Maine Injury Lawyer Blog

December 7, 2010

‘Superdrunk’ law in Michigan may be model for Maine

As reported in the Bangor Daily News on December 5, 2010, (full article text here) the coming session of Maine’s legislature is expected to take up discussion of Maine’s law against operating under the influence.

Recently in Michigan what is known as a “superdrunk” law took effect. The law increases the penalties for first-time offenders driving while more than twice the legal limit (currently 0.08 in Maine), or at a blood alcohol content of 0.17 or more. According to the report,

“[i]n 2009 there were 8,203 OUI arrests in Maine, according to the secretary of state’s office. That is nearly one arrest an hour every day all year. There were 1,496 arrests with drivers with over 0.19 percent blood alcohol content and 452 with over 0.25 percent blood alcohol content”.

November 28, 2010

Deering High graduate dies in crash in Massachusetts

by Peter Thompson & Associates

Reported in the Portland Press Herald on November 26, 2010

A 27-year-old Portland native was killed early Thursday morning in a two-car crash in Massachusetts in which one of the drivers has been charged with motor vehicle homicide while drunk, according to police.

Raina Jensen was a back-seat passenger in a 2002 Nissan Altima traveling in Wilbraham, Mass., when it was struck by a 2000 Jeep Grand Cherokee driven by Joshua Lacroix, 24, of Ware, Mass.

November 26, 2010

National Transportation Safety Board hosts forum on aging drivers

by Peter Thompson & Associates

On November 9 and 10th, the National Transportation Safety Board hosted a forum to discuss issues relating to highway safety and our aging population. A webcast is archived on the N.T. .B website.

An interview with Deborah Hersman, chairwoman of the N.T. .B., was published on November 17th, 2010 in The New York Times blog “The New Old Age”, (see full article here). The forum revealed that recent statistics have surprised researchers. For example, while the number of fatalities has dropped across the board, drivers over 70 have had an even higher drop in the rate of fatal crashes. People are living longer and are also healthier as they age. Ms. Hersman concludes that age alone is not a sufficient factor for determining continuing eligibility to drive, but that states need to consider alternatives such as additional testing or shortened periods before renewal of a license.

Maine considers a driver elderly when he or she is over 65 years of age. The DOT has published resources to assist residents who are dealing with the issue of aging and driving on their website.

November 24, 2010

Two Men Die in Bangor Accident

by Peter Thompson & Associates

Reported in the Bangor Daily News on November 16, 2010

An accident on outer Essex Street claimed the lives of two men Tuesday.

Police say the car they were riding in struck a tree and both victims were ejected from the vehicle.

November 21, 2010

Teen Drivers

by Peter Thompson & Associates

A recent post to this blog was about a tragic accident which killed two teenage girls. Such news makes one consider teen and inexperienced drivers. According to the Centers for Disease Control, more teens are killed every year by car accidents than by any other cause. In Maine, the statistics are equally disturbing. According to the Secretary of State,

“•Nearly one young driver is killed each week in Maine;

•More than 60 young drivers are injured each week in Maine;

November 19, 2010

Personal injury cases and medical privacy

by Peter Thompson & Associates

By making a personal injury claim, you are asking the insurance company for the person who caused your injuries to pay you for your damages. In the most generous view of insurance companies, in order to fairly compensate you, the will need to do a full invesitigation of your claim. Of course, we normally see that this investigation is not as impartial as it should be. Nevertheless, when you make a claim, you open a window into parts of your life you would ordinarily consider private.

One example is your medical history. For instance, if you are claiming that you have an injury to the muscles in your neck, it makes sense for the insurance company to verify that you weren’t treating for the same thing before the accident. Obviously, they are not required to pay you to get physical therapy for your neck if it was necessitated by a prior, chronic neck problem. There is no way to know if you had a prior neck problem without examining your medical history.

The analysis of what information the insurance company is entitled to review really comes down to what they may receive should your case enter litgation, and further, what they would be allowed to present to a jury. The scope is extremely broad. However, in some circumstances, items that could in no way be related to an auto accident, or would not be allowed into evidence in a trial, can be withheld.

November 16, 2010

52 year old motorcycle driver killed in collision on Congress Street in Portland

by Peter Thompson & Associates

Reported in the Portland Press Herald, November 16, 2010

PORTLAND — The man killed in a motorcycle crash this morning has been identified as Douglas Starbird, 52, of Oxford.

Starbird was driving on Skyway Drive toward Outer Congress Street, headed in the same direction as an Atlas Van Lines moving truck, when he collided with the side of the truck, then hit the pavement.

November 10, 2010

Driver and passengers killed in crash on Barnestown Road in Hope

by Peter Thompson & Associates

Reported in the Portland Press Herald on Tuesday November 9, 2010

The 21-year-old driver of a pickup and his two teenage passengers are dead followng a crash in the midcoast town of Hope Monday night.

State Police say Daniel Dodge II, of Hope, died as did his passengers Misti Leach, 14 of South Thomaston and Katie Kelly, 17 of Rockland.

November 4, 2010

Winter Weather Driving Tips

by Peter Thompson & Associates

As the weather turns colder and winter storms approach, it is a good time to refresh our memory with winter driving tips. As the saying goes “first is worst” meaning the first storm is always the most dangerous on the roads because we are out of practice driving in stormy conditions. Taking a little time to prepare our vehicles and review driving safety measures are good steps toward preventing accidents and injuries.

The guys at Car Talk have listed their recommendations for winterizing your car on their website.

While driving, keep in mind that stopping distance on snow and ice can be longer than on dry pavement. Avoid tailgating. Budget extra time to get to your destination so that you aren’t tempted to go faster than is safe. Distracted driving is always a hazard, but in particular in bad weather, focus on driving. Don’t talk on your phone, put on your makeup, or play with the radio. For more tips, the Maine Secretary of State’s office has publised advice on driving in ice and snow on their website.

November 4, 2010

Frenchville man’s condition critical after ATV crash

by Peter Thompson & Associates

Reported in the Bangor Daily News, November 1, 2010

FRENCHVILLE, Maine — A 24-year-old man who was seriously injured in an all-terrain vehicle accident Sunday was listed in critical condition at a Bangor hospital on Monday.

Robert Tardiff of Frenchville was flown by LifeFlight to Eastern Maine Medical Center after the accident, which occurred about 2:10 p.m. Sunday on Paradis Lane in Frenchville, Sgt. Forrest Dudley of the Aroostook County Sheriff’s Department said Monday.