Auto Accidents

January 24, 2018

Icy Road Conditions Make for Treacherous Maine Driving

Sad news was reported recently when an 88-year-old driver and his 82-year-old wife were killed after the husband lost control of their sport utility vehicle on a snow-covered road in Sanford, ME and collided head-on with another vehicle. The driver of the other vehicle he struck was not injured, although a passenger was taken to a nearby hospital to receive medical attention. Although The Bangor Daily News reports the car accident is still under investigation, authorities have been clear to say that snow and ice played a role in the collision.

As our Maine car accident attorneys can explain, no driver can control the weather, but that doesn’t mean the issue of liability is negated. That is because all motorists have a responsibility to drive their vehicles in a manner that is safe, considering the current road conditions.

As noted by the Maine Department of Transportation, that means first of all “maintaining a safe cushion,” or in other words giving yourself enough time to react if another driver ahead makes a mistake or if conditions suddenly change. The only way to do this is to keep enough space between your vehicle and those around you – particularly the vehicle ahead. When the roads are slippery (i.e., rainy, snowy, or icy), motorists need to give themselves even more time to slow or stop. That means maintaining a greater distance and also slowing down.

December 14, 2017

Black Ice Blamed in Numerous Maine Car Accidents Recently

by Peter Thompson & Associates

Black ice on the roads was cited as a factor in a number of central Maine car accidents recently, though thankfully, no serious personal injuries were reported. In a single icy morning, the dispatch center for Kennebec County and Somerset County reported 85 reports of crashes and cars that had veered off the roadway. Calls started around 3:30 a.m., and within the hour, authorities on site were informing dispatch and other emergency responders about the perilous black ice that coated Interstate 95 and surrounding areas. One official was quoted as saying the interstate “looks like a skating rink.” Officials did choose to close the Messalonskee Bridge for a time after four crashes happened back-to-back, as reported by CentralMaine.com.

Although weather certainly can be a factor in any car accident, it’s important to point out that even the worst road conditions do not relieve motorists of their duty of care to use reasonable caution in their operation of a motor vehicle. That means exercising constant vigilance when conditions are right for hazards like black ice. It means slowing to a safer speed and avoiding distractions and maintaining a safe distance from the vehicles ahead of you. Failure to do so can be grounds to assert negligence when it results in a collision.

What is Black Ice?

December 4, 2017

Failure to Disclose Vehicle Defects to Maine Drivers Will Cost GM $1.1M

by Peter Thompson & Associates

As part of a $120 million settlement with General Motors Co. for concealing safety issues related to vehicle defects, Maine is slated to receive $1.1 million in compensation. It stems from a settlement reached between the Michigan-based auto manufacturer and attorneys general from 49 states plus the District of Colombia.

Maine Attorney General Janet Mills released a statement characterizing the deception as creating a dangerous situation for the public. It stemmed from information that came to light following seven vehicle recall from GM affecting more than 9 million vehicles that reportedly had defective ignition switches that had the potential to cause a loss of electrical power to the vehicle, affecting power brakes and power steering. There were also reports that airbags could fail to deploy in the event of a Maine car accident. The recalls in and of themselves weren’t the issue, but rather that some GM insiders were aware of these safety problems for at least a decade before the recalls were issued. Furthermore, the company continued to market the vehicles as reliable and safe. These actions, Mills office indicated, ran afoul of Maine’s Unfair Trade Practices Act. The more than $1 million of that settlement slated for Maine will go into a consumer trust account. There is still a class action lawsuit pending that involves several people who allegedly suffered personal injuries and wrongful death as a result of these dangerous vehicle defects, The Press Herald reports.

Although most car accident lawsuits in Maine involve the negligence of other drivers, injury lawyers cannot overlook the possibility of automobile defects, given the fact that the number of vehicle recalls has reached record rates in recent years. Reuters reported U.S. auto recalls in 2016 affected a record 53.2 million vehicles, in large part due to defective Takata airbag inflaters. Last year topped the previous record, set in 2015, of auto recalls affecting 51.2 million vehicles. Continue reading

November 1, 2017

Arguing for Auto Insurance Coverage in Maine After Crash Despite Cancellation

by Peter Thompson & Associates

Motorcyclists in Maine are at higher risk of injuries and death than occupants of other types of motor vehicles. The National Highway Traffic Safety Administration (NHTSA) reports an estimated 88,000 motorcyclists are injured and nearly 5,000 killed each year in the U.S. Per vehicle mile traveled, motorcyclist fatalities occurred nearly 29 times more frequently than passenger car occupant deaths in crashes. This is part of the reason why Maine requires motorcyclists to carry insurance coverage.

The state requires riders to carry a minimum of $50,000 for injury/death to any one person, $100,000 in bodily injury liability for a single Maine motorcycle accident resulting in the death or injury of more than one person, and $25,000 in property damage coverage. State law also mandates uninsured/underinsured motorist coverage.

If an auto insurance policy is cancelled and not reinstated prior to a crash, obtaining coverage can prove difficult, if not impossible. One aspect our Maine injury lawyers would explore in that case is whether the insurer satisfied the statutory notice requirements as set forth in 24-A M.R.S. Section 2914(1).

September 8, 2017

Maine Car Accident Kills Teen on First Day of School

by Peter Thompson & Associates

A 16-year-old girl has died after a collision with a dump truck on her way to her first day back to school in Pittston. According to the Bangor Daily News, the crash happened at the intersection of Route 27 and Old Cedar Grove Road. Her younger brother, who was in the front passenger seat, suffered serious injuries but is expected to make a full recovery.

More than 1,000 people attended a candlelight vigil in the teen’s honor, where she was remembered for being smart, athletic, and positive.

Investigators report the teen driver, operating a Jeep, pulled out in front of the truck. The truck then slammed into the driver’s side of the Jeep, causing the Jeep to overturn and come to a rest on the roof. Both teens had to be pried out of the vehicle by rescue workers. The truck driver, meanwhile, suffered only minor injuries.

June 23, 2017

Maine Bill Would Make Permanent Life Ban on Driving

by Peter Thompson & Associates

We assume that when someone’s conduct behind the wheel is so egregious they receive a “lifetime driving ban” that it means just that – they’ll no longer be able to lawfully drive. It turns out that it’s not so in Maine.

This was highlighted in a recent case out of Fairfield. There, a man previously from Skowhegan was convicted of drunk driving for a 1996 crash that killed three people and injured two others. For this crime, as part of his sentence, the judge imposed a lifelong ban on his driving privileges. That should have been the end of the story, but as it turns out, there is a loophole in Maine law. If a person’s driver’s license has been “permanently” revoked, they are still allowed to petition the court for reinstatement of that license if 10 years have passed since they were released from prison.

After this case was highlighted by the Press Herald, two lawmakers from central Maine who are members of the Criminal Justice and Public Safety Committee vowed to introduce a bill that would scrap that section of the law. In an interview, they noted it was “upsetting” that the word “permanent” doesn’t actually mean that under state law. They say there should be no chance for a driver like this one to appeal years after a judge ruled they should never be allowed to drive again.

June 9, 2017

Report: 43 Percent of Children Killed in Car Accidents Not Properly Restrained

by Peter Thompson & Associates

A new study published in the journal Pediatrics reveals that 43 percent of children killed in car accidents were not wearing a seat belt or buckled in properly to a car seat. Among children involved in a fatal crash in which someone died (not necessarily them), 20 percent were not properly buckled.

Rates of child fatality varied significantly from state to state, which underscores the argument that public information and state regulations can potentially have a direct impact on motor vehicle safety for children. For example, the U.S. Centers for Disease Control and Prevention (CDC) have reported that seat belt usage tends to be higher for all kids in states that have tighter seat belt laws and enforcement.

In Maine, Maine Rev. Stat. Ch. 19, 1-2801 requires that children under 40 pounds be properly secured in a child safety seat in accordance with the manufacturer’s instruction. The fine is $50 for a first-time offense and cannot be suspended by the court. Passengers under the age of 18 have to be wearing seat belts, and here again, the fine is $50 for a first-time offense.

May 3, 2017

Child Injuries, Deaths in Car Accidents on the Rise, NHTSA Reports

by Peter Thompson & Associates

The loss of a child is a profound and devastating loss that leaves parents, siblings, and other loved ones forever changed. It can be particularly traumatizing when the death occurs suddenly and unnecessarily, such as in a car accident.

Motor vehicle crashes remain one of the top causes of childhood mortality and serious injuries, and new data from the National Highway Traffic Safety Administration (NHTSA) shows they are on the rise nationally.

Just recently, a nine-year-old Maine boy died after suffering severe traumatic brain injuries in a car accident on Interstate 95 that closed the highway for hours. The boy, from Kittery, was killed in the Connecticut crash while seated in the back of a Toyota Camry, seat belt fastened. According to the Bangor Daily News, the driver of his vehicle had to stop abruptly due to a sudden slowdown in traffic up ahead. The 29-year-old driver of a sport utility vehicle directly behind them slammed into the back of the car and then pushed it into the vehicle ahead. The driver who rear-ended the Camry was also from Maine.

April 19, 2017

Frost Heaves Create Hazards on Maine Roads

by Peter Thompson & Associates

Spring brings a welcome respite for many in Maine who braved a bitter winter and are now looking forward to warmer days ahead. But for drivers, spring also brings what can be an unexpected hazard: frost heaves.

These are an uplift of water-soaked soil or other surface deposits that rise up due to expansion and freezing. In some cases, the rise can be so dramatic that it breaks through the pavement of the road, creating a major risk for drivers. Maine residents have given the road features many monikers: asphalt crevasses, nature’s speed bumps, chuck holes, and paved divots. Although they regularly appear every spring season, they can still catch operators by surprise.

April 12, 2017

Maine School Bus Accident Kills Mother, Three-Year-Old Son

by Peter Thompson & Associates

A mother and her three-year-old son lost their lives recently in New Portland after the mother failed to stop at a traffic sign and was struck by a school bus, officials say.

The 36-year-old mother and her young child were pronounced dead at the scene at an intersection on U.S. Route 2, shortly before 10 p.m. The bus was carrying a large group of students back from an earlier function. The students aboard the bus, while shaken, were not injured. Authorities were still investigating details, including possible contributing factors. Investigators say all they know for sure is the driver failed to stop at the stop sign. The intersection reportedly isn’t one known for crashes, and the speed limit is 55 mph, according to the Portland Press-Herald.Recently, the National Highway Traffic Safety Administration (NHTSA) released figures from a decades-long analysis of school bus and school transportation-related crashes nationally. What they discovered was that from 2006 to 2015, there were 1,172 school transportation-related accidents. That amounts to 0.4 percent of the total fatal crashes, which numbered nearly 325,000.