amendment, part of a larger federal transportation bill, which largely released rental car companies from liability when a renter crashes a car. However, that does not mean they are entirely off-the-hook. They can still be held liable for direct negligence. For example, if a causal factor in the crash was worn tire tread, that could be the fault of the rental car company. If the brakes were old or the car hadn’t been maintained, that could be evidence of direct negligence by the rental car company. Continue reading

October 24, 2018

Failure to Vet Van Driver Lands Maine Town in Multiple Injury Lawsuits

by Peter Thompson & Associates

The town of Kittery is now facing nearly half a dozen Maine injury lawsuits following a van crash in which nearly a dozen children, ages 7 to 9, were injured when the driver, employed by the town, crashed due to a medical emergency. Plaintiffs are seeking monetary damages for medical expenses incurred in the weeks following the crash.

Injuries included a fractured leg, head injuries, facial scarring and emotional trauma. According to The Portland Press-Herald, the driver, 21, did have a commercial license, but had disclosed in a previous court case (which was public record) that he suffered from epilepsy and seizures, and he also had an extended history of previous criminal driving infractions. An internal review by the town revealed officials there did not check the man’s prior driving record before he was hired.

This case raises a number of legal issues, some of which, like the sudden emergency doctrine, we touched on previously. However, it also raises the common issue in Maine crash case which is one of respondeat superior, or employer liability for employee negligence.

September 19, 2018

Maine Distracted Driving Leaves Pregnant Mother, Child in Critical Condition

by Peter Thompson & Associates

Authorities say charges are likely in a Maine distracted driving crash that inflicted life-threatening injuries on a pregnant woman and her young child. Two other young children in the vehicle were treated at a hospital and released. The 29-year-old woman and her 8-year-old son were listed in critical condition initially, and later in stable/fair condition. It is not clear whether the woman’s unborn child survived.

The Portland Press Herald reports that police in Fryeburg are continuing their investigation of the collision on Route 302, which the police chief told media was likely caused by distracted driving. It’s unclear what type of distraction was allegedly at issue.

Portland distracted driving accident attorneys recognize that these types of crashes devastate individuals and families, not just physically and emotionally, but financially. Although this may be easier to quantify in the form of lost wages if a person is a working parent, even stay-at-home parents provide invaluable contributions to their families, who may suddenly not only be forced to find alternative means of child care and new living arrangements but also often more work to cover the significant costs involved with hospitalization, serious injury or death.

September 12, 2018

New Car-Seat Regulations Reduce Toddler Injury Risks

by Peter Thompson & Associates

News Center Maine is reporting that new federal car-seat guidelines are aimed at saving lives. The American Academy of Pediatrics’ updated guidelines now urge parents to leave their children in rear-facing car seats for as long as possible.

AAP reports using the correct car seat or booster seat can decrease risk of death or serious injury by 70 percent in the event of a collision. Previous guidelines recommended keeping children in a rear-facing seat until the age of 2. But newer, stronger car seats and continuing data on their effectiveness at reducing child mortality, prompted safety advocates to abolish the age limit.

August 30, 2018

Maine Car Accident Watch: Self-Driving Tech Coming to Portland

by Peter Thompson & Associates

Self-driving technology is coming to Portland, Maine’s largest city. With it, residents may see an uptick in Maine auto accidents.

A Washington State company called Inrix announced it plans to test its self-driving automotive technology on the streets of Portland. Inrix is a global company that develops and deploys Internet services and mobile applications for road-traffic and driving uses. The software platform, called AV Road Rules, is intended to function as a guide for self-driving cars, by allowing vehicles to “see” road conditions such as one-way streets, crosswalks and school zones. Portland will focus initial mapping on Commercial Street and Franklin Street, heavily used transportation corridors into the Old Port and downtown Portland.

The complexities of today’s modern vehicles — from airbags to anti-lock brakes to early-warning systems and backup cameras, are already making an impact in the courtroom when it comes to personal injury and wrongful death litigation. A recent column in the Press Herald highlighted just a few of the questions being raised by such emerging technologies.

August 16, 2018

Maine UTV Accident Illustrates Risks of All-Terrain Vehicle Injuries

by Peter Thompson & Associates

The recent injury of a Sanford girl in a UTV accident highlights the risk of these and other all-terrain vehicles (ATVs) as we head into autumn.About 500 people a year are killed in ATV accidents, according to federal statistics, and more than 100,000 are injured seriously enough to seek treatment in hospital emergency rooms. About 25 percent of victims are under 16 years of age. In all, nearly 15,000 riders have been fatally injured since ATVs became popular in the 1980s.

CBS13 reports hundreds participated in a Sanford fundraiser for the 8-year-old girl, who broke her neck and jaw and suffered numerous skull fractures after falling from her UTV. The local Maine ATV Club sponsored the event.

Autumn is the most dangerous time of year for accidents involving utility and all-terrain vehicles for various reasons. Experience and familiarity bring more aggressive riding, often on newer, larger, and more powerful ATVs. The ground is hard, and vegetation is reaching maximum growth, which reduces visibility and creates hazards of its own.

July 16, 2018

Bangor Road Construction Highlights Accident Risks

by Peter Thompson & Associates

Construction at a busy downtown Bangor intersection has proven stressful to motorists and has authorities preaching caution through the remainder of summer road-construction season.

The downtown work to replace Civl War era drainage and sewer lines began in April and is expected to last through the remainder of the year. The project has narrowed Exchange, State, Harlow and Hammond streets to one lane, and temporarily reconfigured Park Street to one-way travel.

Summer is prime time for road construction throughout Maine, as crews work to improve infrastructure and repair winter road damage. As of mid-July, the Maine Department of Transportation lists 360 road construction projects in progress throughout the state.

July 2, 2018

Maine Hit-and-Run Accidents a Growing Concern

by Peter Thompson & Associates

Hit-and-run accidents in Maine (and nationwide) are a rapidly rising concern, highlighted by an alarming new report indicating hit-and-run deaths have a record-high nationally.

The AAA Foundation for Traffic Safety revealed that in a single recent year, there were 737,000 total hit-and-run crashes tallied with 2,049 deaths. Both of these figures are the most ever recorded since the National Highway Traffic Safety Administration began recording in 1975. Hit-and-run crashes account for 12 percent of the total crashes in the U.S., 7 percent of all injuries and 5.5 percent of all car accident deaths.

In Maine, there were a total of seven hit-and-run crashes resulted in death recorded that year. On one hand, that’s one of the lowest figures of fatal hit-and-runs in the country. However, the data is presented in raw numbers, failing to factor in population. Beyond that, those seven crashes amounted to a 75 percent year-over-year increase and the highest reported in the last decade. We had four straight years in that time with zero hit-and-run crash deaths, and the year before that, there one deadly hit-and-run crash. Continue reading

March 28, 2018

Self-Driving Uber Accident Raises Legal Liability Questions

by Peter Thompson & Associates

A number of legal questions are being raised by the death of an Arizona pedestrian, who was struck earlier this month by a self-driving Uber vehicle in Tempe, Arizona.It is the first death in the country involving a self-driving vehicle, and the Insurance Journal reports legal liability in the case is being closely watched. It could raise issues relevant to Maine car accident victims as well.

The self-driving SUV was operating in autonomous mode under the supervision of a safety driver when the Volvo XC90 struck and killed a 49-year-old woman walking her bicycle outside a crosswalk on a four-lane road, according to police. The incident has been caught on videotape.

Liability in Ride-Sharing Accidents in Maine

February 23, 2018

Maine Highway Traffic Safety in Focus

by Peter Thompson & Associates

The Maine Department of Transportation is releasing a new Strategic Highway Safety Plan in response to an increasing number of traffic fatalities.

MDOT reports about 33,000 Maine car crashes a year with about 150 traffic deaths. The improving economy and low gas prices were both cited as factors in the increase. Still, motorists are urged to do their part.

“Crashes are not accidents,” said Highway Safety Director Lauren Stewart.