Maine Injury Lawyer Blog

April 14, 2011

National Distracted Driving Awareness Month to Reduce Car Accidents in Portland and Elsewhere

Our Portland car accident lawyers want to point out to motorists in Maine that they have one more thing to put on their calendars. April is National Distracted Driving Awareness Month according to a recent announcement by National Safety Council.

We frequently post on our Maine Injury Lawyer Blog about the dangers of distracted driving and how many times talking or texting on a cell phone can lead to serious or even fatal car accident in Bangor, Portland or elsewhere in the state.Following an almost unanimous vote by the U. . House of Representatives last month, the National Safety Council (NSC) and FocusDriven (an advocate group opposed to distracted driving) are announcing the inauguration of April as National Distracted Driving Awareness Month.

The resolution was brought to the House by Betsy Markey (D-CO) following the tragic death of Erica Forney who was struck and killed by a distracted driver in November 2008.

“Erica’s memory will forever live on through this resolution and help prevent other distracted driving deaths from occurring,” said Shelley Forney, Erica’s mother and founding board member of FocusDriven.

The two non-profit organizations are asking motorists to promise during the month of April to not use their cell phones while they drive. It is estimated that 1.6 million crashes occur each year because of a driver who is talking or texting on their cell phone while they are behind the wheel.

Drivers are being asked to turn off or silence their cell phones while they drive. A further precaution that can be used is to put your cell phone in the glove compartment or trunk to reduce the temptation to reply to a phone call or text alert on your cell phone while you drive. Drivers are encouraged to create a temporary voicemail which alerts callers you are driving. By letting the caller know that you can’t respond at the time, it will stop them from repeatedly leaving messages for you while you drive.

“Many drivers realize most of the calls they thought were so important, really aren’t. It is our hope drivers will decide to make the change permanently. Doing so will make our roadways safer for everyone,” said Jennifer Smith, FocusDriven president and founding board member.

Businesses are also being asked to participate in the awareness by creating and enforcing cell phone policies to protect employees. Many companies offer cell phones to their employees but few have a policy in place to discourage them from using their phone while they drive.

“National Distracted Driving Awareness Month also is the perfect opportunity for businesses to implement cell phone policies to protect employees. When businesses allow employees to conduct business on cell phones while driving, they are putting their employees at a 4 times greater risk of a crash,” said Janet Froetscher, NSC president and CEO.

Employers are encouraged to view the Cell Phone Policy Kit provided by the NSC to devise a policy that will keep your employees safe.

February 4, 2011

Super Bowl Weekend Increases risk of Car Accidents in Portland, Bangor

by Peter Thompson & Associates

Maine is a long way from Super Bowl XLV in Texas this weekend but football fans are still going to tune into the game — whether its the commercials or one last football fix your’re after,sSuper Bowl parties have become an American tradition.

However, they also increase the risk of car accidents in Portland, Bangor and elsewhere in the state.We wish you a safe and enjoyable weekend of parties, good snacks, lots of laughs, and great memories. Our Maine personal injury attorneys at Peter Thompson & Associates alsosencourage fans to drink and drive responsibly this Super Bowl Sunday.

In 2009, the National Highway Traffic Safety Administration reported a total of 159 total traffic fatalities in Maine. Just over a third of these fatalities occurred as a result of one driver having a BAC of .01 or higher. There were 106 traffic fatalities reported in which no BAC level was present.

Nationally, 32% of all traffic fatalities (33,808) involved an alcohol-impaired driver with a BAC of .08 or higher. An alcohol-related traffic fatality occurred on average about every 48 minutes in the U. . in 2009. The age group most at risk nationally for alcohol-related crashes is 21-24 year-olds. In this age group, 35% of the drivers in fatal crashes had a BAC over the legal limit.

“Football is one of America’s favorite pastimes, but fans can put themselves in serious danger if they don’t plan ahead,” NHTSA Administrator David Strickland said. “Whether you’re at the game or watching from a sports bar or a friend’s house, designate a sober driver before the game. And remember, Fans Don’t Let Fans Drive Drunk.”

Fans attending a Super Bowl party or watching from a restaurant or bar should practice the following suggestions:

-Before the party begins, designate the driver who will remain sober.

-If you plan to drink, leave your keys at home so there is no temptation to get behind the wheel while you are intoxicated.

-If you drink, pace yourself by not drinking too fast, alternating between non-alcoholic beverages, and stopping plenty early before you drive home.

-Place the number of a friend or cab company in your wallet who you can call if you have had too much to drink.

January 18, 2011

Skiing Accidents, School Injuries, can lead to Portland Premise Liability Claim

by Peter Thompson & Associates

A teenager from Carrabassett Valley Academy has died in a Maine skiing accident at Sugarloaf ski resort, the Boston Globe reported.

As our Portland accident attorneys reported recently on our Maine Injury Lawyer Blog, the resort was the site of a chairlift malfunction that injured numerous guests late last month.In this case, Channel 8 News reports the school was quick to announce the high-school junior was skiing on his own time and was not participating in a school activity at the time of the crash. Police say he died after skiing into an object on Black Diamond Trail.

The National Ski Areas Association reports an average of 38 people are killed each year in skiing and snowboarding accidents. Countless others are injured. It is incumbent upon business owners to provide a safe and secure environment for customers and invited guests. Faulty equipment, poor maintenance, hazardous conditions or lack of safety or emergency personnel could all result in liability on the part of a resort.

Schools also have an obligation to provide for the safety of students, whether on school property or at a school sanctioned field trip or event. Examples of school-related accidents that can lead to a personal injury or wrongful death claim include premise liability claims, school bus accidents, sporting accidents, negligent security and assault or abuse.

January 5, 2011

Man injured in three-vehicle crash in Lisbon

by Peter Thompson & Associates

As reported in the Sun Journal on January 5, 2011

LISBON — A local driver was seriously injured when his car was hit head-on on Route 196 in Lisbon Center shortly after 5 p.m. Tuesday, police said.

Lisbon police Sgt. Scott Stewart identified the drivers as John Tobin, 62, Diane Smith, 46, and Adam Gamage, 31, all of Lisbon.

December 28, 2010

Sugarloaf chair lift derails injuring, stranding skiiers

by Peter Thompson & Associates

As reported in the Portland Press Herald on December 28, 2010

CARRABASSETT VALLEY — A chair lift derailed in high winds at Maine’s tallest ski mountain Tuesday, sending screaming skiers plummeting as far as 30 feet to the slope below and injuring several of them.

The Sugarloaf resort in Carrabassett Valley, about 120 miles north of Portland, said about six people were injured when five chairs fell an estimated 25 to 30 feet. The resort’s ski patrol evacuated the lift, which had passed an inspection.

December 20, 2010

RSU13 van totaled, man knocked out in early morning crash in Thomaston

by Peter Thompson & Associates

As reported in the Bangor Daily News on December 17, 2010

THOMASTON, Maine — A man was injured in a collision between a minivan and pickup truck Friday morning on Route 1 near the Lowe’s store.

At about 7:30 a.m., Kenneth Elwell Sr., 66, who was driving a Regional School Unit 13 van, pulled out of a feed store and in front of a pickup truck heading north in the turning lane on Route 1, police said.

December 20, 2010

Holiday Driving Safety

by Peter Thompson & Associates

The holidays can be a perfect storm of opportunity for motor vehicle accidents. Often, the weather creates poor road and driving conditions. People are in a rush to get from place to place. Alcoholic beverages are often part of celebrations.

This week, the National Highway Safety Transportation Administration issued a press release kicking off the agency’s annual crackdown on holiday drunk driving. Secretary Ray Lahood encouraged local enforcement agencies to adopt the tough “No Refusal” enforcement strategy. States employing this policy allow officers to obtain quick warrants from judges for blood tests when a breathalyzer is refused. According to the Secretary “Drunk driving remains a leading cause of death and injury on our roadways . . . I applaud the efforts of the law enforcement officials who have pioneered the ‘No Refusal’ approach to get drunk drivers off our roads. And I urge other states to adopt this approach to make sure that drunk drivers can’t skirt the law and are held accountable.”

This holiday season, remember to drive safely and soberly. If you have been injured in an accident with an impaired driver, and have questions, contact the team at Peter Thompson and Associates. We have handled thousands of similar claims and recovered millions of dollars for our clients. For a consultation call 1-800-917-1784 or read more on our website, www.Peter-Thompson-Associates.com, on our car accident practice page.

December 15, 2010

Mother and daughter killed in crash on Bailey Road in Knox

by Peter Thompson & Associates

As reported in the Portland Press Herald on December 15, 2010

” . . .

A Subaru Outback driven by Laura Breault, 48, of Knox, was heading east toward Brooks. Breault was taking her 15-year-old daughter, Jessica, to school, Keating said.

December 14, 2010

Seatbelt safety and usage

by Peter Thompson & Associates

For many years, Maine law has required anyone in a vehicle that is required to have seatbelts, to wear a setbelt. (29-A M.R. .A §2081)There are also more specific safety restraint rules for children.

A study done of crashes which occured in 1996 in Maine concluded that ” . . . unbelted occupants were 2.8 times more likely to be hospitalized or die with a head injury than those belted.” (As reported by the Maine Bureau of Highway Safety). However, the statute specifically states that failing to use your seatbelt is not admissible evidence in any civil or criminal trial. Therefore, while it is clear that you should be belted when you are in a vehicle, the fact that you were not wearing your seatbelt during an accident is irrelevant. It cannot be used as eveidence, even if the other driver could prove you would not have been injured if you had your seatbelt on.

Some states do not have this rule. Therefore, some insurance adjusters may tell injured parties their claims are worth less because they didn’t buckle up. If you or someone you know has been injured in an accident in while unbelted and has questions about the law, contact the team at Peter Thompson and Associates. We have handled thousands of similar claims and recovered millions of dollars for our clients. For a consultation call 1-800-917-1784 or read more on our website, www.Peter-Thompson-Associates.com, on our car accident practice page.

December 9, 2010

Augusta man dead after being run over by garbage truck

by Peter Thompson & Associates

As reported in the Kennebec Journal on December 9, 2010

AUGUSTA — A man was killed by a garbage truck early Wednesday morning on Sewall Street.

Augusta police Sgt. Mark Desjardin said Gary Astbury, 57, who lived on Sewall Street, died when he was struck by a Riverside Disposal truck. The call came in at 6:50 a.m., he said.