Articles Posted in Auto Accidents

“Move Over” laws address two types of conditions that require motorists to move over and give the right of way to emergency responders. Under Maine’s statute, the law requires motorists approaching stationary emergency vehicles that are displaying flashing lights, traveling in the same direction, to vacate the lane closest, “if safe and possible to do so, or to slow to a safe and reasonable speed.” The law applies to law enforcement, first responders, emergency vehicles and tow trucks. A caveat to the tow truck application is that it only applies to trucks at an accident scene to assist emergency responders. In Maine, those who do not abide by the rule can face a minimum fine of $275.

Despite many public service campaigns, many people fail to realize the dangers of driving next to a stopped law enforcement officer or responder. According to the Maine Bureau of Highway safety, 19 officers in the country died in the first half of 2021 after being struck while on the side of the road. While the law was created in response to the growing concern for the safety of emergency responders, it affects all road users as these incidents can set off a chain reaction.

Recently, the Seacoastonline published an article describing an accident on the border of Maine and New Hampshire. According to the report, Maine State Troopers were assisting a bridge construction expert team set up a construction zone for a bridge project. An officer was in his vehicle, with his emergency lights flashing, when a Ford F-150 driver rear-ended him. Responders transported the officer to a local hospital, and the driver of the Ford and its occupants did not suffer injuries in the incident. Maine’s Department of Public Safety reiterated the importance of abiding by the state’s “Move Over” laws.

Maine is one of the least developed states on the eastern seaboard, and with our stunning natural environment and small population comes a less developed road infrastructure. Many rural Maine roads are only two lanes and are not divided. Because Maine has more narrow two-lane roads and highways than other more densely populated Eastern states, there is an increased danger of head-on collisions, which can be deadly. A recently published news report discusses a fatal head-on collision that occurred recently near Grand Isle.

According to the local news report, two vehicles were involved in a head-on collision earlier this month on Route 1 between Madawaska and Grand Isle. The driver of the larger vehicle, an SUV, was transported to a local hospital with moderate injuries, however, the driver of the smaller sedan was killed in the crash. Although the news report does not discuss exactly how the accident occurred, it appears that one of the drivers passed into oncoming traffic and caused the collision. It is essential to road safety for drivers to maintain control of their vehicles and stay in their lane when traveling on small roads.

Driving a larger vehicle, like a truck or SUV, can help prevent a driver and their passengers from suffering serious injuries or death in the event of an accident. Larger vehicles do present an increased risk to other smaller vehicles on the road. Drivers of larger vehicles have a responsibility to other drivers to exercise extra care when traveling, as deadly accidents involving trucks and SUVs are tragically common in our region.

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.