Articles Posted in Auto Accidents

In the last 25 years, more than 1 million people in the U. . have tragically lost their lives in motor vehicle crashes. One out of every five drivers you pass has previously been involved in a serious wreck, and one out of every eight has been seriously hurt.

Our Bangor car accident lawyers know that these incidents are one of the top causes of death for children, teenagers and young adults under the age of 34.

Perhaps one of the most disheartening things about all of this is that many, many of these deaths could have been prevented if drivers had devoted themselves to following the law and being free of distractions, impairment and drowsiness every single time they got behind the wheel.

What’s baffling is that most people know this and strongly agree that these actions are inherently dangerous, unacceptable and should be harshly punished. But according to the latest Traffic Safety Culture Index survey conducted by the AAA Foundation for Traffic Safety, many of these same individuals aren’t practicing what they preach.

The foundation late last year conducted a survey of nearly 3,900 licensed drivers ages 16 and older, publishing the results in January. What they discovered was that drivers tend to severely judge their peers for posing a danger on the roads, yet many engaged in the same practices.

For example, cell phone use and texting has been a rapidly growing problem. Where as cell phones did not exist 25 years ago, in 2011, they were a noted factor in 1.3 million crashes – about a quarter of the total.

People know this is a problem. More than 65 percent of people say talking on a handheld cell phone while driving is either somewhat or totally unacceptable, while nearly 95 percent of drivers felt the same way about texting and e-mailing. About half of all those surveyed said they would support stronger legislation to further restrict such behaviors.

And yet, two out of every three drivers reported having talked on a handheld cell phone while driving in the last month, and more than a third say they do so pretty regularly. More than a quarter of respondents indicated that they had typed or sent an e-mail or text message in the last month while driving, and about 35 percent admitted they had read a message while driving.

Similar findings were revealed with regard to drunk driving attitudes versus habits. Nearly 70 percent believed that impaired driving by someone under the influence of alcohol poses a very serious threat to their own personal safety. Nearly 100 percent said they consider it personally unacceptable and about 90 percent said it was completely unacceptable.

At the same time, nearly 15 percent of those polled said they had gotten behind the wheel tipsy at least once over the previous year. Almost 10 percent said it happened more than once in that year and about 2 percent said they had done it within the last 30 days.

Speeding, which according to the National Safety Council is involved in one out of every three traffic fatalities, was also seen as inherently dangerous. Ninety percent of respondents said traveling faster than 10 miles per hour over the speed limit in a residential area was unacceptable, while almost 75 percent said it’s unacceptable to go more than 15 miles per hour over the limit on the highway.

But almost half of all motorists admit to both behaviors themselves.

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The Maine Warden Services reported being flooded with calls for assistance due to serious injuries sustained in snowmobile accidents over the course of a recent weekend.

Our Bangor injury lawyers are concerned that proper safety precautions aren’t being followed – either by operators, or land owners who allow such activity on their property. Snowmobiles – just like any other motor vehicle – have the potential to cause permanent injuries and even death. Safety must be a critical consideration for every ride.

In the first reported local case, a 28-year-old from Caribou was traveling on the Interconnected Trail in New Sweden when he struck a moose that stepped unexpectedly onto the trail. The rider was amid a group of nine other riders at the time. He had been wearing a helmet, which sustained heavy damage, but he still incurred serious injuries – as did the moose.

The following morning, another snowmobile crash was reported in Eustice, where an SUV driver lost control of his vehicle and rolled over on the side of the road. A few moments later, a snowmobile rider collided with the upended vehicle. Police have indicated that speed was most likely a contributing factor in why the rider was unable to stop in time to avoid the crashed SUV.

Then in China, just off Stanley Hill Road, two men were on a snowmobile when they struck a bump, causing the driver to lose control. Both men were tossed from the vehicle. Thankfully, they were fine enough to get back on the vehicle and ride it back home, from which they were both taken to the hospital. They suffered moderate injuries, and officers believe speed was a factor in that case too.

Finally, a fourth crash was reported in Limerick, where a 50-year-old snowmobile rider was operating the vehicle in extremely foggy conditions when he crashed into the shoreline. He was ejected and tossed into a nearby shed. He too suffered serious injuries, and speed was a factor in this case as well.

Only about 20 percent of snowmobile vehicles are used for work or ice fishing. The rest are for trail riding and recreational use. In some instances, they provide a primary source of transportation, when a traditional vehicles simply can’t cut it.

But before you climb aboard, take safety seriously and consider these tips to reduce the risk of injury to yourself and others:

• Don’t drink or use drugs and ride;
• Avoid riding at night or in limited visibility conditions;
• Always dress in bright, reflective clothing;
• Avoid riding on frozen lakes, as drowning is one of the leading causes of snowmobile fatalities;
• Ride with UV-protected goggles to prevent “snow blindness”;
• Dress properly and carry a basic repair kit;
• Keep your cell phone close by;
• Wear a helmet;
• Avoid speeding;
• Look out for oncoming snowmobiles, obstacles beneath the snow, unexpected corners or stops, railway crossings, snow banks, bridges, wildlife or other train users.

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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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