Articles Posted in Auto Accidents

A man who was driving a car that was involved in a fatal 2019 crash in Acadia National Park has pleaded guilty to three counts of manslaughter in connection with the accident. According to a local news report discussing the legal proceedings, the man had been traveling at around 75 mph on Park Loop Road when he lost control of his vehicle and crashed. The driver was injured in the accident and three passengers who were riding in the vehicle died as a result of injuries sustained in the crash. The road the man was driving on has a posted speed limit of 25 mph, and he was found to have a blood alcohol concentration over the legal limit after the accident.

The man was charged with DUI as well as three counts of manslaughter in connection with the crash. The charges were in question after the man’s attorney successfully argued a motion to suppress the blood test evidence against him in his criminal case. After an appeal by the state of Maine reversed the earlier decision barring evidence, the man decided to plead guilty to the charges against him. As part of the sentencing and restitution process, the families of the victims of his crime may receive some compensation from the defendant for causing their deaths, however, restitution is often woefully insufficient to compensate crime victims and their families.

In addition to criminal restitution, the families of the victims of this crime are entitled to seek damages through a wrongful death claim against the driver of the vehicle. In a wrongful death claim against a negligent or reckless driver, the auto insurance company is required to cover their client’s liability up to the policy limits for liability coverage. Pursuing a civil case in addition to criminal charges is often the best way for crime victims to seek compensation for their losses. The procedural rules that govern a wrongful death claim are more friendly to plaintiffs than in criminal cases, and the types of damages that can be awarded are broader.

The truth is, an accident can occur on any road, at any time; however, certain roads pose a greater danger than others. Whether it is the way the road is designed, the position of street lights or traffic signals or the amount of traffic at certain times of the day, Maine drivers should be on the lookout for particularly dangerous roads.

According to a recent report, some of the most dangerous roads in Maine include:

• Warren Avenue in Portland;

According to the most recent data from the Maine Department of Transportation, the state has about 23,450 miles of public roadways; this is more miles per person than any other state in New England. While the state engages in various measures to ensure the safety of its residents and visitors, accidents continue to occur at alarming rates. Every year the state spends nearly 20% on measures to control ice and remove snow. Although deicing, plowing, improving traction, and promoting melting all reduce the likelihood of road hazards, winter weather can be unpredictable and dangerous.

Weather-related crashes can stem from sudden rainstorms, snow accumulation, black ice, and a host of other events that can impact roads. In these situations, accidents may involve single vehicles to chain-reaction pileups. Every year almost 6,000 people suffer fatal injuries in winter-related accidents. Unlike many other states where snow is a leading culprit, most New England accidents involve rain and slick roads. However, the most dangerous weather events generally involve rain, snow, freezing rain, slush, fog, and wind. When these forces combine, the results can be devastating.

For instance, Maine news reports described a tragic single-vehicle accident. According to reports, the 81-year-old driver lost control of his car, veered off the road, and slammed into a tree. An initial investigation revealed that inclement weather and improper tires likely contributed to the collision. Sadly, the man died at the scene of the accident.

New Year’s Eve is known as one of the most dangerous times to be on the road. Motorists who aren’t usually out on the road find themselves driving back from late-night celebrations. Adding to the risks is the fact that a much higher rate of drivers than normal are under the influence of drugs or alcohol. And while drivers must take special care when navigating the roads over any holiday weekend, this is especially the case when New Year’s Eve falls on a weekend as it did this year.

According to a local news report, one person was killed and another seriously injured in a head-on accident that occurred on New Year’s Eve. Evidently, a 39-year-old man was driving southbound near the Route 129/Route 130 split in Lincoln County. At some point, the driver crossed over the middle line, crashing into an oncoming motorist’s vehicle.

The driver of the struck vehicle, who was not wearing a seatbelt at the time of the accident, suffered fatal injuries in the collision. The at-fault driver was wearing a seatbelt and suffered non-life-threatening injuries. There was also a young child in that vehicle, who was secured in a car seat. The child suffered minor injuries but is expected to make a full recovery.

A woman was recently sentenced to 10 years in prison with 7 ½ years suspended after a fatal Maine car crash that took place in 2019. According to one news source, the crash occurred in Glenburn, Maine when the woman, who was driving a Chevrolet Impala, nodded off and crossed into the center lane. The woman’s vehicle crashed head-on into a Nissan Altima, which was driven by a 70-year-old man from Bangor. A blood test revealed that the woman had heroin in her system at the time of the crash. The woman recently pleaded guilty to manslaughter and operating under the influence of intoxicants. Apart from the prison sentence, the woman received four years of probation and was ordered to pay a fine of $1,000.

Operating a motor vehicle with a blood alcohol content of .08% or more in Maine is a crime known as Operating Under the Influence (OUI). The crime carries penalties of jail time, driver’s license suspension, and fines. Drivers under 21 years of age cannot have any measurable amount of alcohol in their bodies while driving. In addition to seeking justice through the criminal court process, a victim of a Maine OUI crash or their family may be able to recover financial compensation through a civil claim against the driver or others responsible for the crash. In a civil lawsuit based on negligence, the plaintiff (the victim or certain family members in the event of a death) must show that the defendant owed a duty to the victim to drive carefully, the defendant failed to meet that duty, that the defendant’s wrongful actions caused the victim’s injuries, and they suffered damages as a result.

If a defendant was convicted of a crime, as in the case above, that evidence may be admissible in a civil case to show that the defendant acted wrongfully. However, a criminal conviction is not necessary to file a lawsuit against the driver. Civil lawsuits require a showing of a lower burden of proof and some evidence may be admissible in a civil case that might not admissible in a criminal case. There also may be other individuals that can be sued in a civil case that may not be able to be charged criminally. Successful plaintiffs can recover compensation for damages including medical bills, property damages, mental suffering, lost wages, and more. Consulting with an experienced injury attorney is the first step in determining the best course forward.

Although many individuals involved in accidents file personal injury lawsuits after a car collision, sometimes people assume that if the at-fault party is facing criminal charges following a car accident, that they do not have to file a personal injury suit. This assumption is incorrect and could cost you, as the potential plaintiff, the opportunity to collect compensation following a major accident.

According to a recent news report, a suspected drunk driver injured an attendant after crashing into a toll booth. At around 1:40am, state police reported that the driver lost control of their vehicle and crashed into the booth, causing a fire to break out. The shattered glass and debris from the impact of the car hit the toll attendant on duty, who was taken to the hospital. The driver of the vehicle was charged with aggravated operating under the influence and has previous convictions for speeding and driving to endanger and multiple suspensions. The attendant was released from the hospital but was still in pain and explained he felt lucky to have escaped alive from the accident.

Even though the at-fault driver in this accident was charged with aggravated operating under the influence, this does not mean that the toll booth worker will automatically receive compensation for their injuries. To receive compensation for physical injuries or property damage following a car accident, a separate personal injury claim must be filed in civil court.

As the holiday season approaches, many people will be traveling out of state to visit friends and loved ones. The influx of travelers often results in an increased risk of an accident. While all accidents can cause serious injuries and damages, Maine drivers who suffer injuries in an out-of-state accident may face additional challenges.

Recovering damages after these types of accidents can be difficult because of the complex interplay between state and federal laws. Generally, those who wish to pursue a personal injury lawsuit must establish that a particular court has “jurisdiction” over the parties or claim. In most cases, the law requires plaintiffs to file the claim in the state where the accident occurred. However, depending on the unique facts and circumstances of a car, the injury victim may be able to file a claim in their state or where the at-fault driver resides.

Choosing the appropriate venue is critical to the success of a personal injury claim. While many prefer to file a claim in their home state, this may not be possible if the accident occurs in another state. However, there are exceptions, such as when the at-fault driver resides in the same state as the plaintiff. In other situations, the plaintiff may choose to file the claim in federal court. This option is only available if the parties meet the jurisdictional requirements of the statute.