Articles Posted in Auto Accidents

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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The leaf peepers are among us!

Portland personal injury lawyers know this last deluge of tourist traffic before winter can be particularly dangerous for a number of reasons. As it gets dark earlier, accident risks increase. That is also true of the deteriorating weather conditions.

Of course we all know about the dangers of distracted driving — and no one is as distracted as a tourist with their head hanging out the window as they snap pictures of Maine’s gorgeous fall foliage. And then there is the patience of native drivers, which has often worn thin as October gives way to the holiday travel season. As we reported earlier this month on our Maine Injury Lawyers Blog, your accident risks increase substantially when your patience wears thin.

Unlike the summer tourism season, which is largely confined to Maine’s coastal region. The fall foliage encourages travelers to get off the beaten path and to explore the state’s more rural areas. According to LeafPeeepers.com, the best viewing begins in northern Maine during the last week of September. Prime time in central and eastern Maine begins the first week of October. And by the end of October, the autumn foliage in the state’s southern and coastal regions will be on full display.

And with that increase in traffic comes an increase in the risk of traffic accidents. The National Safety Council is already reporting 2012 is expected to be a deadlier year on the nation’s roads than any year since the beginning of the economic downturn. Through July, 20,880 motorists were killed in accidents on the nation’s roads — up about 8 percent from last year and 7 percent when compared to the same time period of 2010.

The Bureau of Highway Safety for the State of Maine is encouraging motorists to download the new WreckCheck mobile app, which provides guidance about what to do in the event of an accident. The app takes drivers through a step-by-step process to create an accident report and makes it easy to capture photos and documents necessary to make an insurance claim. You should also consider speaking to an experienced personal injury law firm following a traffic accident. Even in cases where serious injury is not evident in the immediate aftermath of a crash, properly documenting an accident can help protect your rights in the event medical complications later arise. This is particularly important when dealing with an at-fault, out-of-state driver.

Maine law requires drivers to notify law enforcement whenever an accident causes injury or results in more than $1,000 in property damage. Still, about 1 in 5 drivers continue to believe police should only be called when someone is injured. Your insurance company may require a police report and so police should always be called to document an accident scene.

“Understanding what steps to take following an accident can make a difficult situation manageable and less stressful,” Superintendent Eric Cioppa said. “Knowing what information to share, and with whom, will help to keep you safe and decrease some of the challenges of filing an insurance claim.”

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Road Rage!sIt’s a serious problem on our streets and it’s overlooked by many.

According to a recent study of over 500 drivers, about 90 percent of them reported that they had either seen acts of road rage or were actually the victim of a road rage incident at least once in the last year.

In the ’90s, a seven-year study of the issue concluded that close to 220 people were murdered and another 12,000 people were injured because of road rage incidents. Firearms and vehicles were used as the main sources of weapons in these incidents. Aggressive driving may encompass many other behaviors, which can lead to road rage if left unchecked.According to US News, these incidents weren’t caused by any serious altercations in most cases. Many were the result of parking space disputes, slow drivers and even horn honking.

Our Bangor car accident attorneys note a 16-year-old girl from Maine was shot in the arm as she was riding with her family through Massachusetts. According to FOX News, the young passenger was heading down Interstate 495 with her family when a dispute involving two cars ended when she took a bullet in the arm.

“Evidence suggests this was a road rage incident between the driver of the car the girl was in and the other car,” State Police spokesman David Procopio.

Road rage oftentimes starts out with some dangerous driving habits. It can start with tailgating, with speeding, with changing lanes erratically, with horn honking and even with gestures to other drivers. It’s when it takes that next step that it turns from aggressive driving into road rage. Road rage is preventable, yet still takes the lives of thousands each and every year. The key to staying safe is staying cool behind the wheel!

“Road rage is driving under the influence of impaired emotions,” says Leon James traffic psychologist at the University of Hawaii.

For some drivers, it happens during each and every car ride. It’s less frequent for other drivers. But the bottom line is that it can happen to anyone. Road rage is not only dangerous when talking in terms of accidents, but it’s also unhealthy. It increases your heart rate, produces stress hormones, increases blood pressure and can even contribute to chronic stress.

You’re urged to keep calm behind the wheel. Always allow yourself plenty of time to get to your destination. Keep snacks in the car too, because hunger can make you irritable. Get plenty of sleep and remember that we’re all in this together!sIf you encounter an enraged driver, do your best to steer clear of them. You never want to instigate a fight with another driver. If you feel threatened, call the local authorities and let them come deal with it. Never step in and take matters into your own hand.

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