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June 26, 2019

Maine Lawmakers Fail to Pass Bill Mandating Vehicle Ice and Snow Removal

Summer is in full swing, but lawmakers in Maine recently had their minds on the winds of winter when they debated a bill that would have penalized motorists who failed to remove ice and snow debris from the roofs of their cars before traveling at faster speeds. It’s already a requirement of motorists in numerous other states, including nearby New Hampshire with Jessica’s Law. Our injury lawyers have learned that the Maine bill, S.B. 1527, has died in committee. This is unfortunate given that the measure had bipartisan backing, and with vigilant enforcement, might have made a notable difference in Maine roadway safety this upcoming winter season.

Had S.B. 1527 passed, it would have amended Sec. 1. 29-A MRSA §2396, sub-§5 (pertaining to unsecured loads) to include a provision fining $250 to any motorist traveling 40 mph or faster on a public way with a “load of solid precipitation on the motor vehicle.” Solid precipitation was defined to include snow, ice, sleet and hail. Exceptions were to be made for “minor amounts” of solid precipitation where a reasonable effort had been made to remove the load, but otherwise, having a lump of snow on the roof of your car would be grounds for a steep fine under the act which would have doubled for second or subsequent offenses. The one major weakness in the measure was that it exempted commercial vehicles, very often the culprit in these cases.

Why Snow and Ice on Cars is So Dangerous

Car accident lawyers know public opinion on car snow and ice removal is somewhat split. Obviously, there are those who say daily snow and ice removal from one’s vehicles is a major hassle. On the flip side, those clumps of debris and shards of ice can cause serious accidents. For example, Jessica’s Law in New Hampshire is named for a teenager who was struck and killed in 1999 by another driver who lost control on the highway when a huge chunk of ice that flew from a box truck smashed his windshield. This January in Wells, Maine, a driver’s entire front windshield was shattered when a hunk of solid ice came flying off another vehicle. In another similar incident that same month in Freeport, a woman and her three daughters narrowly escaped injury when ice from a box truck hurtled their direction and shattered the windshield. In February, a New Hampshire DOT worker was hurt when ice from atop a box truck flew off the back and slammed into the windshield. Continue reading

December 14, 2017

Black Ice Blamed in Numerous Maine Car Accidents Recently

by Peter Thompson & Associates

Black ice on the roads was cited as a factor in a number of central Maine car accidents recently, though thankfully, no serious personal injuries were reported. In a single icy morning, the dispatch center for Kennebec County and Somerset County reported 85 reports of crashes and cars that had veered off the roadway. Calls started around 3:30 a.m., and within the hour, authorities on site were informing dispatch and other emergency responders about the perilous black ice that coated Interstate 95 and surrounding areas. One official was quoted as saying the interstate “looks like a skating rink.” Officials did choose to close the Messalonskee Bridge for a time after four crashes happened back-to-back, as reported by CentralMaine.com.

Although weather certainly can be a factor in any car accident, it’s important to point out that even the worst road conditions do not relieve motorists of their duty of care to use reasonable caution in their operation of a motor vehicle. That means exercising constant vigilance when conditions are right for hazards like black ice. It means slowing to a safer speed and avoiding distractions and maintaining a safe distance from the vehicles ahead of you. Failure to do so can be grounds to assert negligence when it results in a collision.

What is Black Ice?

December 4, 2017

Failure to Disclose Vehicle Defects to Maine Drivers Will Cost GM $1.1M

by Peter Thompson & Associates

As part of a $120 million settlement with General Motors Co. for concealing safety issues related to vehicle defects, Maine is slated to receive $1.1 million in compensation. It stems from a settlement reached between the Michigan-based auto manufacturer and attorneys general from 49 states plus the District of Colombia.

Maine Attorney General Janet Mills released a statement characterizing the deception as creating a dangerous situation for the public. It stemmed from information that came to light following seven vehicle recall from GM affecting more than 9 million vehicles that reportedly had defective ignition switches that had the potential to cause a loss of electrical power to the vehicle, affecting power brakes and power steering. There were also reports that airbags could fail to deploy in the event of a Maine car accident. The recalls in and of themselves weren’t the issue, but rather that some GM insiders were aware of these safety problems for at least a decade before the recalls were issued. Furthermore, the company continued to market the vehicles as reliable and safe. These actions, Mills office indicated, ran afoul of Maine’s Unfair Trade Practices Act. The more than $1 million of that settlement slated for Maine will go into a consumer trust account. There is still a class action lawsuit pending that involves several people who allegedly suffered personal injuries and wrongful death as a result of these dangerous vehicle defects, The Press Herald reports.

Although most car accident lawsuits in Maine involve the negligence of other drivers, injury lawyers cannot overlook the possibility of automobile defects, given the fact that the number of vehicle recalls has reached record rates in recent years. Reuters reported U.S. auto recalls in 2016 affected a record 53.2 million vehicles, in large part due to defective Takata airbag inflaters. Last year topped the previous record, set in 2015, of auto recalls affecting 51.2 million vehicles. Continue reading

March 29, 2017

Heroin-Induced Car Accident in Maine Prompts Rehab Order

by Peter Thompson & Associates

A judge has ordered a Maine man who crashed his vehicle in New Hampshire while high on heroin last summer to undergo a three-month drug rehabilitation program.

Newburyport News reports the 24-year-old was removed from his smoking vehicle by a retired firefighter who happened to pass by after he had crashed into a cluster of trees. The driver suddenly awoke and told the good Samaritan he was fine, but the retired firefighter believed otherwise and summoned help. First responders found the man unconscious and not breathing so they administered an anti-opioid drug called Narcan to the driver. After he was stabilized, he was taken to a local hospital for treatment.

The story highlights what has been a growing problem nationally not just for health care providers and law enforcement, but for those who share the road with people under the influence. USA Today reported last year on federal data pointing to an alarming uptick in the percentage of traffic deaths attributed to drivers who tested positive for drugs over the last 10 years. There has been an overall upward trend in traffic fatalities in recent years, but the fact that the percentage of drivers testing positive for illicit and prescription drugs has increased points to this being a substantial part of the problem. Continue reading

April 13, 2016

Maine Storefront Crash Results in Injury

by Peter Thompson & Associates

A driver was recently critically injured following a three-car crash that ended with one vehicle slamming into the front of the Gothic building in downtown Belfast, an hour south of Bangor.

According to The Bangor Daily News, officers believe an older man in a Sedan with Massachusetts plates was speeding down the hill on Maine Street around 1 p.m. when he suddenly crossed into opposing traffic and slammed into a van at a five-way intersection. He then drove straight into a parked vehicle and then into the front of a building. The parked vehicle was also sent flying up over the curb, just in front of the Bangor Savings Bank.

The occupants of that parked vehicle – which included a toddler in his car seat – were not seriously injured. Continue reading

July 14, 2015

Maine Motorists Must be Cautious of Road and Weather Conditions

by Peter Thompson & Associates

Drivers in the Freeport area were advised recently by the Maine Department of Transportation to use caution due to heavy rains and standing water on the turnpike.

The department told motorists they should adjust their speed accordingly and remain alert.

The warning was issued after one vehicle traveling on I-295 southbound hydroplaned and flipped on a recent Sunday morning. Four people were in the vehicle, but luckily, no one was seriously injured. Officials advise ongoing heavy rains and strong winds.