Maine Injury Lawyer Blog

June 11, 2014

Maine Traffic Accidents & Risk of Higher Speed Limits

In recent weeks, a 21-year-old died after crashing into a tree in Frankfort. Around the same time, a 48-year-old New Harbor man was killed in a Damariscotta crash after losing control of the vehicle and veering off the road. There was also the crash in St. Francis, where a car rolled over and caught fire after the driver lost control.

Bangor car accident lawyers know that every one of these crashes had one thing in common: excessive speed. This isn’t especially surprising, considering the National Safety Council’s indicates high speeds or traveling too fast for conditions is a factor in one out of every three crashes in this country.

And yet, Maine’s Transportation Commissioner has announced the approval of a plan to raise the speed limit on large swaths of interstate highway system. Patches of Interstate 395, Interstate 95 and Interstate 295 are going to see a 5-mph boost in speed limits. Some motorists may already have noted the new signage along some of these areas.

June 1, 2014

Father Sues Bangor, Taser Maker, For Son’s Death

by Peter Thompson & Associates

A man whose son died soon after Bangor police officers used a Taser on him in an effort to wrangle him into custody has filed a lawsuit, naming not only the city police, alleging unnecessary force, but also the maker of the device, asserting the product is inherently dangerous.

The case of McCue v. City of Bangor et al has been filed in Maine’s U.S. District Court, with the father seeking $6.5 million in damages.

Bangor wrongful death lawyers know that in-custody deaths are often the result of violence, improper use of restraint or failure on the part of the institution to have the proper policies or protections in place. This claim is somewhat unique in that it incorporates a product liability claim as well.

May 19, 2014

Maine Supreme Court Rules on Child Lead Poisoning Lawsuit

by Peter Thompson & Associates

When three young children and their parents were exposed to toxic lead in their rented Maine home, they sought compensation through the courts.

After being denied a jury trial on some of the negligence complaints raised, the family lost the remaining claims at trial.

But now, the Maine Supreme Court has found clear errors in the way the trial court handed the case, ruling that the burden of proof was unfairly shifted to the plaintiffs. The victims will now have the opportunity to seek a new trial in the case of Bratton v. McDonough.

May 12, 2014

Maine Motorcycle Accidents Rise a Spring Risk

by Peter Thompson & Associates

As we thaw from a frigid winter season, motorcycle enthusiasts are eager to ride.

The problem is as they emerge from their winter hibernation, car and truck drivers aren’t used to watching out for them. Motorcyclists must drive defensively, or risk a potential crash. Bangor motorcycle injury lawyers note several such incidents recently in the state.

One crash resulted in the death of a 30-year-old motorcyclist in Bath who was struck by a car when the 46-year-old driver turned left. Authorities are still investigating, and have yet to assign fault, though they don’t believe alcohol was a factor.

April 18, 2014

Maine Supreme Court Takes on Underinsured Motorist Coverage

by Peter Thompson & Associates

The Maine Supreme Judicial Court recently sided with the parents of a 16-year-old killed in a 2009 car accident, allowing them to move forward in their quest for underinsured motorist benefits.

The core issue was the content of a verbal agreement that took place when the teen initiated the purchase of a $900 truck from a private owner, less than two weeks before he was involved in a fatal crash in that truck. His parents subsequently sought underinsured motorist coverage from three separate insurance companies.

Bangor car accident attorneys know that the issue of uninsured and underinsured motorist coverage in Maine is one that has vexed many car accident victims. The whole point of these statutes is to ensure that the victim can recover as he would have had the at-fault party been insured to the same extent as the injured party.

April 7, 2014

Inclement Weather Continues to Affect Maine Drivers

by Peter Thompson & Associates

Two young drivers collided with on another recently on an icy road in Calais, about two hours northeast of Bangor.

Both drivers suffered injuries, but thankfully survived. This might not have been very noteworthy, but for the fact that the two turned out to be siblings – an 18-year-old high school senior and her 20-year-old brother. She had been on her way to a cashier job, while he was returning home.

Our Bangor car accident attorneys understand that the crash, on U.S. 1, occurred in large part due to the snowy, slushy conditions that rendered the roads slick. She crossed the center line in her Pontiac Grand Prix and slammed into her brother’s Dodge Ram pickup truck. The sister would later relay to a reporter that when she stepped out of the vehicle, she had trouble walking because the roads were so icy.

March 26, 2014

Deadly Teen Crash in Maine Has Investigators Searching for Clues

by Peter Thompson & Associates

Sheriff’s deputies in Warren know this much: An 18-year-old driver’s pickup truck crossed the center line of Route 1 shortly before 7:30 a.m., slamming head-on into a sport utility vehicle driven by a 38-year-old woman.

The SUV driver was killed instantly. Her 18-year-old son and his 18-year-old girlfriend were seriously injured.

The driver of the pickup? Investigators say he was also seriously hurt, and has no recollection of the crash. Authorities have concluded texting did not play a role, but they aren’t sure what did. Given that it was so early in the morning on a weekday, alcohol wasn’t likely involved either, but toxicity reports are still pending.

March 12, 2014

Reducing Portland Traffic Injuries Goal of Funding Push

by Peter Thompson & Associates

It was shortly after 5:30 p.m. when a 74-year-old Bangor man was struck by a tractor-trailer as he crossed the street, headed to an early evening Sunday service in Brewer.

The man suffered critical injuries as a result of the impact, which rendered him unconscious, though he continued to breathe and maintained a heartbeat in the immediate aftermath. Large gashes to his head, knees and elbows were visible to first-responders.

It’s accidents like this that Portland officials are looking to combat with a bid for some $10 million in transportation funding for projects to revamp city streets, intersections and pedestrian pathways. These projects would ideally incorporate smart road designs that would make them safer for everyone who travels in the area.

March 5, 2014

Estate of Boulier v. Presque Isle Nursing Home – Maine Nursing Home Falls

by Peter Thompson & Associates

The elderly are more susceptible to injury-causing falls, which is why nursing homes and other assisted care facilities have a duty to ensure that preventative measures are in place and that proper treatment is offered should one occur.

However, our Bangor wrongful death lawyers recognize that it is not enough in a civil trial to prove liability simply by showing that an injurious fall occurred while a patient was in the defendant nursing home’s care.
In these cases, what must be proven under the Maine Health Security Act is professional negligence. The recent case of Estate of Boulier v. Presque Isle Nursing Home, reviewed on appeal by the Maine Supreme Judicial Court, reveals how this threshold of proof can be difficult to meet – underscoring why you must trust your case to an experienced attorney.

February 22, 2014

Maine Snowmobile Accidents Spur State Warden’s Warning

by Peter Thompson & Associates

A spate of Maine snowmobile injuries – and two crashes resulting in deaths – have prompted the state warden service to issue a formal warning urging caution, adherence to safety practices and a plea to slow down.

According to the Bangor Daily News, at least eight serious snowmobile crashes occurred in a single weekend, resulting in numerous injuries – including those sustained by an 8-year-old boy.

Primarily, authorities say, these crashes involved either inexperienced drivers or drivers who were traveling at excessive speeds. The crash involving the 8-year-old boy occurred while his grandfather was driving the vehicle. In Athens, a 15-year-old boy suffered a head injury when he was thrown from a snowmobile driven by a friend. Several others suffered broken legs or other fractures.