Personal Injury

August 11, 2011

Amtrak Sues Trucking Company for Maine Truck-Train Accident

Amtrak has filed a lawsuit against the Massachusetts company that owned the truck hit by the Downeaster passenger train last month in North Berwick, Maine. That truck is owned by Triumvirate Environmental Inc. of Somerville, Massachusetts.

The driver of the 18-wheeler truck was killed in the Maine car accident that happened on July 11th, according to boston.com.

The truck was carrying more than 50,000 pounds of trash to a local incinerator. Police are conducting an ongoing investigation into the accident.The Amtrak driver is accusing the big rig driver of ignoring the railroad crossing controls and warnings while he was crossing the railroad tracks. Four passengers aboard the Amtrak train suffered injuries in the collision. Amtrak isn’t seeking specific damages, but they are reportedly seeking compensation for subsequent service disruption costs of $3 million. The suit was recently filed in federal court in Massachusetts.

Our Portland personal injury attorneys understand that the court filings for this case state that the crossing warnings were activated as the truck proceeded through the crossing. They also state that the truck driver “failed to heed the warnings” and drove his tractor-trailer around the lowered crossing gates and caused the accident. This case is important to bring up because accidents near railroad crossings can be oftentimes produce deadly results if the proper safety measures are not taken and if warning signals are ignored.

“Once we get it all done, we’ll release what our finding was,” says Police Chief Stephen Peasley, estimating it could be another couple of weeks.

The suit was filed on August 8th at the U. . District Court of Massachusetts by John Bonistalli, the attorney representing National Railroad Passenger Corporation.

It is estimated that a person or a vehicle is hit by a train every 115 minutes. It is also estimated that about half of these railroad accidents occur at railroad crossings when automatic warning devices, like flashing lights and gates, are present and are properly activated and working.

According to the U. . Department of Transportation, there are approximately 5,800 vehicle-train accidents each year in the United States. A majority of these accidents occur at railroad crossings. These accidents result in an average of 600 fatalities each year. These accidents also injure about 2,300 people yearly.

Common injuries of a train and car accident can include brain trauma, spinal cord injuries, concussions, other head injuries, sprains, fractures, abrasions, burn injuries and internal and various soft tissue injuries. Many of these injures can be life threatening.

Railroad accidents most oftentimes include these scenarios:

-Derailment of a train.

-Train-train collisions.
-Train-car collisions.
-Train-person collisions.
-Damage to property.

Accidents that involve a train can be very complex and difficult for the victims, especially when fighting for deserved compensation. That is why it is critical for you to contact an attorney immediately following a train wreck or railroad accident.

July 1, 2011

Our Maine Injury Attorneys Ask You to be Cautious This Independence Day

by Maine Employee Rights Group

Our Maine personal injury attorneys would like to wish you a happy and safe Fourth of July holiday weekend. We would also like to ask you to be extra cautious, no matter what your plans are, as many residents are exposed to an increased risk for accidents and injuries.Residents and visitors are more likely to experience an injury in Maine during this holiday weekend, whether you’re celebrating on the water, at the pool or lighting off fireworks. With the proper safety precautions, residents can help to keep themselves and their loved ones safe and injury-free this Independence Day weekend.

Celebrating the weekend on the water?sBe sure you follow these safety tips, provided by Discover Boating, to help keep you and other boaters safe:

-Check the weather reports before venturing out. If you’re out on a boat and you see bad weather approaching, play it safe and get to land. It is encouraged that you get off the water if you notice darkening clouds, volatile and rough changing winds or sudden drops in temperature.

-Be sure to operate at a safe speed all the time, especially in crowded areas.

-Stay away from large vessels that can be restricted in their ability to stop or turn.

-Be respectful of buoys and other navigational aids. These signals have been placed there to help ensure your boating safety.

-Make sure more than one person on board knows every aspect of your boat’s handling, operations and other boating safety tips.

-Make sure that everyone on board has a life jacket. A majority of drowning victims were the result ofsboating accidents in which passengers were found to not be wearing a life jacket.

-Never boat and drive. You’re twice as likely to be involved in a boating accident when alcohol is involved.

-Get a free vessel safety check. The US Coast Guard offers free boat examinations to verify the presence and condition of certain safety equipment required by state and federal regulations.What’s the Fourth of July without fireworks? Using fireworks is as traditional as Independence Day parades and barbecues. According to the National Council on Firework Safety, there were approximately 5,900 fireworks-related injuries during the Fourth of July season in 2009. Dr. John Steinberg, a member of the Board of Directors of the National Council on Firework Safety, suggests that everyone uses a little common sense to reduce the risks of injury this year.

The Council offers these tips to help keep residents safe this Fourth of July:

-Always supervise teens when they are using fireworks.

-Do not allow children to handle fireworks.

-Only use fireworks outdoors.

-Always have water ready. You should keep a bucket of water or a hose nearby.

-Do not drink alcohol and light off fireworks. Always have a designated lighter.

-Make sure you’re wearing safety glasses whenever lighting off fireworks.

-Do not attempt to relight a dud firework. Instead, let it sit for 20 minutes and then soak it in water.

-Do not combine or alter fireworks in any way. Only use them as instructed.

As summer provides perfect weather for outdoor celebrations, many residents will be relaxing poolside and barbecuing with family and friends, but with the pool comes great risks for injuries — and death.

According to the Centers for Disease Control and Prevention, approximately 10 people die every day from unintentional drowning. Two of these deaths that occur every day occur to children that are under the age of 15. As a matter of fact, drowning is the sixth leading cause of unintentional injury death for people of all ages. It is the second leading cause of death for children ages 14 and younger.

There were nearly 3,500 fatal unintentional drownings in 2007 alone. These were non-boating related drownings. More than half of the drowning victims were taken to and treated in emergency rooms and eventually were transferred to higher levels or care of hospitalized. Many times, injuries from nonfatal drownings can be sever and life altering. A victim can suffer brain damage that may result in long-term disabilities. These disabilities can include memory problems, learning disabilities, and permanent loss of basic functioning.

The CDC offers these safety tips to help ensure everyone’s safety this holiday weekend at the pool:

-Supervise children around water at all times.

-Always use the buddy system. Never swim, or let anyone swim, alone.

-Do not use air-filled or foam toys in place of life jackets. These toys are not designed to keep swimmers safe.

-Avoid drinking alcohol before or during swimming.

-Learn cardiopulmonary resuscitation (CPR). In the time it might take for paramedics to arrive, your CPR skills could help to save someone’s life.

Again, have a safe and fun Independence Day and remember to practice all safety tips, regardless of your weekend plans.

June 10, 2011

National Safety Month in June Aims to Reduce Unintentional Injuries in Bangor

by Maine Employee Rights Group

June is National Safety Month in Maine and throughout the country. In order to raise awareness, the National Safety Council is urging communities and businesses to practice safe behaviors at work and home to reduce the number of preventable injuries and car accidents in Maine and elsewhere.

Our Bangor accident attorneys know that safety is important, but it is often someone else’s irresponsible behaviors that can cause serious injury, so be prepared to take action if you are the victim of negligence.

The NSC has dedicated each week of the month to different safety topics. The first week, June 1-4, is dedicated to summertime safety. Numerous Safety & Health Fact Sheets are provided with a concentration on distracted driving, teen driving, workplace safety and home safety.

The focal point of week two, June 5-11, is preventing overexertion. Injuries in the lower back, sprains and strains, are the most prominent example of overexertion injuries. Overexertion is the third-leading cause of preventable injuries that are treated in a hospital emergency room.

June 12-18 is dedicated to teen driving safety. Creating awareness is critical in keeping roadways safe since 5,500 people are killed yearly in accidents with a teen driver involved.

The fourth week, June 19-25 focuses on preventing slips and fall accidents. Falls are a common cause for a trip to the emergency room, especially in older adults (55 and up).

The final week, June 26-30, places attention on driving and cell phone use. It is estimated that 23 percent of car accidents are caused by drivers distracted by cell phones.

A national observance of unintentional injuries and deaths is needed because the number of accidents is escalating to undesirable levels. In 2009, there were more than 128,000 unintentional deaths – a 47 percent increase since 1992. In comparison, the 1992 total (86,777) matched the lowest estimated total since 1924; the 2009 total was the highest estimated total ever recorded.

Each year, families throughout the country spend roughly $5,900 on medical expenses for unintentional injuries and trips to the hospital. These injuries cost Americans and their employers almost $700 billion a year.

As part of overexertion recognition week, the NSC offers the following safety and health tips:

-Keep your home and work environment clutter-free. Store things in a closet or cabinet.

-Refrain from using rolling chairs as a ladder to reach things.

-Stack heavy items near the bottom to avoid them falling on you or straining your back to lift them.

-Make routine visits to the eye doctor to check your vision. Make sure prescription eyeglasses are used when needed.

-Make sure outlets are not overloaded with cords to reduce the risk of a fire hazard.
Visit the website for more safety tips that can be used at work.

Maine residents can reduce the risk of unintentional injuries by being safe drivers, maintaining a safe home and work environment and using a little common sense when it comes to proper safety procedures.

May 19, 2011

Motorcycle accidents in Bangor a spring and summer risk

by Peter Thompson & Associates

After months of cold weather and icy roads, motorcycle enthusiasts in Maine are finally hitting the streets again. May is Motorcycle Safety Awareness month so motorists are encouraged to share the roads wisely while keeping a watchful eye for bikers in order to avoid motorcycle accidents in Portland or elsewhere in the state.
Motorcycles are a fuel-efficient mode of transportation so it should come as no surprise if we begin to see more traveling on roadways due to the elevation in gas prices recently. Last month the Bangor Daily News reported that motorcycle fatalities decreased by 2 percent nationwide during the first nine months of 2010. This isn’t a trend believed to continue moving forward as the statistics indicated the drop in fatalities was during the beginning of the year. In fact, it is highly doubtful considering motorcycle fatalities have more than doubled in the last decade — from 2,483 in 1999 to as many as 5,290 in 2008. Each year has shown a steady increase during this 10 year time period according to the National Highway Traffic Safety Administration. sInjuries have also shown a steady increase from 1999 to 2008 with the highest mark in 2007 at 103,000 people injured in motorcycle accidents. Maine recorded 18 motorcycle rider fatalities in 2008.

In 2009, Maine recorded over 49,000 registered motorcycles on roadways. There were 102,763 licensed motorcyclists in the state in 2009. Maine requires all riders and operators under age 18 or any motorcyclist with less than one year driving experience to use a federally mandated helmet when riding a motorcycle.

Motorists should keep riders in mind this summer with the following helpful tips:
-Keep plenty of space between you and the motorcycle in front of you.

-Never change lanes or merge with traffic unless you signal first and turn your head to look before you cross the line.

-Make sure the bike in front of you turns before approaching them too closely. Many bikes don’t have an automatic shut-off for the turn signal so they could be signaling inadvertently.

-Never engage in aggressive or distracted driving activities. Motorcycles can appear from nowhere and are difficult to spot.

January 18, 2011

Skiing Accidents, School Injuries, can lead to Portland Premise Liability Claim

by Peter Thompson & Associates

A teenager from Carrabassett Valley Academy has died in a Maine skiing accident at Sugarloaf ski resort, the Boston Globe reported.

As our Portland accident attorneys reported recently on our Maine Injury Lawyer Blog, the resort was the site of a chairlift malfunction that injured numerous guests late last month.In this case, Channel 8 News reports the school was quick to announce the high-school junior was skiing on his own time and was not participating in a school activity at the time of the crash. Police say he died after skiing into an object on Black Diamond Trail.

The National Ski Areas Association reports an average of 38 people are killed each year in skiing and snowboarding accidents. Countless others are injured. It is incumbent upon business owners to provide a safe and secure environment for customers and invited guests. Faulty equipment, poor maintenance, hazardous conditions or lack of safety or emergency personnel could all result in liability on the part of a resort.

Schools also have an obligation to provide for the safety of students, whether on school property or at a school sanctioned field trip or event. Examples of school-related accidents that can lead to a personal injury or wrongful death claim include premise liability claims, school bus accidents, sporting accidents, negligent security and assault or abuse.

December 28, 2010

Sugarloaf chair lift derails injuring, stranding skiiers

by Peter Thompson & Associates

As reported in the Portland Press Herald on December 28, 2010

CARRABASSETT VALLEY — A chair lift derailed in high winds at Maine’s tallest ski mountain Tuesday, sending screaming skiers plummeting as far as 30 feet to the slope below and injuring several of them.

The Sugarloaf resort in Carrabassett Valley, about 120 miles north of Portland, said about six people were injured when five chairs fell an estimated 25 to 30 feet. The resort’s ski patrol evacuated the lift, which had passed an inspection.

December 15, 2010

Mother and daughter killed in crash on Bailey Road in Knox

by Peter Thompson & Associates

As reported in the Portland Press Herald on December 15, 2010

” . . .

A Subaru Outback driven by Laura Breault, 48, of Knox, was heading east toward Brooks. Breault was taking her 15-year-old daughter, Jessica, to school, Keating said.

December 14, 2010

Seatbelt safety and usage

by Peter Thompson & Associates

For many years, Maine law has required anyone in a vehicle that is required to have seatbelts, to wear a setbelt. (29-A M.R. .A §2081)There are also more specific safety restraint rules for children.

A study done of crashes which occured in 1996 in Maine concluded that ” . . . unbelted occupants were 2.8 times more likely to be hospitalized or die with a head injury than those belted.” (As reported by the Maine Bureau of Highway Safety). However, the statute specifically states that failing to use your seatbelt is not admissible evidence in any civil or criminal trial. Therefore, while it is clear that you should be belted when you are in a vehicle, the fact that you were not wearing your seatbelt during an accident is irrelevant. It cannot be used as eveidence, even if the other driver could prove you would not have been injured if you had your seatbelt on.

Some states do not have this rule. Therefore, some insurance adjusters may tell injured parties their claims are worth less because they didn’t buckle up. If you or someone you know has been injured in an accident in while unbelted and has questions about the law, contact the team at Peter Thompson and Associates. We have handled thousands of similar claims and recovered millions of dollars for our clients. For a consultation call 1-800-917-1784 or read more on our website, www.Peter-Thompson-Associates.com, on our car accident practice page.

November 28, 2010

Deering High graduate dies in crash in Massachusetts

by Peter Thompson & Associates

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.

November 26, 2010

National Transportation Safety Board hosts forum on aging drivers

by Peter Thompson & Associates

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.