Maine Injury Lawyer Blog

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.

While accident reporting agencies group incidents into broad categories, in reality, each accident has a unique set of circumstances that can impact medical and financial recovery. Those who suffer injuries in a Maine car accident should not assume that the law entitles them to compensation. Law enforcement, emergency responders, medical providers, and insurance companies all have different interests in mind, and a victim’s compensation is not necessarily their priority. As such, it is critical that injury victims contact an attorney to ensure that they recover compensation from the liable parties.

Although the media depictions portray attorneys primarily in the courtroom, in reality, experienced attorneys are valuable during all stages of a claim. Maine lawyers can assist during investigations, settlement discussions, mediations, pre-trial proceedings, litigation, and appeals. Unlike many other parties involved in an accident or claim, a plaintiff’s attorney’s priority is to obtain a favorable outcome for their client. To accomplish this objective, a victim’s attorney will engage in a thorough investigation to determine the circumstances that led to the incident.

In the vast majority of cases, an accident indicates a failure on someone’s part. The failure could step from defective machinery, human error, or an environmental condition. While initial police investigations may point to a suspected cause or general fault, a thorough investigation can reveal why an accident occurred, and at which points it could have been prevented. This is especially critical in severe or fatal accidents where the parties may not be able to recount the events.

During busy travel months in the summer, more cars than ever are on the road as families head on road trips across the country. Often, no matter how much caution you exercise, factors beyond your control can make roads unsafe. For example, even on a day with clear skies and plenty of daylight left, external elements affecting other drivers such as exhaustion, fatigue, or driving under the influence could render roads extremely dangerous.

Unfortunately, Maine is no stranger to drivers who operate motor vehicles under the influence. According to recent statistics, 30.7 percent of total driving fatalities in 2018 were alcohol-impaired fatalities. In comparison, the national average for 2018 was 28.8 percent. With this in mind, it is crucial that Maine drivers remain vigilant and proactive, but also know what their legal options are if they are hit by a negligent or reckless driver under the influence.

According to a recent news report, a tractor-trailer crash shut down part of a local interstate and the driver is now facing several drug-related charges. The crash took place when a tractor-trailer hauling pantry staples veered off the right side of the road and collided with rock ledges framing the interstate. The tractor-trailer then rolled on its side and came to a stop with its cab partially in the right lane. Local authorities evaluated the driver, who was deemed impaired by Maine State Police and was arrested and charged with operating a vehicle under the influence of drugs, driving to endanger, and unlawful possession of methamphetamine.

Although traffic signals and signs usually provide instruction on what to do while driving, some rules of the road aren’t always posted. Right-of-way laws, for example, are important rules every driver should be familiar with but are not necessarily always reflected in signage. Knowing when to yield and having familiarity with right of way laws is essential to keeping both pedestrians and drivers safe on our roads and avoiding Maine car accidents.

According to a recent news report, a local woman was critically injured after a failure to yield accident. A preliminary investigation of the crash site by local authorities indicated that the driver of a Buick failed to yield to oncoming traffic at an intersection. The Buick struck a pickup truck that was traveling east. While attempting to swerve around the Buick, the pickup truck crashed head-on into another car traveling in the opposite direction. Local authorities noted that failure to yield and speed were likely both contributing factors to the accident.

In Maine, right-of-way laws are straightforward and easy to understand. Generally, when Maine drivers fail to yield the right of way, four demerit points are assigned to the individual’s license. In addition, each offense is attached to a $50 fine with an $85 surcharge regardless of how many violations have accrued. If violations take place repeatedly, drivers risk getting their license suspended.

While every motorist is taught the importance of following the speed limit and being courteous to other drivers, when people get stressed, they tend to engage in dangerous driving behavior that puts everyone on the road at risk. Indeed, speeding and other forms of aggressive driving are some of the leading causes of preventable car accidents in Maine, as well as across the country.

Recently, one man was killed in a Maine car accident that authorities are chalking up to aggressive driving. According to a local news report, the collision took place on Interstate 95 at around 10 in the morning. Evidently, a motorist was driving in the left-most passing lane on I-95 as he was attempting to pass a slower-moving pick-up truck. However, as he was in the process of overtaking the pick-up truck, another driver whipped in front of him, cutting him off.

The two vehicles collided, and the aggressive driver lost control of his vehicle, which rolled several times before coming to a stop in the median. The driver was not wearing his seatbelt and was thrown from the vehicle. Emergency crews took the man to the hospital, where he sadly died from his injuries. The driver who was in the process of passing the pick-up truck was not injured.