Maine Injury Lawyer Blog

August 30, 2018

Maine Car Accident Watch: Self-Driving Tech Coming to Portland

Self-driving technology is coming to Portland, Maine’s largest city. With it, residents may see an uptick in Maine auto accidents.

A Washington State company called Inrix announced it plans to test its self-driving automotive technology on the streets of Portland. Inrix is a global company that develops and deploys Internet services and mobile applications for road-traffic and driving uses. The software platform, called AV Road Rules, is intended to function as a guide for self-driving cars, by allowing vehicles to “see” road conditions such as one-way streets, crosswalks and school zones. Portland will focus initial mapping on Commercial Street and Franklin Street, heavily used transportation corridors into the Old Port and downtown Portland.

The complexities of today’s modern vehicles — from airbags to anti-lock brakes to early-warning systems and backup cameras, are already making an impact in the courtroom when it comes to personal injury and wrongful death litigation. A recent column in the Press Herald highlighted just a few of the questions being raised by such emerging technologies.

August 16, 2018

Maine UTV Accident Illustrates Risks of All-Terrain Vehicle Injuries

by Peter Thompson & Associates

The recent injury of a Sanford girl in a UTV accident highlights the risk of these and other all-terrain vehicles (ATVs) as we head into autumn.About 500 people a year are killed in ATV accidents, according to federal statistics, and more than 100,000 are injured seriously enough to seek treatment in hospital emergency rooms. About 25 percent of victims are under 16 years of age. In all, nearly 15,000 riders have been fatally injured since ATVs became popular in the 1980s.

CBS13 reports hundreds participated in a Sanford fundraiser for the 8-year-old girl, who broke her neck and jaw and suffered numerous skull fractures after falling from her UTV. The local Maine ATV Club sponsored the event.

Autumn is the most dangerous time of year for accidents involving utility and all-terrain vehicles for various reasons. Experience and familiarity bring more aggressive riding, often on newer, larger, and more powerful ATVs. The ground is hard, and vegetation is reaching maximum growth, which reduces visibility and creates hazards of its own.

August 9, 2018

Maine School Injury Case Results in Partial Summary Judgment

by Peter Thompson & Associates

The Maine Supreme Judicial Court recently granted partial summary judgment in a case against a Portland High School after a mother alleged her teenage son fell and struck his head while apparently tussling with an older boy at a school sporting event.The court dismissed the claims against the older boy’s parents. The case against the defendant teen and the school district will proceed separately from this ruling.

The mother claimed the incident occurred at Cheverus High School in Portland, where a number of youths had been attending a sporting event. She filed an injury lawsuit against the school district, as well as the older boy and his parents, bringing counts for negligence and negligent infliction of emotional distress. The defendant parents requested summary judgment for both negligent infliction of emotional distress and causes of action under state negligence laws.

Summary judgment is a legal term that means a plaintiff has failed to bring a case in which there is a genuine issue of material fact for a jury to decide, so the moving party is entitled to judgment as a matter of law. Essentially, this means a plaintiff failed to bring a case sufficient for a jury to decide upon matters of fact, and the defendant otherwise prevails as a matter of law. Summary judgments are frequently filed by law firms defending corporations and large insurance companies. It means an unprepared injury attorney could find his case over shortly after making it to the courtroom.

July 23, 2018

Design Often at Issue in Storefront Crashes, Parking Lot Injuries

by Peter Thompson & Associates

A Massachusetts Appeals Court has affirmed a multi-million dollar wrongful death judgment awarded to the estate of a woman killed after a vehicle ran into a Chicopee convenience store.

We have seen an increasing number of parking lot injuries and storefront crashes throughout New England in recent years. The Storefront Safety Council reports nearly half of these collisions involve a driver over the age of 60 and about half are attributed to operator or pedal error. The group estimate more than 500 people are killed and 3,600 injured in accidents caused by motorists driving into storefronts each year.

This case resulted in a $32 million verdict against a convenience store company after a woman was struck and killed by a speeding sport utility vehicle (SUV) that crashed through a Chicopee storefront, when the 81-year-old driver lost control. The victim’s husband, as executor of her estate, had argued the company was negligent for not installing bollards or taking other safety measures after hundreds of car strikes at its convenience store locations. The company argued it had no duty of care; that the event was completely random and unforeseeable; and that wrongful death was caused by the negligent actions of the at-fault driver.

July 16, 2018

Bangor Road Construction Highlights Accident Risks

by Peter Thompson & Associates

Construction at a busy downtown Bangor intersection has proven stressful to motorists and has authorities preaching caution through the remainder of summer road-construction season.

The downtown work to replace Civl War era drainage and sewer lines began in April and is expected to last through the remainder of the year. The project has narrowed Exchange, State, Harlow and Hammond streets to one lane, and temporarily reconfigured Park Street to one-way travel.

Summer is prime time for road construction throughout Maine, as crews work to improve infrastructure and repair winter road damage. As of mid-July, the Maine Department of Transportation lists 360 road construction projects in progress throughout the state.

July 2, 2018

Maine Hit-and-Run Accidents a Growing Concern

by Peter Thompson & Associates

Hit-and-run accidents in Maine (and nationwide) are a rapidly rising concern, highlighted by an alarming new report indicating hit-and-run deaths have a record-high nationally.

The AAA Foundation for Traffic Safety revealed that in a single recent year, there were 737,000 total hit-and-run crashes tallied with 2,049 deaths. Both of these figures are the most ever recorded since the National Highway Traffic Safety Administration began recording in 1975. Hit-and-run crashes account for 12 percent of the total crashes in the U.S., 7 percent of all injuries and 5.5 percent of all car accident deaths.

In Maine, there were a total of seven hit-and-run crashes resulted in death recorded that year. On one hand, that’s one of the lowest figures of fatal hit-and-runs in the country. However, the data is presented in raw numbers, failing to factor in population. Beyond that, those seven crashes amounted to a 75 percent year-over-year increase and the highest reported in the last decade. We had four straight years in that time with zero hit-and-run crash deaths, and the year before that, there one deadly hit-and-run crash. Continue reading

June 28, 2018

Rabid Animal Attacks Put Focus on Dog Bite Injuries in Maine

by Peter Thompson & Associates

Rabid wildlife has attacked two Brunswick residents and two dogs in recent days. While references to Stephen King’s “Cujo” will no doubt abound, the fact remains summer is already the most dangerous time of year for Maine dog bite injuries; confirmed cases of rabies in the area will only serve to increase the risks. While Stephen King’s 1981 classic depicted the horror faced by a mother and son held captive in rural Maine by a rabid dog, the truth of the matter is that mandatory pet vaccines throughout the majority of the country have drastically reduced the risks.

However, Maine is among the states that still report the most cases each year. The Centers for Disease Control and Prevention reports rabies is a preventable disease of mammals, transported most often through the bite of another rabid animal. The vast majority of reported cases each year occur in wild animals, including raccoons, bats, foxes, and skunks. Untreated, the virus infects the central nervous system and leads to brain disease and death. Death occurs within days of the onset of symptoms.

In the Brunswick case this month, the Bangor Daily News reports a 72-year-old woman was bitten by a gray fox. A 27-year-old neighbor was also bitten while trying to detain the fox for authorities. In a separate incident, two dogs were bitten by a rabid skunk. As of June, Maine has had 18 confirmed cases of rabies reported statewide.

June 8, 2018

Fall Accidents a Common Cause of Employee Injuries in Maine

by Peter Thompson & Associates

A Maine roofer has been ordered to pay nearly $400,000 in fines and implement a safety program, including the use of proper safety equipment and fall protection.

Business Insurance reports the announcement by the U.S. Occupational Safety and Health Administration comes this month after safety violations were cited at 11 worksites between 2000 and 2011. The company has failed to pay fines or institute proper safety measures, despite having been ordered to do so by a First Circuit judge in 2011, according to OSHA.

Maine workers’ compensation lawyers continue to see an increasing number of fall accidents in the workplace. While falls are the leading cause of work injuries (after transportation accidents), they are particularly common in the construction industry. Summer months will bring an increasing number of roofers to the skyline to make repairs and replace old or damaged roofs, so it’s an apt time for a reminder of the risks these workers face and the safety mandates in place to protect them.

May 9, 2018

Motorcycle Safety, Bicycle Accident Prevention Spring Goals in Maine

by Peter Thompson & Associates

As we recently reported on our Maine Injury Lawyer Blog, May is Motorcycle Safety Awareness Month. As riders hit the road each spring, they face the highest risks of the year. And already this month, we have reports of a slew of serious and fatal motorcycle accidents throughout the state, including the death of a 24-year-old Portland man and a motorcycle crash in Acton that resulted in serious head injuries for a Barrington couple involved in a Saturday evening crash.

Our Maine motorcycle accident lawyers also note safety advocates are focused on the other two-wheel riders hitting the roads this spring. Like motorcycle accidents, the number of serious and fatal bicycle accidents in Maine spikes each year as the last of the snow melts. Coastal Journal reports the City of Bath will be among those promoting Bike to Work Week on May 14-18, which culminates in Bike to Work Day on Friday, May 18. Fitness advocates and environmentalists continue to promote cycling as a means of physical activity that offers environmental benefits and cost savings of up to $8,000 a year for those who regularly bike to work.

Maine Bicycle Accidents: Men at Risk

April 24, 2018

Motorcycle Safety a May Focus in Maine

by Peter Thompson & Associates

May is Motorcycle Safety Awareness Month and a prime time for Maine motorists to commit to watching out for motorcyclists as the summer riding season begins.

Because, statistically speaking, an accident is likely to be a non-motorcyclist’s fault.

“When motorcycles and other vehicles collide, it is usually the other (non-motorcycle) driver who violates the motorcyclist’s right of way,” according to the National Highway Traffic Safety Administration.