Government officials at the National Transportation Safety Board (NTSB) held a public forum in Washington D.C. to discuss methods of improving pedestrian safety, as state and federal data shows pedestrian injuries and deaths have continued to increase in recent years.

The forum, held on May 10 2016, featured four panels, each of which looked at different facets of pedestrian safety. An estimated 5,000 pedestrians are killed each year in accidents with automobiles, and thousands more are severely injured, according to the National Highway Traffic Safety Administration. Research suggests that driver negligence contributes to a whopping 94 percent of all motor vehicle accidents, and pedestrians are the most vulnerable to catastrophic harm in the event of a knock-down.

Pedestrian injuries and deaths on the rise

Data from NHTSA shows that nearly 75 percent of all fatal pedestrian knock downs occur in urban areas, with the majority occurring at night and near an intersection. Alcohol impairment also plays a significant role in these deaths, as nearly half of pedestrian fatalities in 2011 involved either the victim or the driver with a blood alcohol concentration of .08 or higher.

Recent statistics regarding pedestrian accidents are not encouraging. The first half of 2015 saw 2,463 pedestrian deaths: a 10 percent spike from the same time frame the previous year. Those who travel by foot, wheelchair, skateboard or scooter are among the most vulnerable users of our nation’s roads and sidewalks. The CDC reports that pedestrians over the age of 65 accounted for 19 percent of all pedestrian deaths in 2013, and that teenagers are more likely to need emergency room medical care for crash-related injuries when compared to other age groups.

Reckless driving, poor road conditions and inclement weather can all lead to accidents that harm pedestrians. Unfortunately, pedestrians are often at the mercy of motorists and their vehicles. Whether it’s a child walking home from school, or an elderly person attempting to cross a busy intersection, drivers need to be on the alert for pedestrians and use extra caution when driving near schools or crosswalks.

Some of the most common causes of pedestrian knock downs include:

• Drivers who fail to watch for pedestrians while reversing or turning
• Drivers who speed recklessly
• Drivers who fail to obey stop lights or traffic signals
• Drivers who operate their vehicles under the influence of alcohol or drugs
• Drivers who fail to look both ways when making a right turn into a crosswalk

Pedestrian accident attorneys in Maine

As is quite often the case in pedestrian auto accidents, catastrophic injuries can prove life-altering. Victims who suffer such debilitating harm may end up with permanent disabilities and unable to work, let alone pay hospital bills. Medical expenses for treating a traumatic brain injury, broken bones, and spinal cord injury can put victims and their families on the edge of financial ruin.

A qualified personal injury lawyer can be allies for pedestrians harmed in crosswalks, parking lots, and other areas where knock downs are common. If you have been involved in a pedestrian auto accident in Maine, the attorneys at Hardy, Wolf & Downing are prepared to evaluate your claim, start an investigation, assess your damages and pursue litigation on your behalf.

Because our legal team works on a contingency basis, there are no upfront costs, and the initial consultation is always free. Call 1-800-INJURED today to arrange a case review.

A team of researchers from the University of Houston and the Texas A&M Transportation Institute compared three common types of driving distractions, finding a sixth sense protects distracted drivers, but not while texting.

The study used 59 volunteers who each drove the same stretch of highway four times under varying conditions:

• in a normal state;
• while distracted by challenging questions;
• while being asked emotionally charged questions; and
• while texting.

The order of the drives was randomly selected to avoid a bias and the researchers found that with each type of distraction, volunteers responded with jittery steering. However, in the cases of emotionally-charged driving and cognitively engaged driving, the drivers followed a straighter path than even normal, safe driving. When texting, on the other hand, the drivers’ jittery steering led them to stray into other lanes.

Brain compensates for distraction when eyes stay on road

The researchers theorize that when faced with the distractions, the brain reacts on a “fight or flight” response, leading to the jittery handling of the wheel. This function involves activity in the part of the brain called the anterior cingulate cortex (ACC). The scientists believe that as the ACC kicks into action, it counterbalances strong jitters with counter-jitters in the opposite direction, resulting in straight driving.

In the case of texting, however, the participants did not correct the jittery steering and instead deviated from their lanes. When the ACC corrects the jitters with counterbalancing action, it is relying on the driver’s eye-hand coordination. Texting, however, takes the driver’s eyes from the road and interrupts the counterbalancing effect. The uncorrected steering deviations are extremely dangerous and put the driver, and those sharing the road, at risk of an accident.

Texting keeps drivers’ eyes off road

The researchers explain that what is essentially a sixth sense protects the driver from straying into another lane but texting interrupts that sense. Other studies have shown that when a driver is texting, his eyes are off the road for five seconds; at freeway speeds, they cover the length of an entire football field while essentially blindfolded. This is a perilously long distance to travel without looking and without the benefit of the brain’s automatic correction function.

The problem of distracted driving is likely to grow in coming years. More than three quarters of drivers already own a smartphone and the newest drivers have grown up with them. As a result, teens have frighteningly casual attitudes about distracted driving; 20% do not believe texting while driving is dangerous and more than 40% confessed to reading or sending email while behind the wheel.

Liability in distracted driving lawsuits

Drivers have a responsibility to operate their vehicles safely and avoid harm to others on the road. In Maine, state laws also require that they not drive distracted. When someone injures another while violating this type of safety law, the victim may be entitled to compensation.

If you or a loved one have been the victim of a distracted driver, you may be entitled to compensation. The Maine personal injury lawyers at Hardy, Wolf & Downing are experts in negligence claims and represent injury victims throughout Portland, Lewiston, Auburn and Bangor. For a free legal consultation, call 1-800-INJURED.

Early last week, traffic on the Maine Turnpike near Farmingdale came to a virtual standstill following an incident in which a tractor-trailer driver fell asleep at the wheel, causing his vehicle to collide with a guardrail, according to officials from the Maine State Police.

Duncan MacPhee, of Prince Edward Island, was named as the driver of the vehicle, and neither he nor his lone passenger sustained injuries in the crash.

Incident responsible for delays

Witnesses and traffic officials reported that traffic on the affected stretch of the Turnpike was delayed for approximately 10 hours due to the collision involving a semi truck carrying a load of french fries. Crews immediately set to work removing debris and replacing over 100 feet of damaged guardrails. The incident produced backups on both north and southbound sides of Interstate 95, with traffic being reduced to a single lane for a significant portion of the morning.

Crash underscores dangers of drowsy driving

Maine Department of Public Safety spokesman Steve McCausland reported that MacPhee did indeed fall asleep at the wheel of his vehicle, a phenomenon responsible for an alarming number of commercial trucking accidents each year. Though it is unclear whether sleep apnea or other sleep-related disorders played a role in this particular incident, the problem of truck drivers falling asleep while operating their rigs has garnered increased attention in recent months.

The Federal Motor Carrier Safety Administration (FMCSA) recently proposed a rule which would require individuals in safety-sensitive positions within the transportation industry to undergo testing for obstructive sleep apnea which can lead to situations precisely like the one that occurred on the Maine Turnpike. Regulations of this type would serve to bolster existing rules concerning the number of hours truck drivers are permitted to be on the roads in between rest breaks.

Liability in commercial vehicle accidents

Though no injuries resulted from this particular crash, it is important to note that such events do not always have such happy endings. Sadly, it is all too common for innocent individuals with whom big rigs share the road to suffer life-changing injuries and even death due to the negligence of motor carrier personnel.

When tragedies of this nature occur, it is critical that victims and their families realize that the legal system provides them the opportunity to seek accountability as well as monetary compensation for their losses.

Liable parties may include:

• Owners of trucking companies

• Contractors responsible for maintaining the vehicle at issue

• Suppliers of truck components and equipment

• Truck manufacturers

• Freight loading companies

It is important to keep in mind that those who own and operate commercial transportation enterprises may in fact be held liable for the acts and omissions of those they have in their employ. The key in any case of this type is for victims to align themselves with a seasoned truck accident attorney who can conduct a comprehensive investigation of the facts and determine who is to blame for the harm sustained.

Seasoned advocacy for victims across Maine

Since 1976, the personal injury attorneys of Hardy Wolf and Downing have been committed to pursuing and protecting the rights of injury victims across Maine. Decades of experience have given us unique insights into the challenges and struggles facing those who have been harmed by the negligence of others, and we stand ready to fight for justice and maximum financial compensation.

If you have been injured in a commercial vehicle accident and wish to learn more about how we can help, contact us at 1-800-INJURED.

As Spring rolls out warmer temperatures and inviting landscapes, Maine motorcyclists can finally enjoy roadways that are free of ice and snow. But as legions of bikers return to the road for the riding season, their safety remains a chief concern. The month of May has been designated Motorcycle Safety Awareness Month across the nation, and Mainers are encouraged to stay alert and watch out for motorcycles, particularly at intersections and during lane changes and turns. In addition, The National Highway Traffic and Safety Administration remind motorcyclists to make themselves more visible to other motorists.

In order to prevent injuries and motorcycle fatalities on Maine roads this year, we need responsible drivers who share the road with their two-wheeled counterparts, and motorcyclists who obey traffic laws, speed limits, and never ride while impaired.

Motorcycle accident-related deaths increase

An estimated 8 million motorcycles traverse the country’s roadways, and thousands can be found right here in Maine. Last year, Maine had a record-breaking 32 motorcycle accident-related deaths, the highest fatality rate for more than 25 years. Though motorcyclists make up a mere 3 percent of all registered vehicles, they account for almost 15 percent of all accident fatalities, according to the NHTSA.

Statistics indicate that helmet use can increase motorcyclists’ chance of survival by 29 percent in the event of an accident, yet Maine is one of 31 states that does not have mandatory helmet laws.

Bikers often complain that wearing a helmet interferes with their hearing or views of surrounding traffic. But these claims have been refuted by the NHTSA, which recently sponsored a study to assess the effect of helmet use in both arenas. The study, which included 50 riders of various skill levels and ages, found that “any negative interference of helmets on rider vision appears to be minor, especially in comparison to the protection offered by helmets should a crash occur.” Similarly, the NHTSA found that helmets did not diminish hearing ability at normal travel speeds.

Safety courses mandatory for beginners

In Maine, all new riders who are applying for a license are required to take a 15-hour motorcycle safety course. The course may prove invaluable to novice motorcyclists, as it contains both road experience and classroom instruction. Armed with knowledge and defensive driving tips, riders can more safely share the road with vehicles and hopefully avoid preventable injury.

Bikers can also increase their visibility to other motorists by using hand signals when turning and wearing bright clothing that is protective.

Motorists are asked to put their cell phones down while driving and check their blind spots twice before moving over. Distracted driving remains a huge concern for many avid bikers, who are more likely to suffer debilitating harm in the event of a crash.

Maine motorcycle accident lawyers can help

Whether caused by driver inattention, improper lane changes or a failure to yield, motorcycle accidents frequently result in catastrophic injuries to the rider. If you’ve been injured by a negligent motorist, it’s important to protect your legal rights and preserve your chances of recouping fair compensation. A successful claim may yield damages for medical bills, lost income, pain, emotional suffering and other losses. 

To discuss your case with skilled personal injury attorneys in Maine, we invite you to contact Hardy, Wolf & Downing for a free consultation.  Our law firm offers steadfast advocacy for residents throughout Lewiston, Portland, Auburn and all of Central and Southern Maine.

Hardy, Wolf & Downing would like to spread the word about the National Safety Council’s annual Distracted Driving Awareness Month, held in April. The NSC hopes to draw attention to the role that cell phones play in thousands of deadly car crashes and encourage people to put safety first.

To make it easy to share its message – Take Back Your Drive – the NSC website offers resources such as free posters, infographics, and tip sheets that can be downloaded or shared online. In an effort to motivate drivers to take action, the NSC has also sponsored a pledge to drive cell free. The pledge can be signed and shared on social media.

Cell phones distract driving in multiple ways

Distracted driving occurs whenever something or someone takes the driver’s attention away from driving. This includes talking or texting on a cell phone, talking to passengers, adjusting the radio or gps, or grooming. In 2014, more than 3,000 people were killed because of distracted driving. Twelve of those were in Maine. Another 431,000 were injured in distracted driving accidents.

Texting receives the most attention as a distraction because it so obviously takes the driver’s attention away from the road. Studies show that when a driver is texting, his eyes are off the road for five seconds – enough to cover the length of a football field when traveling at 55 mph. This behavior is far from rare, with one survey finding that one-third of drivers admitted to texting while driving. In the same survey, another three-quarters said that they have seen others text while driving.

It is not only texting that leads to phone-related crashes though. As the NSC campaign stresses, using a cellphone to talk, even with a hands-free device, significantly increases the risk of a crash.

Next generation of drivers even more distracted

Distracted driving has become a serious hazard as cell phones have become universal. By 2014, 80% of drivers owned a smartphone. The problem will, unfortunately, likely grow as a crop of new teen drivers who have literally grown up with cell phones takes to the roads. Ten percent of all teen drivers who were involved in fatal crashes reported that they were distracted at the time.

The problem of distraction by cellphone is so great that more than half of all adult cellphone drivers admit to being involved in a distracted walking encounter. This has contributed to a rise in pedestrian deaths in recent years even as overall traffic deaths have declined.

Recourse for injuries caused by distracted drivers

Many states have specifically enacted laws that make driving while using a cell phone illegal. Other states, like Maine, instead rely on more general laws against driving while distracted or texting while driving.

When someone injures another while violating a safety law designed to protect that harm, it can constitute negligence per se and may entitle the victim to compensation.

If your or someone you love has been injured by a distracted driver, contact the Maine accident lawyers at Hardy, Wolf and Downing. We are committed to providing personal attention while fighting aggressively for your rights.

To discuss your legal options during a free consultation, call 1-800-INJURED.