Maine Injury Lawyer Blog

April 11, 2023

Robbery Leads to Maine Car Accident

Sometimes, car accidents can occur under highly unusual circumstances. As a recent news article reported, two robbery suspects crashed their vehicle while fleeing from police in North Jay, Maine. After arriving at the scene of a robbery, local police stopped the suspects’ car. The car briefly pulled over before driving off, prompting a police chase along the highway. The chase ended when the suspects’ car crashed at the intersection of Routes 17 and 4. The suspects endured serious injuries and were transported to the hospital. State police are now investigating the crash.

How Does Maine Apportion Fault Among Multiple Defendants?

Like the two robbery suspects who fled police, sometimes more than one person may be responsible for a plaintiff’s injuries. Maine does not limit a plaintiff to naming one defendant in a lawsuit. Instead, a plaintiff can sue multiple defendants for the same injury. When assigning fault among multiple defendants, Maine follows joint and several liability. Under this theory of recovery, a plaintiff can recover the full damages amount they are seeking against each defendant, provided that a judge or jury finds all defendants liable. However, Maine also takes the plaintiff’s degree of fault into account. A plaintiff can still recover damages if they were at fault, but the law reduces the plaintiff’s damages award based on their degree of fault. For example, a plaintiff who is 20% at fault will receive a 20% reduction in their damages award. However, if a plaintiff was equally at fault or greater, they cannot recover any damages.

What Are the Penalties for Fleeing from Police?

In Maine, refusing to stop after an officer signals you to pull over is a Class E crime, the least serious type of offense. This type of crime is punishable by up to six months in prison and a $1,000 fine. However, fleeing from an officer by driving recklessly and inciting a high-speed chase is a Class C felony. Class C felonies are punishable by up to 5 years in prison and a fine of $5,000. Additionally, if suspects fleeing from police cause an accident with another driver, that driver may bring a personal injury lawsuit. As a result of that civil lawsuit, the suspects may also owe the injured driver monetary damages.

April 4, 2023

Criminal and Civil Penalties in Maine Hit-and-Run Accidents

by Peter Thompson & Associates

When a driver commits a hit-and-run accident, they leave an injured victim completely helpless. If the driver fails to contact emergency personnel to assist the victim, they may worsen the victim’s condition and cause further harm. Too often, the injuries resulting from a hit-and-run would have been preventable, or at least less severe, had the driver who caused the accident contacted police and emergency medical personnel. When a driver fails to take these steps, they may suffer consequences under both criminal and civil law.

As a recent news article reported, police arrested a man involved in a Maine hit-and-run that left one woman seriously injured. Police discovered the hit-and-run accident when they arrived at the scene to find a pedestrian lying injured near the road. She was transported to the hospital to treat her serious injuries. According to local police, the suspect allegedly contacted emergency services for the pedestrian. However, he allegedly lied to law enforcement and emergency personnel about his involvement in the hit-and-run. Eventually, police arrested this driver and charged him with failing to report an accident involving personal injury.

What Are the Civil and Criminal Penalties for a Maine Hit-and-Run Accident?

When a person commits a Maine hit-and-run, they may have to pay both criminal fines and civil damages. Under Maine law, if an accident results in property damage, the drivers must immediately stop and return to the scene of the accident. If an accident causes bodily injury, death, or significant property damage, the responsible driver must report the accident to state or local police. Failure to take these steps constitutes a Class E felony, which carries up to six months in prison time and a $1,000 fine.

March 31, 2023

Staying Safe in to Maine Avoid Motorcycle Accidents

by Peter Thompson & Associates

Motorcycle riders notoriously suffer high rates of serious injury and fatality in traffic accidents. According to the National Highway Traffic Safety Administration (NHTSA), 5,579 motorcyclists died from traffic accidents in 2020. Given these significant safety risks, motorcycle riders and drivers alike should take extra precautions to minimize the risk of an accident.

For example, a recent news article reported that a motorcycle accident in Brunswick, Maine left a motorcycle rider in serious condition. The accident occurred as the motorcyclist was riding northbound when he collided with the side of a pickup truck turning onto an intersecting road. Despite wearing a helmet, the motorcycle rider suffered serious injuries and was transported to the hospital for treatment. Authorities are continuing to investigate the cause of the crash.

How Can You Stay Safe When Riding a Motorcycle?

Though motorcycles are a dangerous form of travel, the NHTSA has recommended several tips for drivers and motorcycle riders alike to minimize the risk of an accident. First, before even getting on the road, motorcycle riders should make sure they understand how to operate a motorcycle safely. In addition to required motorcycle licensing tests, riders should practice riding a new motorcycle. Motorcycle riders can practice in a parking lot or around the neighborhood before riding on the road. Additionally, even experienced motorcycle riders may struggle when faced with rough terrain, slippery roads, or potholes. To be prepared for any road conditions they may encounter, riders should learn how to operate their motorcycle when dealing with inclement weather, debris, or other obstructions to the road.

March 15, 2023

Recovering Compensation for Independent Contractors in Maine Workplace Injuries

by Peter Thompson & Associates

Independent contractors are workers whom an employer contracts to perform work for someone else. For example, a roofer may form an agreement with a roofing company to fix the roof of a company client. Under these arrangements, the independent contractor is not technically an employee. Unfortunately, this means if an independent contractor suffers injuries on the job, the employer can avoid paying out workers’ compensation. Instead, an independent contractor may look to alternative routes for compensation.

As a recent news article reported, a paper mill worker suffered from several injuries after falling from a roof in Skowhegan, Maine. Officials believe the person was an independent contractor fixing a piece of equipment on top of the building’s roof. The local fire department assisted with rescuing the person, who was transported to the hospital for multiple injuries. The accident comes on the heels of another subcontractor’s tragic death in the same town. The subcontractor was working at a different mill when he suddenly collapsed.

Can Independent Contractors Recover Workers’ Compensation?

If independent contractors suffer injuries on the job, they generally cannot recover workers’ compensation against the entity that contracted them for the job. Independent contractors must have workers’ compensation insurance for any employees they hire, but independent contractors themselves often do not receive workers’ compensation. Maine law presumes all workers are employees for workers’ compensation purposes. However, employers can escape that presumption by proving their workers are independent contractors who will not receive workers’ compensation for injuries on the job. Unfortunately, this arrangement is all too common. Employers save money by avoiding workers’ compensation insurance and payouts, leaving their workers with no recourse if they suffer injuries that impede their ability to earn a living. However, independent contractors can recover workers’ compensation if they can show the employer misclassified them as independent contractors rather than an employees.

March 15, 2023

Minor Injured in Maine Bike Accident

by Peter Thompson & Associates

Bike accidents, particularly collisions with a vehicle, are especially hazardous. Compared to cars and trucks, bicycles lack the same protections in the event of an accident. Additionally, the sheer force of a vehicle collision is often too great for a bicycle to withstand. As a result, cyclists who collide with a car often suffer devastating injuries. These harms are even more pronounced when the victim is a child.

For example, a 15-year-old girl on a bicycle suffered injuries after a car accident in Sanford, Maine. The girl was riding her bicycle when a car struck her. When emergency personnel arrived at the scene, the girl was trapped under the car. She was transported to the hospital in critical condition. The cause of the crash remains under investigation.

What Are the Top Causes of Maine Bicycle Accidents?

March 10, 2023

Passenger Killed in Recent Maine Car Accident

by Peter Thompson & Associates

Unfortunately, many car accidents can lead to severe injuries or fatalities. Too often, if a driver speeds or operates their vehicle carelessly, it is the passenger who suffers the consequences. When a passenger dies in a car accident, the deceased’s family may wish to seek justice for their loved one. While no amount of money will bring a loved one back, a wrongful death suit can provide a way to seek redress for your harm. It can also help you recover from the financial burdens that resulted from the fatal accident.

As a recent news article reported, a teenage passenger was killed, and two others were injured after a car accident in Saco, Maine. Shortly after midnight, police officers responded to a call from a nearby resident who heard a cry for help. When the officers arrived at the scene, they found that a car had veered off the road and crashed into a tree. Sadly, the front-seat passenger was found dead at the scene. The driver was transported to the hospital with life-threatening injuries. The passenger who made the initial cry for help was also taken to the hospital with minor injuries. A police investigation into the accident found the car had crashed after speeding and passing another vehicle.

Can a Grieving Family Recover Damages for a Passenger’s Death?

In Maine, a person can bring a wrongful death lawsuit to seek damages after a fatal accident. Under Maine’s wrongful death statute, the administrator of the deceased person’s estate can sue the driver responsible for the passenger’s death. The resulting damages award then goes to the beneficiaries of the victim’s estate. Maine law allows a person to bring a wrongful death claim as long as the deceased could have done so if they survived the accident. Finally, a person must bring a wrongful death suit within two years of the fatal accident.

February 28, 2023

Safety Tips to Avoid a Maine Drowsy Driving Accident

by Peter Thompson & Associates

Between the stress of busy workdays and commitments at home, drivers may have little time for sleep. However, getting enough sleep is critical to operating your vehicle safely. Drowsy driving can lead to falling asleep at the wheel, which often results in serious injury to other drivers. Even if a driver does not fall asleep, their drowsy driving can lead to distracted driving. When drivers are not alert enough to stay focused on the road, they place themselves and others at risk of physical injury and significant property damage. As a result, avoiding drowsy driving is a key step drivers should take to stay safe.

As a recent news article reported, a drowsy tractor-trailer driver caused extensive damage in Hopkinton, New Hampshire. The tractor-trailer driver was traveling on Route 127 when he hit a guardrail, causing extensive damage to both the tractor-trailer and the guardrail. When police investigated the incident, they learned the driver had caused a second accident. Just hours earlier, the driver had previously hit another tractor-trailer. Though no one was harmed, the other tractor-trailer endured severe property damage. The driver received an out-of-service order for violating safety conditions on the road, which temporarily prohibited him from driving. Police blamed the accident on drowsy driving and inattention.

How Can You Avoid Drowsy Driving?

February 24, 2023

Seeking Justice Through a Maine Wrongful Death Lawsuit

by Peter Thompson & Associates

Too often, the criminal justice system fails to bring justice to victims and their loved ones. When a person is found not guilty of a crime or faces a light sentence, the victim’s loved ones may feel that the criminal case failed to hold the perpetrator accountable for their profound loss. In these scenarios, a victim or their loved ones might look for another way to seek justice. When the criminal justice system fails to hold perpetrators accountable, a victim or their loved ones may turn to civil court and file a negligence lawsuit.

As a recent news article reported, a corrections officer received no jail time for an accident that killed a nine-year-old girl in Cumberland County, Maine. The accident occurred when the officer crashed his truck into an SUV, killing the girl who was riding in the back of the car. While on trial for manslaughter, the officer admitted he may have fallen asleep at the wheel. Prosecutors asked the judge for an 8-year sentence, 4 years’ supervision, and 100 hours of community service. The judge was much more lenient. At the sentencing hearing, the judge imposed a 6-year suspended sentence, 4 years probation, and 200 hours of community service. A suspended sentence is delayed until the convicted person completes probation, but judges often dismiss the sentence upon successful completion of the probation period. As a result, the officer likely faces no jail time.

Can You Sue a Driver Who Faced Charges in Criminal Court?

A criminal case does not affect your ability to sue a criminal defendant for damages in civil court. First, you can sue a driver who was found not guilty in a criminal trial—or who did not face criminal charges at all. Remember that a jury may find a person not guilty in a criminal case, but a jury could find that same person liable for civil damages. Second, you can sue a driver for damages even if they have to pay a criminal fine. Maine’s criminal law imposes fines as punishment for certain crimes, but these fines have nothing to do with civil liability for an accident. Even if the driver must pay criminal fines, you can still hold them responsible for civil damages.

February 21, 2023

Recovering Damages After a Maine Pedestrian Accident

by Peter Thompson & Associates

Pedestrian accidents can result in particularly serious harm. Pedestrians lack the same protections a vehicle affords its occupants. As a result, the force of a vehicle striking a pedestrian often causes the pedestrian to suffer life-threatening injuries. In the wake of these accidents, a pedestrian may seek to hold the driver who hit them responsible for their harm. To do so, an injured pedestrian can file a negligence lawsuit against the driver for the significant damage that often results from these accidents.

For example, a recent news article reported that a pedestrian suffered serious injuries following an accident in Durham, New Hampshire. The pedestrian was struck by a driver traveling westbound. Witnesses to the crash assisted the pedestrian until first responders arrived to transport the pedestrian to the hospital. The pedestrian received treatment for serious injuries, while the driver was unharmed. According to Durham police, the accident remains under investigation.

Can Pedestrians Sue for Damages in Maine?

Pedestrians who suffer injuries after a car accident can file a negligence lawsuit against the driver who hit them. To hold the defendant liable for damages, the injured plaintiff must prove that the defendant owed them a duty of care, breached that duty through a careless action or inaction, caused the accident through their carelessness and that the accident resulted in harm to the plaintiff. By filing a negligence lawsuit, plaintiffs will typically pursue compensatory damages. This type of damages award seeks to restore the plaintiff to the same position as if the accident never occurred. Pedestrians who want to sue the driver who hit them should know that criminal charges against the driver do not preclude their negligence lawsuit in civil court. The law may hold a driver responsible for a pedestrian accident through both criminal penalties and civil damages.

February 8, 2023

Bringing a Wrongful Death Claim Following a Maine Head-On Collision

by Peter Thompson & Associates

Too often, head-on collisions result in severe injury and death. When a driver’s negligence causes another person’s death, the driver harms both the deceased and their surviving loved ones. In the wake of these senseless accidents, it is clear that no amount of money will ever bring a deceased loved one back. However, understanding how Maine handles wrongful death lawsuits can help the deceased’s loved ones think about their options for recovery.

As a recent news article reported, a head-on crash in Woolwich, Maine, killed one person and injured another. The crash occurred on a bridge in the northbound section of Route 1. While traveling southbound, a driver veered across the roadway into the northbound lane. The driver then collided head-on with a vehicle traveling northbound. Sadly, the driver died at the scene. The northbound vehicle’s driver was transported to the hospital to treat serious but non-life-threatening injuries.

Can You Bring a Wrongful Death Suit After a Maine Head-On Collision?

A person can bring a wrongful death suit for negligence if the negligent party would have been liable to the victim if he or she had not died. The reasoning is that wrongful death suits are a way to make sure negligent actors do not escape responsibility for their wrongdoing just because a victim is not alive to sue them personally. In Maine, a person bringing a wrongful death suit must do as the administrator of the deceased’s estate. However, the beneficiaries of the deceased’s estate can receive certain types of damages awards under Maine law.