Maine Injury Lawyer Blog

June 28, 2013

Traffic Death Toll Rises Nationwide, NHTSA Reports

Initial statistics from the National Highway Traffic Safety Administration are that the number of traffic deaths in the U. . has risen by nearly 5.5 percent just in the last year.Unfortunately, that trend doesn’t seem as if it will be abating anytime soon.

SerioussBangor car accidents have so far been plentiful this summer.

A two-car crash around 7:45 a.m. on a Friday on Norridgewock Road resulted in injuries so severe that one woman had to be airlifted by helicopter to the nearest hospital. According to investigators, a 19-year-old female drove directly into the path of a 28-year-old female, with two young children in the vehicle with her, while traveling 55 miles-per-hour. The 19-year-old was listed in critical but stable condition.

Earlier that same day, a tractor trailer crash resulted in the death of a 23-year-old bicyclist.

The day before, a man was killed in a single-car Trenton crash after losing control of his vehicle around a sharp turn, running off the road and slamming into several sizable trees.

And in Augusta, two people were killed when a truck, driven by a Chinese national, crossed the center line and struck a vehicle in oncoming traffic. Both drivers were pronounced dead.

All of this was within a matter of just a couple days. When you start to analyze these figures, those statistics seem to hit the mark, and drive home the point: It’s getting more dangerous out there.

The NHTSA reports that there were 32,267 people who lost their lives in traffic fatalities in 2011. Initial reports from 2012 are that 34,080 people have been killed in motor vehicle crashes. If this figure holds true when the final counts are in, it will be the first annual increase in traffic fatalities this country has seen since 2004-2005. Since that year, it’s dropped about 25 percent.

The figures seem to suggest that we saw an especially dramatic spike of fatal crashes in the first quarter of last year – a 12.6 percent increase. An uptick that high hasn’t been reported since the late 1970s.

Part of the reason we’re seeing these figures climb is that more people are driving than in recent years. We saw a 0.3 percent increase in the number of vehicle miles traveled, which amounted to a total of more than 9 billion last year. That’s a direct result of a steadily improving economy. More people have jobs to drive to and from, more people can afford gas and cars, more people are ordering products and services delivered by truckers and people are more apt to take road trips and vacations than they were before.

Still, this does not give license to people to drive carelessly or under the influence or while negligently fatigued. These remain the top reasons for fatal traffic collisions, and they are all 100 percent preventable.

June 22, 2013

Rising Temps Increasing Risks for Child Heatstroke in Vehicles

by Peter Thompson & Associates

Here in Portland, we’re seeing temperatures flirt with the 80s, and that means that we all need to start paying attention to our children a little more — especially when in a motor vehicle.We’re targeting the risks for child heatstroke resulting from being left inside a vehicle. Our Portland child injury attorneys understand that there have been eight reported fatalities from these accidents already in the U. . this year. Unfortunately, many of these accidents are just that — ACCIDENTS. Even the most loving and caring parents can fall victim to these circumstances. And that’s why we’re here with some important information to help to make sure that it doesn’t happen to you.

And we’re not alone. Recently, officials with the National Highway Traffic Safety Administration (NHTSA) announced that they were teaming up with safety advocates from Safe Kids Worldwide and other various organizations for the “Where’s baby? Look before you lock.” safety campaign.

“Child heatstroke in a hot car can happen to any caregiver from any walk of life, even to the most loving and conscientious parents,” said David Strickland, NHTSA Administrator.

According to NBC News, it only takes 10 minutes for the temperature inside a vehicle to rise by 20 degrees; within 30 minutes, it can climb by 34 degrees. That means that even with our mild temps in the 70s, it will only take a matter of minutes before temperatures inside the vehicle reach deadly levels.

“This can happen to anybody,” said Janette Fennell with KidsAndCars.org.

You’ve also got to remember that a small child’s body heats up much faster than our adult bodies. So what you may not think is hot, might be a whole different story for a small child. When their body temperature exceeds 104 degrees, you’re asking or trouble. It only takes an internal temperature of 107 for them to die.

The most important thing you can do is remember to check the backseat of your vehicle before shutting it off and locking it up. Quiet, sleeping children can oftentimes be forgotten. Leave something in the front seat to help to remind you to check for children. Keep something important back there so you’re forced to go back and check before leaving.

Make sure that you teach your children that vehicles are not playgrounds. Never let them around vehicles if they’re not supervised and keep your keys out of sight and out of mind.

Share these tips with friends, family members and care providers to make sure everyone is on the same page and keeping your child’s safety as a number on priority.

If you see a child that is alone in a vehicle, call 9-1-1 right away. Try to get the child out and cooled off as quickly as possible if you can. Your intervention could wind up saving their life.

June 14, 2013

Prevent Maine Car Accident Risk on Road Trips

by Peter Thompson & Associates

The pair were apparently on their way to a beach vacation, as evidenced by the fact that emptied suitcase, piles of clothing, a beach umbrella and a cooler were strewn about the roadway.The crash, on Interstate 95 near Pittsfield, sent both occupants to the hospital, one with potentially life-threatening injuries. Maine State Police have reported that the driver was speeding when he approached a smaller-moving vehicle, swerved to the left and lost control of the vehicle, causing the car to crash.

Our Bangor personal injury lawyers know this was not the way these two intended to spend their vacation. We are thankful no other vehicles were involved, and we hope these two make a full and swift recovery.

It’s our hope that other Maine road-trippers will avoid this same fate by taking into account the recent safety advisory issued by the National Highway Traffic Safety Association.

Summer is by far the busiest travel season. Maine is a prime destination, but many locals prefer to travel out-of-state to holiday.

Everyone should of course adhere to local laws, which include refraining from speeding, driving intoxicated or texting/operating an electronic device while behind the wheel.

Drivers on road trips, though, should also take special care to provide ample travel time to account for delays (so you aren’t tempted to speed or drive aggressively), make sure you get plenty of rest (so you aren’t driving when you’re too sleepy to do so safely), have your route well-mapped out before you go and keep your vehicle in good working order.

Regarding the last item, many drivers may be unsure of exactly what they need to do to ensure a road-worthy vehicle. Use this as your vehicle safety checklist:

Keep up on your regular maintenance. This is good advice in general, but it’s especially important if you plan to take your vehicle long distances. This means you want to maintain the schedule for oil changes, tune-ups, tire rotations and battery checks. All of this will help you to avoid an unexpected breakdown, which is particularly unpleasant if you’re in an unfamiliar area far from home.

Avoid a blowout or flat tire by using the tire pressure gauge to ensure your tires are all properly inflated.

Make sure all the belts and hoses under the hood are in decent shape, with no signs of serious wear and tear. Bear in mind that summer heat can accelerate the rate at which hoses and rubber belts degrade.

Swap out your wipers, if you haven’t done so in a while. Clear vision is critical in a road trip, and blades that are old won’t offer you that. This is a cheap fix that can literally be a life-saver.

Make sure all your lights are working properly. This includes not just your headlights, but your brake lights, your emergency flashers, your turn signals and your interior lights. For those in an RV or trailing a boat, check the trailer lights as well.

June 7, 2013

Maine Boating, Pool Injuries Spike in the Summer Time

by Peter Thompson & Associates

Last year, the number of boating-related deaths in Maine was on par with those in Florida, a state that is more populous, surrounded by more water and where the season isn’t hampered by weather.Our boating accident lawyers understand that in the last five years, 43 peopleshave been killed in 39 separate boating crashes in Maine. The total number of accidents during that same time frame was 206, meaning that 20 percent of all boating accidents result in death.

Compare that to other high-boating states: In Minnesota, the percentage is 18 percent; In Florida, it’s 9 percent; In New York, it’s 14 percent.

Every day in this country, someone is injured or dies in a boating accident every 2.5 hours. In Maine, the summer season means we’ll see a spike of these occurrences.

The same can be said for pool-related injuries and deaths. The Maine Department of Health and Human Services reports that approximately 30 people in the state die each year of accidental drowning. Nationwide, it’s the No. 1 cause of death for children between the ages of 1 and 4. More than half of all drowning victims are under the age of 5.

With regard to boating accidents, the one good bit of news is that almost all states now have laws that bar operation of a vessel if one is intoxicated or has a blood-alcohol content of 0.08 percent or more. Georgia recently reduced its legal BAC from 0.10 to 0.08 percent. The only other states that remain at the 0.10 BAC legal limit for boaters are Michigan, North Dakota and Wyoming – and the latter two are land-locked.

Last year, the U. . Coast Guard reported that alcohol was a factor in some 17 percent of the more than 650 boating deaths nationally. That was a slight increase from what we saw the year before, when alcohol accounted for 16 percent.

A former longtime Maine Marine Patrol officer, now the director of law enforcement for the National Association of State Boating Law Administrators, was quoted by USA Today as saying that law enforcement reaction to those who are boating while drunk has shifted. It used to be, he said, that intoxicated boaters were simply given a warning and told to go home. Now, he says, if a person is over the legal limit, he or she will be arrested.

That’s one piece of the puzzle – but it’s not everything. The NASBLA reports that in addition to alcohol consumption, other leading factors of boating fatalities are:

Operator inexperience;
Operator inattention;
Excessive Speed;
Improper loading;
Overloading.

All of these scenarios are preventable.

The same can be said of child drowning. While an incredibly tragic situation, it’s almost always preventable. An excellent article recently published by Slate.com discusses the deceptively quiet nature of drowning, and how you can potentially spot it while occurring (it’s not as easy as you might think).

As for prevention, the National Drowning Prevention Alliance recommends the following:

Always know where your children are. Never leave a child unattended in or near water in a pool, bathtub, lake, canal, ocean or even buckets, aquariums or kiddie pools.
Always take note of any potential dangers in your environment, particularly if you are visiting a home or other place with a pool, spa or pond.
Instruct caregivers or babysitters about the potential hazards of a pool and stress the need for constant barriers and supervision.
If a child does go missing, always check the spa or pool first, as seconds can be crucial.

May 23, 2013

Eliminating Risks for a Memorial Day Weekend Traffic Accident

by Peter Thompson & Associates

Whether you’re from here, or you are up visiting for the holiday, all drivers are asked to be safe out there as our roadways will be packed with long-weekend, Memorial Day vacationers.

Our Portland car accidents attorneys are asking you to take a few precautionary steps to make sure that your holiday travel runs smoothly. We’re here with officials from the Maine Department of Transportation (MaineDOT) to offer you some tips to make sure that your vehicle is ready for the haul. Avoiding breakdowns is one of the most beneficial ways to prevent a roadside accident.Here are some reminder tips for a safe trip:

-Take a look under your hood and make sure that all of the fluid levels are topped off. This includes your windshield wiper fluid, brake fluid, coolant and oil.

-Make sure that all of your tires are properly inflated and that the tread is not too worn.

-Before heading out, it’s a good idea to check the www.511maine.gov website for the latest travel conditions. Plan out your route before starting up the car. It will help you to stay off of busy roadways.

-Are there any repairs you’ve been putting off?sNow is the time to do it. Don’t take the chance.

-Check your blinkers, taillights, headlights and side marker lights. You want other vehicles to know where you’re going and when you’re going there. Predictability is a good way to help to prevent an accident.

-Are your windshield wipers working efficiently?s

-Have you packed your vehicle so that your visibility is not hindered?sIf your luggage is stored on the roof, make sure it’s secure.

The Memorial Day holiday weekend is not only the kick off to our summer travel season, but it’s also one of the most dangerous weekends to be behind the wheel. According to the National Safety Council (NSC), there will be more than 405 people who will be killed on our roadways during this holiday weekend. Officials also predict that nearly 44,000 people will be injured in traffic accidents during this time.

One of the most important things that you can do to help protect yourself is to buckle up during each and every car ride. Seat belts are your best bet against the risk of injury or death in the event of a traffic accident. Make sure everyone in your vehicle is buckled in every time.

Consider this your reminder to get your vehicle checked out, make sure you’re ready for anything the roadway as to throw your way, you’re prepared for the traffic and congested conditions and you plan for your trip in advance. Preparation is the best way to help eliminate your risks for an accident. Stay safe out there and enjoy the holiday weekend.

May 22, 2013

Traffic Collision Reduction Goal of Federal Infotainment Guidelines

by Peter Thompson & Associates

Federal regulators are hoping to reduce the number of car accident injuries in Maine and throughout the country by introducing auto manufacturer guidelines on infotainment centers that will hopefully cut down on driver distractions.Bangor car accident lawyers know that distraction is one of the top causes of serious and fatal crashes, and one of the driving forces are the electronics that are built into our vehicles. These include navigation features, Facebook access, digital music databases, internal WiFi, in-dash voice-activated calling and rear-view camera systems.

When they’re at their best, these devices can serve to reduce distraction levels by limiting the amount of attention we pay to handheld devices. But the National Highway Traffic Safety Administration says that too often, these high-tech offerings are in themselves becoming a distraction. That’s why the administration is requesting a voluntary adoption that would restrict systems that requires drivers to push buttons or otherwise manually input information into the built-in systems while the vehicle is moving. Preferably, those systems would be voice-activated.

The ultimate goal with the new rules would be to ensure drivers aren’t taking their eyes off the road for intervals greater than two seconds. Aside from quick glances, the administration holds that no task should consume more than 12 seconds.

Even that, we believe, is really pushing it. A vehicle traveling 55 miles per hour for 12 seconds will cover about 1,000 feet. That is nearly three football fields in length. There is a lot of damage one can do in the span of three football fields while traveling at 55 miles per hour.

A recent study showed that text messaging typically required drivers to tear their eyes from the road for an average of 24 seconds, tripling and sometimes quadrupling the risk of an accident.

The guidelines presented by the NHTSA are based on those that were drawn up by the Alliance of Automobile Manufacturers, which pledged support to the goal of reducing distracted driving.

Still, it could be several years before the new measures are fully adopted and integrated. The agency said it did explore making the guidelines mandatory, but said it would require more study to determine whether compliance could be uniformly evaluated.

However, some manufacturers may be ahead of the curve. Honda, for example, hasn’t allowed addresses to be typed into navigation systems of moving vehicles since last year. BMW doesn’t allow video displays in moving vehicles, though it does allow data to be input manually.

So far, the NHTSA hasn’t indicated there would be any penalty for auto makers that don’t comply, to the dismay of the Consumers Union, which is the advocacy division of Consumer Reports. However, the potential for liability in civil litigation could be enough to prod them into action. If a personal injury attorney could prove that a driver crashed while operating a navigation system in a moving vehicle in a newer model after the guidelines were recommended, that could be grounds for manufacturer liability.

May 12, 2013

Maine Texting Ban May Not Be Well-Enforced, Report Says

by Peter Thompson & Associates

The rush to implement texting-while-driving bans in recent years was viewed as a rush to save lives.But the truth is, such legislative actions do very little if the resulting laws aren’t actively enforced.

Unfortunately, as our Bangor car accident lawyers understand it, very few states appear to have made enforcement a priority.

USA Today reports that while 39 states (including Maine) plus the District of Columbia have enacted driver texting bans since Washington state became the first in 2007, not many law enforcement agencies seem to be taking it all that seriously.

For example, in Tennessee from the beginning of 2010 through April 25 of this year, state troopers reported issuing fewer than 950 texting-while-driving citations. That’s about 24 every month, or fewer than one a day – in the entire state.

In Louisiana, there have been fewer than 1,100 tickets issued since the law passed in mid-2008, meaning troopers have issued less than 18 a month there.

Several states, including Maine, don’t have up-to-date citation information because many agencies don’t even track it.

Maine passed its law in 2011. The law bars texting behind the wheel for all motorists, and it also prohibits cell phone use – both hands-free and handheld – for new drivers under the age of 18. It is also against the law to drive while distracted in this state.

These are primary enforcement measures, which means an officer has the ability to pull you over solely for committing a texting or cell-phone infraction.

But it’s unclear how often police here are doing so. Based on the information that is available in other states with similar laws, it doesn’t look promising. It’s quite troubling when you consider that for some teens especially, the prospect of a ticket is often scarier than the seemingly unreal possibility of death or serious injury.

A number of recent studies have found that drivers know texting while driving is dangerous, but many continue to do it anyway. One of those studies was the AAA Foundation’s Traffic Safety Culture Index for 2012. In that analysis, researchers found that while more than 80 percent of drivers perceived texting and driving as a serious threat to personal safety, approximately 35 percent admitted having done so within the last 30 days.

A representative with the National Organizations for Youth Safety was quoted as saying that regular, consistent enforcement of the laws that are already in place are critical to ensuring they are effective in their intended purpose – which is to significantly drive down the number of distracted driving deaths and injuries.

Officers said in their defense that nabbing a texting driver is not always easy, as many people are working harder to conceal it by holding the phone down lower, so it’s not easily visible to police or other passing motorists. Many agencies said they are working on policies and tactics that will help them to become more effective in this regard.

The one bit of encouraging news we have from those states that have reported figures is that the number of citations appears to have climbed steadily with each year following the passage of the law.

May 6, 2013

Maine Workplace Safety Violations Result in $80K Proposed Penalties

by Peter Thompson & Associates

A sawmill company in southern Maine is facing nearly $80,000 in potential fines from the Occupational Safety & Health Administration, following a host of workplace safety violations noted by inspectors.Our Bangor personal injury lawyers understand the inspection by federal authorities took place back in December. The three repeat violations account for nearly 70 percent of the entire fine amount.

It is truly a wonder that no one was seriously hurt. The potential is certainly still there if the Jefferson-based firm doesn’t clean up its act.

According to OSHA records, the company’s repeat violations include:

Failing to use energy control procedures that would prevent workers from being struck by a logging carriage;
Failing to post warning signs and barriers that would bar entry to the logging carriage path;
Lack of guardrails along elevated walkways.

These same violations were noted at the same firm during an inspection back in 2009. A repeat violation is one in which the firm has been cited by the company for the same offense within the last five years.

OSHA said that these particular offenses left workers vulnerable to a dangerous fall or even being hit by heavy machinery. The employer knew this was a problem because it had been cited before – and still failed to take corrective action.

The firm was additionally cited for four serious violations:

Use of an industrial truck that had a defective emergency brake;
No assurance of machine guarding for prevention of worker contact with the moving parts of the grinder and saw;
Incomplete energy control procedures;
Having an extension cord underground.

Any one of these could have resulted in serious injury or possibly even death of a worker, OSHA reported. The employer either knew of this danger or it should have known. The proposed penalties for these violations are about $25,500.

The firm has two weeks to comply with the standards and pay the fines or to contest the findings.

Maine has more than 100 sawmills throughout the state, and most of them appear to take safety seriously. OSHA notes that sawmill workers are in one of the most dangerous professions. They are dealing with massive, heavy materials that are frequently at risk of rolling, sliding or falling. The equipment is also hazardous, particularly if it is not equipped with the proper safeguards. Common injuries include severed fingers, lacerations and blindness. Additionally chemicals and wood dust may contribute to respiratory diseases.

Workers may also be toiling in conditions where the terrain is uneven, rough or unstable, where there is inclement weather and isolated work sites may make health care facilities less accessible than for other occupations.

April 24, 2013

Maine Traffic Safety Watch: Prom and Graduation Most Dangerous Time of Year for Teens

by Peter Thompson & Associates

Our teens are gearing up for prom and graduation season and they’re looking forward to closing out their high school career. What they might not be thinking too much about is their safety on our roadways — especially with the dangers of drinking and driving.Our teens may not be able to legally purchase or consume alcohol, but that doesn’t mean that they can’t or they won’t. That’s why officials with Mothers Against Drunk Driving (MADD) are here to help parents and guardians to get the conversation started about safe driving and a safe prom and graduation season. It’s all a part of April’s Alcohol Awareness Month.

Our Portland accident lawyers understand that the number one cause of death for teens across the country is car accidents. USA TODAY reports that compared with a sober driver of the same age, a driver 16 to 20 years old with a blood alcohol level (BAC) of at least 0.08 percent is estimated to be more than 30 times as likely to die in a single-vehicle crash and close to 15 times as likely to be in a crash in which someone else dies.

One of the most beneficial things you can do to help to keep your teen safe, aside from talking with them regularly about roadway dangers, is to make sure you know where your teen is and who they’re with. You want to make sure you have household rules, limits and consequences for breaking these regulations. Consider talking to the parents of your teen’s friends to make sure that everyone is one the same page. You need to know what your teen does after school, at night, and on weekends and with whom they’re doing it.

It all boils down to the fact that our young ones can be reckless and impulsive. Even smart teens with a good head on their shoulders will sometimes make impulsive, poor choices. Peer pressure can overcome their good sense. That’s why it’s important to talk with your teen about different situations that they may find themselves in through prom and graduation season. Talk with them about peer pressure and how to get out of drinking without losing their cool. Practice these conversations with your teen. You’re going to want to help to make sure that they’re prepared for every situation that high school can throw at them.

Lastly, you want to make sure that you’re setting a good example for the young drivers in your family. Sometimes as parents we underestimate the importance of the example we set for our kids and think it doesn’t matter much. But there is good evidence that it does matter. With your help, we can keep our teens safe out there, through graduation and beyond.

April 20, 2013

Maine Railroad Safety Crossing a Dangerous Place for Collisions

by Peter Thompson & Associates

In the state of Maine, there are around 1,170 miles of railroad tracks. Along these tracks, Pan Am; Maine, Montreal & Atlantic Railroad; and other railroad companies carry passengers and freight. In the vast majority of situations, the trains travel uneventfully along the tracks to their destination.

In some instances, however, a train doesn’t manage to stay on the tracks. This is called derailment. Our Bangor injury attorneys know that train derailments can be a very serious problem and can result in people aboard or near to the train suffering serious injury. Fortunately, train derailments in Maine are relatively rare, although when they do occur the consequences can be disastrous.

Train Derailments in Maine
According to the Bangor Daily News , 69 trains derailed along the railroad tracks of Maine over a ten year period between January 1, 2003 and December 31, 2012.

This isn’t a lot of derailments over a decade, and the news is even better than it seems because many of the incidents happened earlier in the decade. From 2009 to 2012, for example, there were only six derailments each year, down from 11 derailments in 2006. This indicates that there is a downward and stabilizing trend when it comes to train derailments.

Also good news is the fact that many of these train derailments were relatively minor, with some small cars coming off of the track but the train and all its cars staying upright. These accidents generally occurred at very low speeds- less than 10 miles per hour- which helps to explain why little or no damage was done by the derailment.

With so few derailments and with such minor damage caused by trains going off the track, many people overestimate the risks of train accidents. The Bangor Daily News indicates that this is because derailments are often sensationalized and over-emphasized in the media, making them seem like a big deal and making them seem more newsworthy.

Train Accidents and Toxic Exposure
While the data on train accidents and damages might paint a rosy picture of railroad travel in Maine, the trains are not without problems. One of the biggest issues in recent years seems to be that the train accidents are putting people at risk due to the things that the trains are carrying.

For example, in August of 2009, 20 out of 80 train cars jumped the tracks near Gilead, a town on the New Hampshire border. One of the cars was carrying a cargo with ethanol. The car was punctured and ethanol vapors escaped the train, necessitating an evacuation of a nearby camp.

Another incident occurred when four train cars on a 31-car train fell off the tracks and into the Penobscot River, resulting in the spill of more than 400-500 gallons of nonhazardous synthetic latex chemicals used in paper making. And, more recently, a 15-car derailment occurred in March as the train was carrying crude oil through Mattawamkeag.

These recent derailments have raised concerns about the movement of crude oil and potentially dangerous substances because, while there may be few derailments, the consequences can be great if the train cars that leave the tracks result in poisons or chemicals entering the land, water or air.

Remember, train accident victims can include those hit by or hurt on a train but they can also include others who suffered illness due to toxins, property damage or any other injury arising as a direct result of the train derailment.