Auto Accidents

January 16, 2017

States Backtrack on Senior Driving Laws as Population Ages

There are many challenges drivers face as they age. Vision deteriorates and reflexes dull. That’s why many states – including Maine – have provisions in place requiring senior drivers to undergo additional testing and in-person renewals.

The Maine Bureau of Motor Vehicles is one of the more stringent. Drivers are first required to undergo a vision test at age 40 in order to renew their license. Drivers older than 65 have to renew their state-issued licenses every four years, as opposed to every six years, as younger drivers do. Drivers 62 and older are required to undergo a vision test every second renewal. The bureau also accepts requests from anyone with personal knowledge of a driver who may pose a safety concern to others. Road tests may be required if the bureau has reason to believe the driver may be unfit. Bureau personnel have the authority to restrict the driver’s licenses of elder drivers to prevent them from driving when it’s dark or only allow driving within a certain area.

As the population ages (the U.S. Census opines the percentage of the over-65 population will more than double by 2050), states are not rushing to impose additional regulations. In fact, some state legislatures have actually been actively rejecting these measures, according to a recent report published by the Portland Press-Herald. In fact, while 60 million older adults are expected to be on the nation’s roadways by 2030, some legislators are taking the position that licenses should not be restricted solely on the basis of age.

December 15, 2016

Maine I-295 Traffic Up 12 Percent, Increases Congestion, Crash Risk

by Peter Thompson & Associates

The Maine Department of Transportation recently released a report indicating the average traffic volume each day on Interstate 295 has spiked by 12 percent in the last six years.

As reported by the Portland Press-Herald, congestion on the already cramped highway has reached a point at which officials with the Maine State Police say they are encountering difficulties responding to traffic accidents and enforcing the laws of the road on that stretch.

Specifically, Lt. Walter Grzyb told the Press-Herald, cramped, bumper-to-bumper rush hour traffic makes it nearly impossible for law enforcement to respond to a crash or to stop violators for speeding or driving recklessly. In fact, when troopers or state police stop a motorist on the side of the road, they may in fact be creating more danger than they are fixing. Police say they can’t do their job safely.

December 1, 2016

Maine Hit-and-Run Victims Do Have Compensation Options

by Peter Thompson & Associates

A Maine car accident resulted in injuries for a 38-year-old woman in Holton when she was rear-ended on I-95 by an unknown driver, sending her car careening off the road and into a cluster of trees. Her car was crushed by the impact of the collision, but the other driver never stopped – as required by Maine statute. The Bangor Daily News reports authorities later received a tip that a 28-year-old Texas man may have been involved, since his Ford F-350 with significant front end damage was being repaired at a local garage. He was reportedly not injured in the crash, and authorities located him at a local motel. They have charged him with leaving the scene of a crash involving a personal injury, driving to endanger, and operating with a suspended license.

Many people erroneously think that if you are struck in a hit-and-run accident, you can’t make a claim for a personal injury lawsuit because either the driver was never located, or the driver didn’t have any insurance. which is why they fled in the first place.

However, victims of hit-and-run crashes in Maine are not without options, as our experienced personal injury lawyers can explain. One of the best options for victims is uninsured motorist (UM) coverage, which allows car accident victims to pursue compensation from their own auto insurance company for injuries caused by an uninsured – or unidentified – at-fault driver. There is also underinsured motorist (UIM) coverage, which helps make up the difference when an at-fault driver’s auto insurance doesn’t cover the full extent of your damages.

October 17, 2016

Graf v. State Farm – Maine Auto Insurance Dispute Weighed by State High Court

by Peter Thompson & Associates

In Maine, motorists are required to maintain minimum limits of uninsured/underinsured motorist (UM/UIM) benefits. These help make up the difference in costs if you are injured by the negligence of another driver who doesn’t have insurance or doesn’t have enough insurance to cover your losses. It can also be applied if you are struck by a vehicle, such as a bicyclist/pedestrian/skateboarder, are injured in a hit-and-run or are run off the road by a “phantom” vehicle. The minimum amount of coverage is $50,000 per person and $100,000 per crash.

But even when drivers maintain their benefits, they may still find that insurers are reluctant to pay these costs. Injured parties may need to take their claim to a judge to collect.

That was the situation in the recent Maine Supreme Judicial Court case of Graf v. State Farm Mut. Auto. Ins. Co. According to court records, plaintiff was injured in a Maine auto accident when she was rear-ended by an underinsured motorist. All parties agree the crash was entirely the fault of the other driver, who at the time had a liability motorist policy worth a (statutorily legal) $50,000. Plaintiff claimed UM/UIM coverage and medical payments under two State Farm insurance policies. Continue reading

September 27, 2016

Police: Maine Law Enforcement Unprepared for Legal Marijuana

by Peter Thompson & Associates

A major police group in Maine has released a statement saying law enforcement would be unduly burdened – and not at all prepared – by legalized recreational marijuana in Maine.

Representatives of the Maine Association of Chiefs of Police said during a recent press conference that legalized marijuana in Maine is going to pose an array of problems that would result. One of the primary areas of concern is how it will affect the safety of the roads.

The group plans to launch a statewide campaign to oppose Question 1, the November ballot issue that would legalize recreational marijuana for adults over the age of 21. If the measure is approved, those of age would be allowed to have in their possession up to 2.5 ounces of the drug, as well as up to six flowering plants. Sales of marijuana at stores and social clubs with proper license (from the state) and approval (from the municipality) would pay a sales tax of 10 percent. Continue reading

September 20, 2016

Man Crashes Car in Maine While Arguing With His Girlfriend

by Peter Thompson & Associates

Authorities say two people were injured in a Maine car accident that occurred in Harpswell while the pair were engaged in a heated argument with each other.

The Portland Press reported first responders were called to the 1300 block of Harpswell Neck Road on a recent Thursday evening, where they found a Nissan car that had veered off the road and struck a tree. The vehicle was totaled. The driver, a 26-year-old man from Milton, Mass., was reportedly fighting with his 20-year-old girlfriend/passenger, from Brunswick, as he traveled at a high rate of speed. Investigators say he suffered serious leg injuries and was transported to Maine Medical Center in Portland. His passenger, who suffered minor injuries, was transported to Brunswick’s Mid Coast Hospital, where she was treated and released.

The incident serves as a reminder of one of the most dangerous forms of distracted driving: Arguing with your passenger. Some research suggests this practice is even more dangerous than talking on the phone or possibly even texting. As the Washington Post recently reported on federal data from the National Highway Traffic Safety Administration, passengers pose a greater risk of distraction than cell phones. Conversations with passengers were reportedly responsible for 57 percent of distracted driving accidents, while phone use only accounted for 12 percent. Continue reading

September 12, 2016

How Social Media Can Sour Your Personal Injury Lawsuit

by Peter Thompson & Associates

Globally, we have become reliant on social media platforms. They are a source of fulfillment on many fronts, keeping us connected, informed and entertained. But they are increasingly being used for another purpose: Evidence.

This is true of course for law enforcement, combing for evidence of threats or probation violations or gang activity. However, they are also used in personal injury lawsuits, which is why it has become more and more prevalent to our practice.

On one hand, social media can be a benefit. For example, let’s say an at-fault truck driver was believed to have been playing around on Snapchat, got distracted and caused the crash. That digital evidence can be used to our client’s advantage to prove not only negligence, but perhaps gross negligence warranting punitive damages. On the other hand, social media has become something of a burden as well because defendants – particularly insurance companies – comb these platforms for any evidence that might help them dispute causation or the extent of damages. Continue reading

August 20, 2016

Maine Woman Arrested for Hitting Pedestrians Playing Pokemon Go

by Peter Thompson & Associates

Police say a Bangor pedestrian accident that resulted in injuries may have been intentional. What will that mean as far as auto insurance coverage for the injured?

According to The Bangor Daily News, a woman from Brewer may have intentionally rammed her car into a pedestrian who was playing the now-popular Pokemon Go game near the U.S. Post Office downtown – a so-called “Pokestop” – on a recent Sunday night.

Witnesses say a 37-year-old man from Bangor was injured while in the Franklin and Hammond Street crosswalk. Authorities allege a 36-year-old woman struck the man and then took off. The victim was reportedly playing the game on his phone with a group of friends just before he was struck by the woman in the vehicle. Continue reading

June 10, 2016

Police: Teen Driver in Fatal Maine Crash Was Speeding

by Peter Thompson & Associates

A driver behind the wheel in a car crash that left one person dead and three seriously injured was reportedly traveling at nearly twice the speed limit, police say.

Speeding, of course, is one of the most prevalent contributing factors in auto accidents, with the National Traffic Safety Administration (NHTSA) reporting the average annual cost of speed-related crashes nationally is more than $40 billion.

Bangor Daily News staffers recently combed through law enforcement analysis of the May 14th crash in Belfast involving a 19-year-old driver and her four young passengers. Continue reading

May 16, 2016

Maine Distracted Driving Crash Losses Reverberate for Years

by Peter Thompson & Associates

It’s been 10 years since Judy Bouchard’s daughter died on I-295 while en route to work from her home. The University of New England graduate was working as a teacher of students with autism.

Heather Dawn Bouchard’s phone buzzed. She took the call. It was a client. But she dropped the phone mid-conversation. She unbuckled her seat belt to reach down for it. It was the last thing she ever did. The car crossed over into the median and slammed into a van driven by a local television crew. Heather was ejected from her car and died soon after. Although she was an organ donor, her body had sustained such trauma that none of her organs were fit for use. She was just 24 years-old. The two TV crew members in the van suffered injuries, but survived.

Recently, her mother stood before a group of students at Northern Maine Community College in Presque Isle. She told them of her heartache that cell phone distraction has caused their family. What the world lost that day. How her daughter would never have driven while on the phone if she knew how greatly her family would suffer for it.

“She didn’t think it could happen to her,” Bouchard told the group gathered at the safety symposium. Continue reading