Auto Accidents

March 29, 2017

Heroin-Induced Car Accident in Maine Prompts Rehab Order

A judge has ordered a Maine man who crashed his vehicle in New Hampshire while high on heroin last summer to undergo a three-month drug rehabilitation program.

Newburyport News reports the 24-year-old was removed from his smoking vehicle by a retired firefighter who happened to pass by after he had crashed into a cluster of trees. The driver suddenly awoke and told the good Samaritan he was fine, but the retired firefighter believed otherwise and summoned help. First responders found the man unconscious and not breathing so they administered an anti-opioid drug called Narcan to the driver. After he was stabilized, he was taken to a local hospital for treatment.

The story highlights what has been a growing problem nationally not just for health care providers and law enforcement, but for those who share the road with people under the influence. USA Today reported last year on federal data pointing to an alarming uptick in the percentage of traffic deaths attributed to drivers who tested positive for drugs over the last 10 years. There has been an overall upward trend in traffic fatalities in recent years, but the fact that the percentage of drivers testing positive for illicit and prescription drugs has increased points to this being a substantial part of the problem. Continue reading

March 2, 2017

Judge Grants $2M Attachment on Assets of DUI Manslaughter Suspect

by Peter Thompson & Associates

A man who was allegedly drunk and speeding crossed the center line of a Maine roadway last month and crashed his car, killing a 38-year-old woman and inflicting severe traumatic brain injuries and neck injuries on her 16-year-old daughter. Authorities found cocaine and marijuana present in his system at the time of the deadly drunk driving crash.

While he awaits trial on charges of manslaughter, aggravated assault, and aggravated criminal operating under the influence of intoxicants, a Superior Court judge granted a motion for a $2 million attachment on his home and assets. The 28-year-old accused is out of jail on $10,000 bond and currently living in the home, valued at $236,000. If he is convicted on the criminal charges, he faces up to 30 years in prison, plus $50,000 in fines – and that is just on the manslaughter charges.

Meanwhile, as the 16-year-old girl slowly works her way toward recovery and completion of basic self-care tasks, her medical bills have ballooned to more than $153,000 – and are likely to continue climbing throughout the course of her rehabilitation. That’s why the girl’s father – and the widower of the decedent – filed a motion for an attachment on the defendant’s house and other property.

January 23, 2017

Weather-Related Maine Car Accident Kills Child and Father, Injures Sister, Mother, and Friend

by Peter Thompson & Associates

Two people were killed – one a child – and three seriously injured in a Maine car accident believed to have been weather-related.

The Portland Press-Herald reported the Monday morning crash instantly killed a 45-year-old man and critically injured his fifth-grade daughter, who died two days later. The accident also seriously injured two other children and the girl’s mother. All three children involved in the crash attended Narragansett School in the Gorham School Department, just west of Portland. The newspaper reported the father was a passenger in a Jeep Grand Cherokee driven by his wife when she lost control of the vehicle on a road slicked with snow and ice. The Jeep skidded sideways and was then broadsided by a dump truck, which then pushed the Jeep into a telephone pole. The three girls were seated in the back seat of the vehicle, one in a child car seat. There was so much damage to the Jeep that firefighters had no choice but to cut the doors off to pry the victims out. Of the two girls who survived, one suffered a broken hip and the other several broken bones. The driver and mother sustained severe internal injuries, hospital administrators reported. The driver of the dump truck was not injured.

Maine of course is no stranger to snow and ice, but no matter how many times drivers brave it on the roads, it’s still just as lethal. Investigators are still combing through the circumstances, but the Gorham police chief told the Press-Herald that it was safe to say speed was likely a factor in the collision. However, he added that if this had been a dry roadway at the time of the incident, “this accident would not have happened.”

January 16, 2017

States Backtrack on Senior Driving Laws as Population Ages

by Peter Thompson & Associates

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