Reported in the Portland Press Herald on November 26, 2010
A 27-year-old Portland native was killed early Thursday morning in a two-car crash in Massachusetts in which one of the drivers has been charged with motor vehicle homicide while drunk, according to police.
Raina Jensen was a back-seat passenger in a 2002 Nissan Altima traveling in Wilbraham, Mass., when it was struck by a 2000 Jeep Grand Cherokee driven by Joshua Lacroix, 24, of Ware, Mass.
On November 9 and 10th, the National Transportation Safety Board hosted a forum to discuss issues relating to highway safety and our aging population. A webcast is archived on the N.T. .B website.
An interview with Deborah Hersman, chairwoman of the N.T. .B., was published on November 17th, 2010 in The New York Times blog “The New Old Age”, (see full article here). The forum revealed that recent statistics have surprised researchers. For example, while the number of fatalities has dropped across the board, drivers over 70 have had an even higher drop in the rate of fatal crashes. People are living longer and are also healthier as they age. Ms. Hersman concludes that age alone is not a sufficient factor for determining continuing eligibility to drive, but that states need to consider alternatives such as additional testing or shortened periods before renewal of a license.
Maine considers a driver elderly when he or she is over 65 years of age. The DOT has published resources to assist residents who are dealing with the issue of aging and driving on their website.
Reported in the Bangor Daily News on November 16, 2010
An accident on outer Essex Street claimed the lives of two men Tuesday.
Police say the car they were riding in struck a tree and both victims were ejected from the vehicle.
A recent post to this blog was about a tragic accident which killed two teenage girls. Such news makes one consider teen and inexperienced drivers. According to the Centers for Disease Control, more teens are killed every year by car accidents than by any other cause. In Maine, the statistics are equally disturbing. According to the Secretary of State,
“•Nearly one young driver is killed each week in Maine;
•More than 60 young drivers are injured each week in Maine;
As the weather turns colder and winter storms approach, it is a good time to refresh our memory with winter driving tips. As the saying goes “first is worst” meaning the first storm is always the most dangerous on the roads because we are out of practice driving in stormy conditions. Taking a little time to prepare our vehicles and review driving safety measures are good steps toward preventing accidents and injuries.
The guys at Car Talk have listed their recommendations for winterizing your car on their website.
While driving, keep in mind that stopping distance on snow and ice can be longer than on dry pavement. Avoid tailgating. Budget extra time to get to your destination so that you aren’t tempted to go faster than is safe. Distracted driving is always a hazard, but in particular in bad weather, focus on driving. Don’t talk on your phone, put on your makeup, or play with the radio. For more tips, the Maine Secretary of State’s office has publised advice on driving in ice and snow on their website.
In Maine, there is a potential intersection of the workers’ compensation and personal injury systems when the injury is caused by a third party.
Generally, if you are injured at work, regardless of the cause, you are compensated for that injury entirely through the workers’ compensation system. However, did you know that if a party other than your employer is responsible for the injury, you may also have a separate claim against that party?
For example, if you were driving a vehicle as part of your job and were injured in an accident caused by another driver, you have both a workers’ compensation claim and a claim against the other driver.
Reported in the Portland Press Herald, October 22, 2010
HARRISON — Police in Harrison, Maine, say one teenager has been killed and three other people injured in a car crash.
Eighteen-year-old Thomas McLendon, of Oxford, was a passenger in a Chevrolet Trailblazer whose driver lost control rounding a corner and crashed into trees.
Reported in the Sun Journal, October 16, 2010
PARIS — Two people were injured late Friday morning when a car delivering mail was struck from behind by an 18-wheel tractor-trailer on a rainy, windswept stretch of Route 26 near the West Paris town line.
According to Lt. Michael Dailey of the Paris police, a 1998 Buick Century driven by 31-year-old Katie Brett of Paris was traveling south at 11:30 a.m. and had stopped to let a northbound car pass before she attempted to turn into Doe’s Variety. Her car was hit by a Freightliner fuel truck driven by 53-year-old William LeTarte of Dummer, N.H. The truck was lettered with “Bill LeTarte Trucking” of Dummer.
What happens if someone else’s negligence behind the wheel causes you injury and they don’t have enough insurance?sIn Maine, every auto insurance policy is required to have several components. In a previous post, we discussed uninsured motorist (UM) coverage, or the coverage that exists when the other party is not insured. The partner component of UM coverage is underinsured motorist (UIM) coverage. Like with UM coverage, every auto insurance policy in Maine must have a minimum of $50,000 per person and $100,000 per accident of UIM coverage (See Maine Revised Statutes Annotated Chapter 29-A Section 1605 (1)(C)(2) & (3) and Maine Revised Statutes Annotated Chapter 24-A Section 2902). This means, if you have insurance, you automatically have this coverage as part of your policy.
UIM coverage is used when someone causes you injury and their insurance policy is not sufficient to cover your damages. For example, although Maine requires $50,000 minimum of insurance, Massachusetts only requires $20,000 minimum. With the rising costs of medical expenses, even a moderate injury can easily use up this amount. This must also cover any lost wages, pain and suffering, attorney’s fees, and all other damages you may have. (The only exception is your vehicle damage, which is usually covered separately.)
So, if you are injured by someone who has $20,000 of insurance and you have $50,000, then there is a total of $70,000 of coverage right?sUnfortunately, no. In Maine, your UIM carrier receives a credit for the amount paid by the insurance company for the at fault driver. Therefore, in this example there is only a total of $50,000 of coverage. $20,000 paid by the at fault driver and $30,000 paid by your UIM carrier. Therefore, if you only have the minimum required insurance coverage of $50,000 of UIM, and someone else with the minimum causes you an injury, there is no additional coverage for your injuries.
Reported by the Bangor Daily News on Septemeber 22, 2010
NEW SHARON — An elderly man was killed Tuesday morning as he crossed Route 134 in front of his house, police said.
Glen Fitch, 87, was killed instantly when he was struck by a pickup truck driven by 43-year-old Walter Fails of New Sharon.
Maine Injury Lawyer Blog