Personal Injury

August 9, 2023

Excessive Speed Car Accidents: A Deadly Menace on Maine Roads

Tragedy struck the peaceful roads of Maine once again as two young lives were cut short in a devastating car crash. According to a recent article, two young men were driving together on Tenney Hill Road around 7 a.m. on June 5 when they collided with another vehicle and then hit a cluster of trees. One was pronounced dead at the scene and another was airlifted to Maine Medical Center in Portland. He died as a result of his injuries a week later.

The incident serves as a grim reminder of the dangers of excessive speed and the havoc it can wreak on our roadways. At Peter Thompson & Associates, we are deeply saddened by this loss and remain committed to raising awareness about the perils of reckless driving.

August 2, 2023

Stay Awake, Stay Safe: Understanding Accidents Caused by Drowsy Driving

by Peter Thompson & Associates

Accidents have the unsettling ability to disrupt lives in an instant, leaving a trail of devastation in their wake. A recent article from CentralMaine.come serves as a sobering reminder of just how swiftly lives can be transformed by a catastrophic collision. In Norridgewock, a driver fell asleep at the wheel and crossed over the center line, striking two other cars, injuring four people. All three vehicles were completely destroyed in the crash. Thankfully, there were no fatalities.

The Alarming Reality:

Drowsy driving is more than just a momentary lapse in attention; it is a leading cause of accidents on our roadways. According to the National Highway Traffic Safety Administration (NHTSA), drowsy driving is responsible for an estimated 72,000 crashes and 800 fatalities annually in the United States. Maine, despite its serene landscapes and tranquil settings, is not immune to the perils of drowsy driving.

July 25, 2023

Dog Attacks: Understanding Liability and What to Do If You’re Bitten

by Peter Thompson & Associates

Dog attacks can be terrifying and life-altering experiences, affecting victims physically, emotionally, and financially. According to data from the Centers for Disease Control and Prevention (CDC), an estimated 4.5 million Americans experience dog bites annually. Shockingly, a staggering 20% of these incidents demand immediate medical intervention due to the severity of the injuries.

According to a recent article, a six-year-old child was viciously attacked by a dog in Chesterville, Maine. The child was playing outdoors when an unrestrained dog lunged at them, causing severe injuries, particularly to the face and upper body. Fortunately, quick thinking by a nearby adult prevented the situation from escalating further. The child was promptly rushed to a nearby hospital, where they underwent emergency surgery.

Liability in Dog Attacks:

In Maine, dog owners can be held liable for injuries caused by their pets under certain circumstances. Maine operates under a “strict liability” statute when it comes to dog attacks. This means that dog owners are held responsible for injuries inflicted by their dogs, even if the dog has never displayed aggressive behavior before, and the owner had no prior knowledge of their dog’s potential to bite.

July 12, 2023

Tragic ATV Accident Leaves One Dead

by Peter Thompson & Associates

ATV (All-Terrain Vehicle) accidents can lead to severe injuries and tragic consequences. As a personal injury law firm based in Maine, we understand the devastating impact these accidents can have on individuals and their families.

According to a recent news article, a 16-year-old individual from Oakland, Maine tragically lost their life in an ATV accident on Manchester Road. The accident occurred when the ATV veered off the road and struck a tree. Emergency responders were called to the scene, but unfortunately, the teenager succumbed to their injuries.

The Prevalence of ATV Accidents in Maine:

ATVs are popular recreational vehicles in Maine, providing an exciting way to explore the state’s beautiful landscapes. However, with increased usage comes an inherent risk of accidents. According to the Maine Department of Inland Fisheries and Wildlife, ATV accidents have been a recurring issue in recent years, resulting in injuries and fatalities.

July 6, 2023

Train Derailment in Rural Maine Raises Safety Concerns

by Peter Thompson & Associates

Hazardous waste poses significant risks to human health, the environment, and communities. As a personal injury law firm dedicated to protecting the rights of individuals in Maine, we understand the severe consequences that can result from hazardous waste incidents.

According to a recent article, a freight train carrying hazardous materials derailed in Sandwich Academy Grant Township in Somerset County, raising concerns about railway safety and the transportation of dangerous substances. The derailment serves as a reminder of the potential dangers associated with the mishandling or release of hazardous waste and highlights the importance of implementing robust safety measures and adhering to regulations to prevent accidents and protect communities from the harmful effects of such incidents.

The Hazards of Hazardous Waste:

Hazardous waste poses significant risks to both human health and the environment. It can contain toxic substances, flammable materials, corrosive chemicals, or other dangerous components that can cause serious harm if released or mishandled. The recent freight train derailment highlights the potential magnitude of these hazards and underscores the need for stringent safety measures to protect communities from the harmful effects of such incidents.

June 26, 2023

Protecting Pedestrians in Maine: Understanding the Dangers of Pedestrian Accidents

by Peter Thompson & Associates

Pedestrian accidents can have devastating consequences, causing severe injuries and even fatalities. Maine’s picturesque landscapes and bustling communities make it important for both pedestrians and drivers to be aware of their surroundings and prioritize safety.

According to a recent article, a 13-year-old student was struck by a tractor-trailer while crossing the road after getting off a school bus in Gray. This unfortunate accident occurred during a critical moment when the bus’s stop-arm was extended to indicate that children were entering or exiting the vehicle. The student sustained severe injuries, requiring immediate medical attention.

Common Causes of Pedestrian Accidents

Understanding the common causes of pedestrian accidents is crucial in raising awareness and implementing effective safety measures. Some key factors that contribute to such accidents include:

January 11, 2023

Maine Supreme Court Addresses PTSD Claim in General Negligence Case

by Peter Thompson & Associates

Negligence law in Maine is designed to compensate the victims of another’s negligence for damages related to physical harm that is caused by such negligence. In addition to physical harm, victims can generally recover damages for psychological and economic damages that are causally related to this physical harm. Negligent acts that cause psychological or emotional harm without physical injury may also form actionable claims, however, Maine law is more limited in this respect. The Supreme Judicial Court of Maine recently ruled that a woman’s negligence claim alleging PTSD as a result of the defendant’s actions had been rightfully rejected by a lower court.

The plaintiff in the recently decided case worked as a heavy equipment operator for a paper company. The plaintiff’s company hired a heavy equipment repair company (the defendant) to fix a crane while the plaintiff was working. While working on the crane, employees of the defendant instructed the plaintiff to assist them in repairing the crane by operating the controls while a repairperson rode on the body of the crane. The plaintiff reluctantly agreed to assist the defendant’s employees. While the plaintiff was assisting in the repairs, one of the men repairing the crane unexpectedly stood up and was crushed between an overhead truss bean and the crane, causing him to fall 30 feet to the floor. The man dies as a result of his injuries.

The plaintiff suffered emotional distress and PTSD as a result of her experience surrounding the fatal accident. She filed a negligence lawsuit against the defendant, alleging that they negligently ordered her to participate in the repair, resulting in the death, and this caused the plaintiff’s psychological injuries. The plaintiff also made a claim that the defendant negligently inflicted emotional distress. In response to the plaintiff’s general negligence claim, the defendant answered that Maine law requires a plaintiff to allege physical harm as a result of negligence. In response to the negligent infliction of emotional distress claim, the defendant argued that the plaintiff did not have a sufficient relationship with the deceased for her claim to succeed. The trial court accepted the defendant’s arguments and resolved the case in favor of the defendant.

September 10, 2022

Comparative Fault in Maine Personal Injury Cases

by Peter Thompson & Associates

If you’re in an accident in Maine, whether a car accident or a slip-and-fall, you may be wondering if you’ll be saddled with the expenses required to treat your injuries, restore your property, and compensate your time away from work. Maybe you contributed in some small way to your accident, such as speeding slightly or not carefully inspecting the walkway, and you’re worried you may not be able to recover any costs at all.

To recover damages in a personal injury case, you must establish the negligence of the person you are trying to recover from. This means this person owed you a duty of care and breached that duty in a way that caused your injury, which basically establishes fault. Different states use different negligence systems that can create a confusing legal environment for personal injury litigants. Some states say that victims cannot recover any damages at all if they were at fault even in a small way in an accident. Others allow for recovery, but damages will be reduced by the percentage a jury finds you to be at fault. Others allow recovery if you are found either equally at fault or less than equally at fault. In Maine, if you are 49% or less at fault, you are allowed to recover damages in a personal injury case. This is called a modified comparative negligence system.

Modified Comparative Negligence in Maine

As stated above, Maine’s negligence rule means that you will recover as long as a jury determines you were less than 49% at fault in the accident—meaning you cannot recover if you are “equally at fault.” If you are less than 49% at fault but more than 0% at fault, your recoveries will be reduced to the extent the jury finds is “just and equitable” considering your actions and share of responsibility.

October 28, 2020

Maximizing a Maine Accident Victim’s Recovery when Restitution is Insufficient

by Peter Thompson & Associates

Under Maine law, an individual who suffers injuries because of another’s negligence or reckless conduct may hold at-fault parties or entities responsible for their damages. In some cases, the other party may be responsible under both civil and criminal statutes. Generally, tort or civil claims involve situations where one or more parties’ negligence directly or proximately causes personal damages to another person. Whereas criminal conduct involves a wrong committed against society, in general. The difference between this conduct generally involves the method of wrongdoing, the actor’s intent, and the effect on society. However, in some cases, a tort activity may involve criminal conduct. In either case, a victim may be entitled to damages through civil awards or court-ordered restitution.

Court-ordered restitution is “monetary reimbursement ordered at the offender’s sentencing.” This reimbursement may include a combination of monetary compensation or services by an offender to the victim of a crime and the economic loss caused by the crime. Under the law, criminal courts cannot impose restitution for pain and suffering. In cases where restitution is a condition of an offender’s probation, a probation officer will monitor compliance. Also, the Maine Crime Victims’ Compensation Program may provide additional compensation for a victim’s expenses.

Victims must understand that criminal restitution does not negate their right to civil damages. Court-ordered restitution and civil damages serve different purposes. Victims who seek compensation through the civil system do not need to establish that the victim was guilty through the criminal system. Restitution is designed to rehabilitate the offender and deter future criminal behavior. In contrast, a civil judgment is aimed at compensating the plaintiff for their losses. Although civil plaintiffs can recover through restitution, this does not always cover the extent of the victims’ losses.

April 20, 2020

Important Laws Pertaining to Maine Personal Injury Cases

by Peter Thompson & Associates

Individuals who suffer injuries because of another person or entities’ negligence may be able to recover for their damages from the negligent party. Under Maine’s personal injury laws, victims who wish to recover damages must be sure to adhere to the state’s strict procedural and evidentiary rules. Injury victims should consult and retain an experienced Maine injury victim to ensure that their rights and remedies are appropriately addressed.

Maine’s “statute of limitations” provides Maine injury victims with a strict amount of time that they have to file a personal injury lawsuit against the culpable party. In Maine, personal injury plaintiffs must file their lawsuits within six years of when the incident giving rise to the claim occurred. Relative to other states, Maine provides victims with a longer time frame to file their lawsuit; however, plaintiffs still risk dismissal if they fail to abide by the time period. Additionally, there are stricter and shorter deadlines when the claim is against a governmental entity such as a city or county. In those cases, plaintiffs must meet additional notice requirements, and they only have two years to file their claims.

Another critical concept that injury victims must understand is Maine’s comparative fault rule. Maine follows the modified comparative fault rule to resolve cases where the plaintiff is partially responsible for causing their own injuries and damages. Under the law, an injury victim’s damages will be reduced relative to their percentage of fault, as long as they are less than 50% responsible. If the injury victim is more than 50% responsible, courts will bar their claim, and they cannot collect any damages from the other party. The law requires Maine courts to apply the rule whenever the two parties share fault; however, the rule is also relevant during insurance settlement negotiations.