Maine Injury Lawyer Blog

April 17, 2018

Bangor Alcohol Ordinance Aims to Reduce Drunk Driving Accidents

Bangor has a new weapon in the fight against drunk driving after the passage of a citywide ordinance that requires servers and sellers of alcohol to undergo training about state laws. WABI TV reports the new ordinance comes after Bangor police recently issued nearly 70 citations for alcohol-related incidents. Police report seven convenience stores sold to minors during a recent enforcement blitz. Six bars permitted minors into the business and then sold them alcohol.

Bangor’s Public Health and Community Services Department reports the new training is aimed at reducing instances of sales to minors or intoxicated patrons.

Maine Drunk Driving Accident Prevention in Focus

March 28, 2018

Self-Driving Uber Accident Raises Legal Liability Questions

by Peter Thompson & Associates

A number of legal questions are being raised by the death of an Arizona pedestrian, who was struck earlier this month by a self-driving Uber vehicle in Tempe, Arizona.It is the first death in the country involving a self-driving vehicle, and the Insurance Journal reports legal liability in the case is being closely watched. It could raise issues relevant to Maine car accident victims as well.

The self-driving SUV was operating in autonomous mode under the supervision of a safety driver when the Volvo XC90 struck and killed a 49-year-old woman walking her bicycle outside a crosswalk on a four-lane road, according to police. The incident has been caught on videotape.

Liability in Ride-Sharing Accidents in Maine

March 14, 2018

Portland Pedestrian Killed by City Snow-Removal Vehicle

by Peter Thompson & Associates

The Press Herald is reporting a 58-year-old pedestrian was killed by a city-owned truck in an accident that occurred on Congress Street shortly before 4 a.m. A dump truck driven by a 49-year-old city employee was carrying a load of snow near the Maine Turnpike overpass when it struck the victim, according to the Portland Police Department. This is one of several snow-related mishaps to make news recently — our injury attorneys in Portland recently blogged about several fatal accidents involving snowmobiles and Maine ski resorts.

Maine pedestrian accidents are a growing concern in urban areas. In this case, the victim’s family may look to either the city or their own auto insurance policy to make a recovery if the victim carried uninsured/underinsured motorist coverage.

The involvement of a city employee will complicate the victim’s family’s ability to make a recovery. A law firm with significant experience handling cases against municipalities and school boards should always be consulted as soon as possible after a serious or fatal accident involving a government entity.

February 23, 2018

Maine Highway Traffic Safety in Focus

by Peter Thompson & Associates

The Maine Department of Transportation is releasing a new Strategic Highway Safety Plan in response to an increasing number of traffic fatalities.

MDOT reports about 33,000 Maine car crashes a year with about 150 traffic deaths. The improving economy and low gas prices were both cited as factors in the increase. Still, motorists are urged to do their part.

“Crashes are not accidents,” said Highway Safety Director Lauren Stewart.

February 9, 2018

Liability in Maine Sledding and Skiing Accidents

by Peter Thompson & Associates

The Bangor Daily News reported one teen was killed and another seriously injured in a January sledding accident at a Maine ski resort.

Media reports indicate two teens were riding a sled down a ski trail at about 2 a.m. when they hit a tree, badly injuring one rider and killing the other teen. Both teens reportedly attended Portsmouth High School. An Oxford County sheriff’s deputy said the teens were riding a rubber tube on an expert level course. A resort spokesperson said the resort was closed at the time of the accident and does not allow sledding.

The National Ski Areas Association (NSAA) reports sledding fatalities are rare. However, serious and fatal Maine ski accidents are not. The agency reported 33 catastrophic injuries at U.S. ski areas last year. With more than a dozen major ski resorts, Maine remains among the nation’s most active skiing destinations, according to the Ski Maine Association.

January 24, 2018

Icy Road Conditions Make for Treacherous Maine Driving

by Peter Thompson & Associates

Sad news was reported recently when an 88-year-old driver and his 82-year-old wife were killed after the husband lost control of their sport utility vehicle on a snow-covered road in Sanford, ME and collided head-on with another vehicle. The driver of the other vehicle he struck was not injured, although a passenger was taken to a nearby hospital to receive medical attention. Although The Bangor Daily News reports the car accident is still under investigation, authorities have been clear to say that snow and ice played a role in the collision.

As our Maine car accident attorneys can explain, no driver can control the weather, but that doesn’t mean the issue of liability is negated. That is because all motorists have a responsibility to drive their vehicles in a manner that is safe, considering the current road conditions.

As noted by the Maine Department of Transportation, that means first of all “maintaining a safe cushion,” or in other words giving yourself enough time to react if another driver ahead makes a mistake or if conditions suddenly change. The only way to do this is to keep enough space between your vehicle and those around you – particularly the vehicle ahead. When the roads are slippery (i.e., rainy, snowy, or icy), motorists need to give themselves even more time to slow or stop. That means maintaining a greater distance and also slowing down.

January 10, 2018

Maine Motorcycle Accident Victim’s Husband Settles Lawsuit Against Construction Contractor

by Peter Thompson & Associates

A man whose 53-year-old wife died in a Maine motorcycle accident in 2014 has settled his claims against the construction contractor in Augusta that allegedly failed to inspect and repair a dangerous pothole that reportedly caused his wife to lose control of her bike.

The plaintiff had been riding a motorcycle separately from his wife in Augusta when he watched her strike the pothole and saw the bike go down. The couple had married just six weeks earlier, and they were traveling with another pair to see a home in Manchester they were preparing to purchase. His original wrongful death lawsuit was filed in 2015 in Kennebec County Superior Court, and it initially named not just the construction company but also the state, the state’s department of transportation, the city of Augusta, and a number of other defendants.

In the end, claims against all defendants other than the construction company were dismissed. This likely had to do with the fact that any claim against government agencies can be tough to prove, due to concepts like sovereign immunity and the difficulty of proving these entities owed a duty of care to the individual in question. But, as this case revealed, that doesn’t necessarily mean there are no other avenues of compensation worth pursuing.

December 28, 2017

Maine Truck Accident Caused by Driver Who Fell Asleep

by Peter Thompson & Associates

The driver of a tractor-trailer packed with sawdust and wood chips narrowly escaped serious injury after he reportedly fell asleep, crossed the center line and slammed into a ditch on the opposite side of the road before the rig turned on its side.

The crash occurred on Route 150 in Athens. The 50-year-old trucker told responding authorities that he fell asleep while driving and then work up in a ditch. He was transported to a local hospital as a precaution, the Kennebec Journal reported, but was soon thereafter released. It’s fortunate no other motorists were on that particular stretch of road when the truck accident occurred, as these large vehicles have the potential to cause catastrophic and fatal injuries, especially if one were to hit a passenger vehicle head on in the opposing lane.

Drowsy driving is a major problem in the trucking industry, with the Large Truck Crash Causation Study, published annually by the Federal Motor Carrier Safety Administration, revealing 13 percent of all commercial motor vehicle drivers were deemed “fatigued” at the time of the collision. The FMCSA defines “fatigue” as exertion – either physical or mental – that results in impaired performance. Truck drivers are especially prone to fatigue because they often suffer from inadequate sleep, brutal work schedules and monotonous work. Continue reading

December 23, 2017

Drunk Driving Mars Holiday Festivities in Maine

by Peter Thompson & Associates

For many, getting into the holiday spirit involves downing holiday spirits. Although most can responsibly enjoy the indulgence, it’s problematic when those who imbibe get behind the wheel

Last year, nearly 800 Americans died in drunk driving crashes just in December alone last year. The National Highway Traffic Safety Administration reports nearly one-third of the 37,500 people killed in car accidents in 2016 were involved in crashes were at least one driver had a blood-alcohol concentration of 0.08 or higher.

In Maine, there were almost 500 deaths caused by drunk drivers over a recent nine-year stretch. Approximately 1.2 percent of Maine drivers surveyed admitted to driving while too impaired to do so at least once in the last 30 days. The actual number is likely much higher, as these are only self-admitted cases. The Press Herald in Portland reported earlier this year that more than 16,000 drivers in Maine have had four or more OUI convictions since 1980. More than 80,000 drivers in Maine have more than one OUI conviction. Many of these instances happen around the holidays, when people are more likely to be attending parties and gatherings where alcohol is served. Having a plan for transportation before the festivities is the best way to avoid causing a drunk driving accident. Continue reading

December 14, 2017

Black Ice Blamed in Numerous Maine Car Accidents Recently

by Peter Thompson & Associates

Black ice on the roads was cited as a factor in a number of central Maine car accidents recently, though thankfully, no serious personal injuries were reported. In a single icy morning, the dispatch center for Kennebec County and Somerset County reported 85 reports of crashes and cars that had veered off the roadway. Calls started around 3:30 a.m., and within the hour, authorities on site were informing dispatch and other emergency responders about the perilous black ice that coated Interstate 95 and surrounding areas. One official was quoted as saying the interstate “looks like a skating rink.” Officials did choose to close the Messalonskee Bridge for a time after four crashes happened back-to-back, as reported by CentralMaine.com.

Although weather certainly can be a factor in any car accident, it’s important to point out that even the worst road conditions do not relieve motorists of their duty of care to use reasonable caution in their operation of a motor vehicle. That means exercising constant vigilance when conditions are right for hazards like black ice. It means slowing to a safer speed and avoiding distractions and maintaining a safe distance from the vehicles ahead of you. Failure to do so can be grounds to assert negligence when it results in a collision.

What is Black Ice?