Articles Posted in Auto Accidents

Our Maine car accident lawyers understand the recently-released national report on auto safety highlights legislative shortcomings, according to Advocates for Highway and Auto Safety.

The state was given a mid-level “yellow light” rating, meaning that we still have a long way to go in terms of passing laws that will be effective in preventing serious injury and deaths in traffic crashes.

In 2011, we lost nearly 140 lives on our roadways, with a total of 1,768 fatalities in the last 10 years. In addition to the enormous emotional and losses suffered by the families of those deceased, motor vehicle crashes on the whole cost taxpayers some $915 million each year, when you factor in emergency services, lost wages, hospitalization, workers’ compensation and disability benefits.

The sad fact is, unless we were to outlaw driving altogether, we as a society will probably never be completely free from negligent and irresponsible motorists. However, this does not mean we can’t do more to improve our odds.

The 2013 Roadmap of State Highway Safety Laws outlines a list of 15 initiatives backed by a multi-billion dollar federal transportation bill signed last year. That means federal money is given to those states who take action. Some of these initiatives include:

• Primary seat belt enforcement laws;
• All-rider motorcycle helmet laws;
• Child booster seat laws;
• Extensive graduated driver’s licensing programs, with provisions for tighter restrictions of cell phones by underage drivers;
• Expansion of ignition interlock programs geared toward convicted drunk drivers;
• Addition of child endangerment laws for impaired drivers whose offense occurred with a minor in the vehicle;
• Mandatory BAC testing for all drivers involved in fatal crashes;
• Texting restrictions for drivers.

In looking just at Maine, researchers found we lack an all-rider motorcycle helmet law and GDL laws that would bump up the minimum driving age to 16, restrict nighttime driving and hold off on unrestricted license for drivers until they turn 18.

Additionally, we need to seriously consider an ignition interlock law that would be mandated for all motorists convicted for driving impaired – not just those who got caught more than once.

With regard to the ignition interlocks, we’re not alone. Only 17 states have enacted such provisions for first-time DUI offenders. This is again despite the availability of federal funding to do so.

Part of the problem is that some people tend to hold onto this notion that first-time offenders are merely social drinkers who slipped up. But consider this tidbit from Mothers Against Drunk Driving: Research has shown that the average DUI offender has driven drunk nearly 90 times before they are caught.

What’s more, a 2009 study found that nearly 90 percent of those surveyed in a nationwide poll answered that mandatory ignition interlock devices are a good way to address the issue of drunk driving. It’s not so much about punishing a person, as much as it is ensuring the rest of us are protected from their recklessness – of which they have proven amply capable by virtue of their conviction.

Our Maine personal injury lawyers would encourage anyone reading this to contact your state legislators and urge them to take decisive action on these issues.

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Sleep deprivation has become a major public health issue in the United States. Today, an estimated 70 million people in America suffer from some type of sleep problem or disorder. Many of these individuals are desperate for help to fight insomnia or other problems that are impacting their sleep cycles and, as a result, are compromising their health and well-being.

Unfortunately, the sleep-deprivation problem has also given rise to another serious problem: drowsy driving. Drowsy driving caused 730 deaths in 2009 alone and some estimates indicate that as many as one out of every five car accidents involves driver fatigue.

Our Bangor injury attorneys are concerned about the disturbing number of drowsy driving accidents and fatalities occurring each year. We urge everyone who is suffering from sleep problems to get the help that they need and we urge anyone who may be tired behind the wheel to pull over and rest before they put themselves or others in serious danger.

Drowsy Driving a Growing Problem
Clear evidence indicates that the number of people struggling with sleep issues is on the rise. According to a December article on Money News, the American Academy of Sleep Medicine now has more accredited sleep centers than at any point since its founding in 1977. The number of sleep centers has reached an all-time high of 2,500, which is double the amount of centers than existed just ten years ago.

People are flocking to these sleep centers for good reason. Insomnia, sleep apnea and even snoring can all make it impossible for a person to get a good night’s rest. When a person doesn’t sleep well, his cognitive and motor skills may be impaired; his reflexes may slow down; his blood pressure might rise; his resistance to insulin might rise; he may be more likely to be obese; and he may even experience sexual dysfunction. He may also have trouble staying awake on his commute, which can be the most dangerous of all potential side effects.

The Grave Dangers of Drowsy Driving
The news that more people are visiting sleep centers than ever before is not the only new information available that shows the widespread nature of sleep problems. The New York Times has also published information on a new study that the Centers for Disease Control (CDC) just released.

According to the new CDC study, more than five percent of young drivers between 18 and 44 have fallen asleep behind the wheel. The CDC interviewed 147,000 adults from 19 states plus D.C. to get the data. They asked detailed questions about sleep, driving and work, including the question of whether survey respondents had fallen asleep behind the wheel in the month before the survey. More than five percent of young drivers said yes, they’d nodded off at least once. Older drivers, too, are potentially guilty of sleeping and driving, although only 1.7 percent of older survey respondents said they had done so in the prior month.

On average, when considering all of the drivers surveyed, the number of people who had fallen asleep when driving in the prior month equated to 4.2 percent. Assuming the survey was reflective of the population as a whole, this means that just over four percent of the many millions of drivers in the U. . are nodding off.

With so many people seeking help for sleep problems and so many people admitting to drowsy driving, it is very important that every driver recognize the serious dangers of fatigued driving. Those who are driving drowsy should think twice about this risky behavior and those who encounter a potential drowsy driver on the road should be aware of the risk.

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With the New Years Eve festivities now fading into the past, you may be making steady progress on the resolution you’ve set for yourself for 2013. Whether you are on the path to self-improvement or have hit a stumbling block. Either way, we think it may be time to add one more resolution to your list.

Our Portland auto accident attorneys urge you to resolve to become a better, safer driver in 2013. We believe this is a resolution everyone should make and everyone should commit to keeping in order to reduce the risk of car accidents in Maine. Auto accidents can cause death, injury and devastation and preventable accidents should never happen since, by definition, they can be prevented. If you and everyone you know resolves to drive a little better and do a little better this year, maybe the accident rate can go down and more people can avoid the unpleasant reality of an auto accident.

Tips for Keeping Your Resolution
Making a New Years resolution is one thing, and keeping it is quite another. Fortunately, if you set very specific goals for fulfilling your resolution and break your resolution down into manageable parts, you’ll have a better chance of keeping the resolution.

So, to get you started here are some things you should resolve to do to become a better driver in 2013:

• Wear your seat belt whenever you are in the car and make your passengers wear their seatbelt too. According to the Annual report prepared by the Maine Department of Public Safety, almost 43 percent of people killed in fatal accidents involving passenger vehicles weren’t wearing their seatbelts. A total of 41 people out of the 123 who were killed did not have their belt on at the time of the accident.
• Learn to buckle your young children into their safety seats properly. The Maine Department of Public Safety cited national studies indicating that at least 73 percent of child restraint systems were misused and that 41 percent of booster seats were misused. There are car seat inspection events throughout the state and you can generally contact your local police department who will review your car seat use with you to make sure that you aren’t accidentally putting your child’s life in danger.
• Talk to your teens about safe driving. Maine DPS indicates that 32 percent of Maine traffic deaths involve younger drivers, with 11 percent coming from the 16-18 age group. In 2011, there were 22 youths who died in Maine auto accidents.
• Don’t drive if you’ve had a few drinks. In 2010, there were 38 alcohol-related fatal accidents. Maine has slightly fewer than the national average in auto accident involving alcohol when compared to nationwide data, but even one DUI-death is too many.

Of course, you should always skip other dangerous behaviors such as distracted driving, drunk driving, driving while you are too tired, speeding, failing to yield and backing up without checking to make sure all is clear. However, even if you just get started with the very simple steps of properly buckling in, talking to your kids and staying sober, you can make a big difference in reducing the risk of car accidents in Maine.

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Every year when the National Highway Traffic Safety Administration (NHTSA) releases accident data, our Portland accident attorneys know reviewing the information offers important incites into traffic accident trends in Maine and throughout the United States.

A decline in the number of auto accident deaths means less tragedy, fewer family members left without their loved ones and an indication that the streets may be getting safer.

This month, when NHTSA released the 2011 data, their statement accompanying the release indicated that there was some good news and that maybe safety efforts, public education campaigns and enforcement efforts really are having an impact on reducing deaths. However, a close look at the data shows that any reduction in the number of auto accident fatalities is limited to a specific class of accidents and that most categories of traffic deaths are on the rise.

Is the NHTSA Data Good News?
NHTSA assembles data from individual states on traffic accidents to get a comprehensive summary of the total accident deaths in the United States. According to NHTSA, the number of auto accident fatalities has experienced a reduction in recent years, with the number of fatalities dropping 26 percent since 2005. This year, with a reported 1.9 percent decrease in highway deaths, NTSA found that the number of auto accident fatalities fell to the lowest level in six years.

While this decline is great, it doesn’t tell the whole story. In fact, while the number of highway deaths overall decreased, there was an increase in deaths in almost every other category. For example:

• Fatalities among large truck occupants experienced a 20 percent increase. This increase was so large that NHTSA made a special note in their announcement that they have joined forces with the Federal Motor Carrier Safety administration to try to figure out why this occurred.
• Fatalities among pedacylists experienced an 8.7 percent increase.
• Fatalities among pedestrians experienced a 3 percent increase.
• Fatalities among riders of motorcycles experienced a 2.1 percent.
• The number of casualties of distracted driving accidents increased 1.9 percent.

The increase in the number of deaths in almost every category except passenger vehicle occupants (who experienced a 4.6 decline in fatalities) casts doubt on whether NHTSA is correct in attributing the overall decline in the number of highway deaths to “the tireless work of our safety agencies and partners,” since their enforcement and education efforts would likely have led to an across-the-board decline in deaths.

However, NHTSA also points to another possible reason for the decline in traffic deaths among occupants of passenger cars: that cars are safer. This very well may be true since cars now have more safety equipment and features to protect their passengers.

Of course, while it is great that cars have become safer, the people driving those cars also have to be safer too if a meaningful reduction in traffic accident fatalities can ever occur. Every driver has a responsibility to others to behave in a reasonably prudent way and if every driver would live up to this responsibility, the number of car accident injuries and deaths could be significantly reduced.

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Celebrating the New Year with parties, dinners out or activities with friends is a very common tradition and one that many people throughout Maine will enjoy. If you are one of the revelers who will be enjoying some fun to ring in 2013, our Portland accident attorneys want to remind you of the importance of driving sober.

Drunk driving is extremely dangerous and can result in the loss of life or serious injury. If you are involved in causing a drunk driving accident, your decision to drive drunk can also result in criminal penalties, the loss of your freedom and a large civil lawsuit against you. The price of drunk driving is never worth the potential consequences and it is important to remember that this holiday season.

Drive Sober Enforcement Efforts in Maine
With so many people out partying and celebrating over the New Year, it should come as no surprise that experts indicate it is the most dangerous time of the year for drunk-driving incidents. However, you may be surprised at just how many people actually do drink and drive during New Year’s festivities: Auto Guide indicates that just about half of the fatal accidents on New Year’s involve an intoxicated driver.

Driving drunk impairs your reflexes and concentration, making it much more difficult for you to make smart driving decisions and to operate your vehicle in a safe way. A drunk driver can hurt others or even kill someone. In fact, Mothers Against Drunk Driving (MADD) reported 23 DUI-related deaths in Maine in 2011.

The Bangor Daily News also discussed the number of DUI deaths in Maine, indicating that there had been a steady drop in recent years. While fewer people are dying of drunk driving and while 23 deaths doesn’t seem like a huge number, the fact remains however that these drunk driving deaths are 100 percent preventable. Many more individuals also suffer injuries, not deaths, at the hands of an intoxicated driver.

To help cut down on the risk of injury or death on New Year’s, the biggest DUI day of the year, the Bangor Daily News reported that the Maine Bureau of Highway Safety has divided up $440,000 in payments to 52 police departments across the state that will be used as part of efforts to stop impaired drivers. These funds will help pay for part of the costs of Maine’s participation in the national Drive Sober or Get Pulled Over campaign. For example, the funds are to be used to provide money to pay for the cost of having more officers out between December 14 and January 2.

Staying Sober On New Year’s
Police are stepping up law enforcement to catch DUI drivers, and it is important for every partygoer not to become one of those drivers stopped by the police. A DUI can result in an arrest, fines, criminal prosecution and other consequences, even if you are lucky enough not to kill yourself or someone else. A DUI can also, in tragic cases, result in a fatal or injury-causing wreck.

To avoid these dire consequences, be sure to:

• Only drink if you have a designated driver.
• Talk to your teens about holiday drinking and driving.
• Have a cell phone, money and a taxi cab’s number with you in case you need a backup plan to get home.
• Stop your friends from operating a car while under the influence of alcohol or drugs.

Following these tips and staying sober on New Years should help you to avoid injuring others or yourself.

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Winter in Maine often brings snowy weather and icy roads. While treacherous winter conditions are dangerous for everyone, winter weather driving can be especially dangerous for teens who may not have the experience to handle adverse road conditions. Teens may also be at greater risk of accidents in the winter because they spend more time on the roads, coming home from college for example or going to parties with their friends over the holidays.

As parents, the holiday season presents a good time to go over some safe driving rules and to help to ensure your teen makes smart choices when driving. Our Portland injury lawyers urge every parent to understand the risks of teen driving and to take the time over the holidays to have a discussion with the young driver in your family.

Teen Driving Risks in Maine
While many teens can’t wait to get their license and really enjoy driving, the sad fact is that driving or being in the car with other teen drivers is very risky for young people. In fact, CDC reports indicate that car accidents are the number one cause of teenage death for those between the ages of 16 and 19.

While teen driving is dangerous everywhere, the Maine Teen Driving website indicates that the risks to teen drivers in Maine may be especially great. According to Maine Teen Driving:

• One out of every five drivers ages 16 and 17 will become involved in a car accident over the course of a year.
• The number of teens who get into car crashes is more than five times greater than the average rate of auto accidents for all drivers.
• Almost 40 percent of car accidents involve drivers ages 16-24.
• Although young adults ages 18 to 24 represent only 10 percent of the population in Maine, people in this age group account for ¼ of hospitalizations in Maine caused by car wrecks.

This information demonstrates that both teens and young adults in Maine have a higher chance of becoming involved in a car wreck than the general population of drivers. Some of this may have to do with the fact that teens tend to be more likely to engage in riskier behavior behind the wheel, such as drunk driving, drowsy driving or distracted driving. However, some of the accidents may also be caused by teens who do not know or understand driving rules or who do not understand how to react in a given driving situation.

Talking To Your Teen About Safe Driving
As a parent, it is important to take the time to talk to your teenage driver about how to be safe behind the wheel. Some things you should discuss include:

• The dangers of distracted driving and the importance of never using your cell phone when driving.
• The risks of speeding, tailgating, failure to yield and other aggressive behaviors.
• The importance of driving at a speed that is safe for current conditions on the road, even if the speed limit is technically higher.

The Maine Bureau of Motor Vehicles also has a Driving Contact available for new drivers and their parents that you may wish to have your teen sign in order to discourage bad driving behavior that increases the risk of teen driving accidents.

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Driving through Maine’s winter season increases your accident risks.

It’s dangerous out there with all of the snow and ice. It’s especially important to talk with our younger drivers about these risks. And don’t forget to take your own advice parents!Our Maine personal injury lawyers understand that drivers age 16 and 17 are involved in close to 10 percent more winter accidents than their share of accidents for all road conditions. Drivers between the ages of 18 and 34 also have a higher number of accidents in these conditions, but not as many as the 16- and 17-year-olds.

These accidents are also more common on urban roadways. Drivers between the ages of 65 and 74 might be the best off out there — though that’s likely because they avoid driving in bad weather whenever possible. They’re involved in a smaller share of winter car accidents than their share of accidents in all road conditions. Regardless, everyone is at risks for an accident when the weather turns bad. Be careful, cautious and prepared out there!

The number of winter driving accidents in Maine has remained constant over the last 20 years, even as the overall number of accidents has declined. And the worse the winter, the more fatal accident occur.

According to the Maine Chapter American Public Works Association, temperatures below 25 degrees with a daily snowfall greater than one inch contribute to more than 125 additional crashes beyond the “average” of about 82.

Maine may see it’s snowiest month in January, but statistically speaking there are more winter-related accidents in the month of December than during any other month out of the year.

According to the Maine Department of Transportation (MaineDOT), speed is a top cause of these winter accidents. Drivers need to slow it down. Stopping on snow and ice requires more time and more distance.

Drivers also need to remember to leave plenty of room to do their job safely and effectively. Drivers need to stay away and avoid following these vehicles too closely. These snow plow operators are dealing with a limited field of vision while plowing.

Before you head out this winter season, check out the road and weather conditions by visit 511Maine.gov. These reports are provided to you by Maine state troopers and transportation plow operators.

Winter Driving Tips from the Maine Department of Transportation:

-Whenever there’s snow or ice near our roadways, take it slow. It’s okay to travel under the speed limit in these conditions.

-Never turn your four-wheel drive into an “off-road” vehicle. Remember that your four-wheel drive may help to increase your acceleration (while putting you at risks for skidding), but it’s not going to do much when you’re trying to stop.

-Refrain from using your cruise control during winter weather driving conditions.

-Be sure to brake early, to brake slowly and to brake correctly. You never want to slam on your brakes when the roads are slick.

-Stay alert and keep all of your attention on the task at hand — driving!

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If the risks of getting into a car accident aren’t enough to keep you off of your cell phone while driving, you might want to check your wallet.

According to FOX Business, insurance companies are going to soon start collecting from cell-phone using drivers.Our Bangor injury lawyers have recently blogged about the risks that are associated with texting behind the wheel. Studies have proven that a driver is 4 times more likely to get into an accident while talking on a hand-held phone and 23 times more likely to get into an accident when text messaging behind the wheel.

In the state of Maine, fully-licensed drivers are allowed to use hand-held cell phones while all drivers are prohibited from text messaging at the wheel. It’s these kinds of laws that make it tough for officials to differentiate between dialing a phone call and composing a text message.

Talking on a hand-held cell phone behind the wheel is illegal in 10 states. Talking on a phone by novice drivers is only banned in 32 states, according to the Insurance Institute for Highway Safety (IIHS).

To help law enforcement officers get a better grasp on viable enforcement measures, officials with the National Highway Traffic Safety Administration (NHTSA) put more than $500,000 into pilot programs in Massachusetts and Connecticut.

At the same time, officials continue to ponder whether or not these cell phone and texting laws are even working. Officials with the IIHS recently studies 4 states that had these laws and actually found out that the number of distracted driving accidents increase in 3 of them. Some say that drivers are trying to keep their phones out of sight of officers now and it’s creating and even bigger problem. It seems like a lose-lose situation.

“While it is relatively easier for law enforcement to determine illegal handheld cell phone use by observing the position of the phone at the driver’s ear, the dangerous practice of texting while driving is often not as obvious,” said the Administrator for NHTSA, David Strickland.
Insurance companies are paying close attention to what you’re doing. They’re not exactly paying attention to you when it comes to dishing out cash for a claim, but they’re looking for every way possible to get more from you. They’re looking even closer at your traffic violations, the points you have on your driver’s license and they’re looking to collect from those who have been cited for a texting violation, even in states where such violations don’t result in points being added to your license.

Maine License Point System:

-2 Points: Tailgating another vehicle, improper turns, squealing tires, littering, illegal U-turn, failure to dim headlights, displaying a blue light, making excessive noise crossover violation, obstructing traffic flow and obstructing traffic lane convictions.

-4 Points:sRunning a red light, operating with an obstructed view, failure to keep right, neglecting to yield to a pedestrian, imprudent driving and imprudent speed.

Points on your license may also result in an increase in your car insurance premiums. And your driving record may become an issue in both criminal and civil court in the event of a serious or fatal accident.

-6 Points:sSpeeding, driving on the wrong side of the road, improper passing, operating beyond license restrictions and leaving the scene of an accident with property damage.

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On the 4th of November, residents throughout the U. . will be able to enjoy an extra hour of sleep. It’s all a part of Daylight Savings Time. When it ends, we turn our clocks from 2:00 a.m. to 1:00 a.m., and claim that extra sleep time.

But early dark also increases risks for car accidents. Every state, including Maine, participated in Daylight Savings time except for Arizona and Hawaii.Our Portland car accident lawyers are asking drivers to be especially careful during this time change. Since it’ll more likely be darker during our commutes, drivers are asked to be on their best behavior behind the wheel. In addition to the change in time, we’re also expected to see some change in weather. Leaves on the roadways, dry or wet, can make it difficult for drivers to stop. This is especially true when it’s nighttime and in the early morning hours when the leaves are harder to see.

You’re also urged to share the road safely with pedestrians. With it being darker out, pedestrians and bicyclists will be tougher to see. Pedestrians are asked to be cautious near roadways, to wear bright colors so that you’re easily seen by motorists and to travel as predictably as possible.

Use your headlights as soon as it starts to get dark. Not only does this help you to see your surroundings, but it helps other drivers to see you.

During this transition, you also want to make sure that you’re getting enough sleep. Drowsy driving car accidents are much more likely during this time of the year. It’s important that we avoid driving during the times that our body is accustomed to sleeping. Make sure you’re getting plenty of sleep. And make sure that if you start to feel sleepy behind the wheel you pull over, stop the car and recuperate. Each year, there are roughly 1,500 people who are killed and another 71,000 who are injured in drowsy driving auto accidents, according to the National Highway Traffic Safety Administration (NHTSA).

Lastly, you want to be on the lookout for deer!sThe most dangerous month out of the entire year for these kinds of accidents is the month of November. This dangerous season typically lasts from late October through December.

The NHTSA estimates that there are about 200 people killed and another 10,000 injured in deer-car accidents each year. These accidents are most likely to happen during dawn and dusk, so keep your eyes on the road and travel cautiously during this time. Remember that if you see one deer, there are probably more around. Deer rarely travel alone. When you see those “Deer Crossing” signs be sure that you take them seriously!sThese are marked in areas where the deer population is significant and accidents have occurred in the past.

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In a recent accident, an 84-year-old woman found herself and her vehicle sitting in Maine’s Portland Harbor. According to the New York Daily News, the woman lost control of her vehicle, slammed through two fences and landed in the water. Luckily, there was a group of brave bystanders nearby.”It looked like it was barreling pretty fast,” said Mike Wells, one of the bystanders who jumped to the rescue. “I saw it go over the edge and then water splashed up.”

Katie Nelson was grabbing lunch nearby when she hear the accident. Without hesitation, she jumped up, ran over, jumped on top of the car and climbed on the back window to pull the woman out. Our Bangor car accident attorneys understand that Katie was one of the thirty people who ran to the elderly woman’s rescue. Once she was pulled from her vehicle, Lt. Robert Slaving was able to swim her to shore where local firefighters hoisted her to land.

Authorities are still investigating and have not determined a cause of the accident. The elderly driver was transported to the Maine Medical Center. She was last listed in critical condition and is suffering from injuries to her femur as well as injuries to the bones around her eyes. There were a number of the rescuers who were treated for hypothermia at the scene of the accident.

If your vehicle somehow ended up in a body of water would you know what to do?sIt’s a scary event that happens to more people than you might think. According to the National Highway Traffic Safety Administration (NHTSA), there are close to 250 vehicle submersion accidents every year in which at least one person dies. Of these accidents, nearly half had a major frontal crash, more than 10 percent had a major side crash, 2 percent experienced a major rear-end accident.

These kinds of accidents happen, but there are ways that you can escape. Please review the following safety tips for vehicle submersion accidents. Maine’s coastal region presents significant risks, and the state’s ponds, lakes and rivers are often quite dangerous, particularly during the winter and during spring runoff. Knowing what to do during a submersion accident could save your life.

Submersion Safety Tips:

-Keep your seat belt on until you’re ready to leave the vehicle. This will help to keep you steady as you try to break a window or open a door.

-As soon as you hit the water, try to open the window.

-Check out the flow of the water current before swimming to shore.

-If water has already entered your vehicle, wait until pressure is equalized on both sides before trying to open a door.

-If you can’t get out, look for the air pocket in the portion of the car that’s highest or the closest to the top of the water.

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