Posted on July 20, 2010 by Joe Bornstein

Social Media Searches And What They Mean To Your Case

Social media websites are more popular than ever. With over 500 million active users, Facebook leads the way. But for as great as social media sites are for keeping in touch with friends and networking with prospective colleagues, they also invite the public into your life. And on occasion that might not be a good thing.

It is well known that employers and colleges take to the web to research a potential applicant, but now, insurance companies have started digging around online to help determine whether you are as injured as you say, or if you’re injured at all. Due to this new style of background checking, it’s important to assume everything done online is public and can be used against you.

Many people think that if they choose “private” for their settings that outsiders cannot view what they publish online. But the truth is that everything published online is recoverable and will never completely go away.

The simple truth is that private pages can be subpoenaed, or called into a court of law, and that posts online are often backed up by the hosting company and can recovered even after “deleted.” Insurance companies can use the social networking activity of defendants against them, even if their posts have nothing to do with their injury.

For example, an accident victim alleges he cannot participate in social activities after his accident, and yet there are post-accident pictures showing him doing exactly that. Or if an accident victim claims she is depressed when online there are pictures of her smiling and laughing after the accident. Or if there is a post on your profile about attending a party just before an accident, insurance companies may believe alcohol was involved.

In general, insurance companies will question a defendant’s credibility, and whatever settlement is ultimately reached, may be lower than what it could have been, if anything at all. If taken to court, the information can be used against the defendant at trial to make him seem less credible to a Judge or a Jury.

In addition to the defendant’s own social media page, pages of their friends and families are also recoverable. Therefore, it’s important to be aware of what others publish online. Just because your settings may be set to private, doesn’t mean your friend’s or their friends’ are.

Of course, limiting what you publish online is the best way to avoid people finding out about you. If you have photographs, videos, or other information online available to the public which may compromise your claim, we urge you to remove the pictures and data. Doing a simple internet search for your name is another way to monitor yourself. Because you never know when someone else is.

For more information on internet privacy and safety please visit: www.privacyrights.org.
 

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Posted on July 16, 2010 by Joe Bornstein

New Maine Motorcycle Law Reduces Noise

On July 12th, a new law in Maine made it illegal for motorcyclists to modify their exhaust system to make it louder. The law is designed to limit the “noise pollution” of motorcycles but applies to all vehicles and carries a $137.00 fine.

The previous law governing road noise stated that vehicles must have adequate mufflers that are maintained properly to prevent excessive or unusual noise. The current law defines “unusual noise” as motor noise that is noticeably louder than that of similar vehicles in the surrounding environment.

The law was created to cut down on riders that rev their engines, especially in downtown areas where the noise echoes off buildings, as well as in residential neighborhoods. Some police departments will issue warnings during the first two weeks of the new policy, allowing bikers and drivers an opportunity to alter their vehicle if necessary.

At the Law Offices of Joe Bornstein, we see firsthand the effects of serious motorcycle accidents on a regular basis. Carefully riding a bike is hard enough, and our advice to you is to focus on riding safe instead of trying to alter your bike. Because there’s nothing better than a safe ride that’s enjoyable to you, while not bothering anyone else around.

For more information on the new motorcycle law please visit: http://home.ama-cycle.org/amaccess/laws/result.asp?state=me.
 

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Posted on July 13, 2010 by Joe Bornstein

Harold Alfond Challenge Grant Helps Maine Babies Prepare For College

A new program in Maine is giving newborn babies a $500 grant for college.

The Harold Alfond College Challenge provides a $500 grant to every Maine baby to start a college savings account. Originally started in 2008 on a limited basis, the program is now offered to all newborn babies in Maine to help their families plan for their children’s college education.

Every baby born in Maine is eligible, and there is no income limit or additional money needed to receive the grant. $500 is deposited into a NextGen fund for the newborn and is to be used for education beyond high school. To qualify for the grant, a NextGen enrollment form must be filled out before the baby’s first birthday.

Harold Alfond was life-long Mainer who founded the Dexter Shoe Company and later established the Harold Alfond Foundation in 1950. Alfond’s love of Maine was apparent through his many charitable causes. His giving focused on education and health care, with the Harold Alfond College Challenge his legacy gift to every Maine baby.

To open a NextGen account on behalf of a newborn, the account owner must be 18 years of age. NextGen is Maine’s college savings program (also known as a Section 529 plan) that provides unique tax advantages and other special features to encourage families to save for college. Adopted babies and those whose parents move to Maine before the age of one are also eligible.

Family and friends can add money to the child’s NextGen account at any time. Though additional contributions are not required, it was Mr. Alfond’s hope that families, communities and businesses would rise to the challenge of investing in the educational future of Maine’s children. The Alfond Grant can only be used to pay for accredited post-secondary schools in the U.S., including graduate schools and trade schools, as well as some foreign institutions that participate in federal financial aid programs.

Since 2008, more than $2.5 million has been distributed to the estimated 14,000 babies born each year. And, thanks to the generosity of Harold Alfond, Maine babies will now have a leg up on planning for a their future, which in turn makes the outlook in Maine that much brighter.

For more information on The Harold Alfond College Challenge, please visit: www.500forbaby.org.

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Posted on July 9, 2010 by Joe Bornstein

Portland Pulls It's Parking Forgiveness Plan

Beginning July 1st, motorists parking in Portland will have to be more vigilant when they park. Once the norm, no longer will the city write off one parking ticket per car every six months.

With a $196 million municipal budget, Portland is forgoing the so-called “forgiveness program” which costs the city an estimated $500,000 a year. Previously, drivers could incur minor parking infractions such as an expired meter twice per year and not have to worry about paying the fine. Now, however, Portland is no longer providing the friendly service to its 1,450 parking meters throughout the city.

Other changes to downtown parking include eliminating the First Hour Free program at the Elm Street and Spring Street parking garages, however, the city does have other ways to save on parking.

The little known Park & Shop promotion offers shoppers a free hour in public parking garages with each purchase at a downtown store. Drivers who park in a garage or lot and take their ticket with them while shopping can get a stamp with each purchase good for one hour of free parking.

 The city of Portland states that their established parking regulations ensure that:

  • The City streets remain safe and accessible for the entire community
  • There is appropriate turnover and availability of parking for citizens, customers, visitors and businesses
  • Parked vehicles do not interfere with street maintenance and operations
  • Vehicle traffic works in conjunction with non-auto modes and bus transportation.

The current hourly rate to park in Portland is $1.00 per hour, with meters accepting nickels, dimes and quarters. Parking meters are in effect from 9:00 AM to 6:00 PM, Monday through Saturday, while parking on Sundays and major holidays is free.

For more information on public parking in Portland, please visit: www.ci.portland.me.us/parking/regulations.asp.
 

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Posted on June 28, 2010 by Joe Bornstein

Bornstein/Aronson '81 Challenge Grant Gives Back To Law School

The Law Offices of Joe Bornstein recently helped raise money for the University of Maine School of Law. The state’s only law school was in the midst of collecting donations for their Annual Fund Campaign when they were presented with a unique fundraising idea: The Bornstein/Aronson ’81 Challenge Grant.

The grant challenged fellow law school alumni to donate to the Annual Fund Campaign, only to see their donation matched by the Law Offices of Joe Bornstein. With six days left in the fundraising efforts and over $10,000 left to raise, the Bornstein/Aronson ’81 Challenge Grant matched 50% of every unrestricted gift up to $2,500.

With over 3,000 graduates living in Maine and across the country, the University of Maine School of Law alumni serve as leaders in law, government, private industry, civic affairs and education. The alumni network helps law students find internships and clerkship opportunities, as well pair students with alumni who have similar practice interests. Many graduates living out of state have helped arrange interviews and referrals, some even boarding visiting students.

With the help of the Bornstein/Aronson ’81 Challenge Grant, the Annual Fund Campaign reached the school’s fundraising goal. As a result, alumni who had not made a gift in several years sent a contribution and others who have given at a certain level for many years increased their gift. Overall, the University of Maine School of Law’s Annual Fund Campaign raised over $135,000 from generous alumni, as well as the goodwill of the Law Offices of Joe Bornstein.

The Law Offices of Joe Bornstein is proud to give back to Maine’s one and only law school. With seven University of Maine School of Law graduates on staff, the attorneys at the Law Offices of Joe Bornstein truly are “Maine Lawyers Working For Maine People.” And that alone is reason to help support the future lawyers of Maine.

For more information on the University of Maine School of Law and the please visit: www.mainelaw.maine.edu.
 

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Posted on June 25, 2010 by Joe Bornstein

Cromwell Center Raises Money For Disability Education

On June 24, the Cromwell Center for Disabilities Awareness held their annual awards dinner and silent auction. This year’s event celebrated William J. Ryan as the Center’s Person of the Year and raised over $100,000 for the non-profit organization. Ryan is the past Chair of TD Bank and has been a supporter of the Center since its inception.

The Cromwell Center is a leader in disabilities awareness education. The goal of the Center is to inform people without disabilities by teaching them about those who have a disability. The Center strives to make sure that people with disabilities - be it learning, behavioral and emotional, developmental or physical - receive the same respect, recognition and opportunity that every person deserves regardless of physical or mental condition.

By teaching kids, educators, employers and employees, the Cromwell Center has reached more than 25,000 students in over 100 schools since 2004. In addition to hands on education, the Cromwell Center provides public and school libraries with collections of informational books on special needs.

The Cromwell Center is named after Jeremiah Cromwell, a young boy who was institutionalized at the Maine School for the Feeble-Minded in the early 1900s. To this day, it is not known why he was institutionalized or the nature of his disability, but what is known is that Jeremiah Cromwell was alone. At the age of 16, Cromwell died at school with no family member coming to retrieve his body for a proper burial.

It is because of Jeremiah’s hardship, and the hardships faced by many children today, that the Cromwell Center is working on behalf of children with disabilities. Through hard work and dedication, the Center envisions that one day no one will ever again experience the anonymity and suffering of Jeremiah Cromwell.

The Law Offices of Joe Bornstein is proud to support the Cromwell Center for Disabilities Awareness for their efforts and achievements in educating the youths of today. As a proud member of the Board of Directors, Joe Bornstein would like to congratulate colleague William J. Ryan for his leadership and hard work. May the Cromwell Center’s hard work today pay dividends tomorrow.

For more information on the Cromwell Center please visit: www.cromwellcenter.org.

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Posted on June 21, 2010 by Joe Bornstein

Tick Season Brings Uptick In Lyme Disease

Because of Maine’s mild winter and early spring, tick season in Vacationland will be more severe than in the past. Unfortunately, with the increase in the amount of ticks comes an increase in the amount of Lyme disease incidents. In 2008, there were 780 confirmed and 128 probable cases of Lyme disease in Maine.

Lyme disease was named in 1977 when several children in Lyme, Connecticut suffering from similar symptoms came down with an unidentified illness later found to be transmitted by deer ticks. Over 20 years later, the Centers for Disease Control (CDC) reports that there are nearly 29,000 cases of Lyme disease annually in the U.S., with the majority occurring in the northeast and mid-Atlantic regions. It is estimated that more than 75 percent of Lyme disease cases are contracted within 100 feet of the home and that 80 percent of Lyme disease cases occur between May and August.

Suburban sprawl has placed humans closer than ever to white-tailed deer, which are the primary host and main source of transportation for adult ticks. If deer are feeding on vegetation around your property, it is likely that a female tick has dropped off and lay up to 3,000 eggs in the brush. When young, ticks feed on small mammals such as mice and birds in the summer and early autumn. They then become dormant for the winter until the following spring when they feed and mate on larger animals such as deer. It is when they feed on rodents such as mice that they become infected with Lyme disease.

Despite the increased amount of ticks in Maine this summer, preventive measures can reduce the risk of contracting Lyme disease.

  • Wear full-length garments that are tight around the wrist, ankle, and neck. It is advised to tuck pant legs into socks or boot tops.
  • Adults should check themselves and children immediately after going into the woods or brush. Ticks often crawl to warm, moist areas of the body such as the groin area, armpits, neck and scalp.
  • Have pets wear repellent collars and stay out of tick infested areas. 
  • Keep brush and grass around your home cut short and clear outdoor areas of brush and leaf piles to minimize tick habitats.
  • Treat exposed areas with a repellent to avoid getting Lyme disease.

If a tick is spotted on your body, it should be removed by grasping it close to the skin with tweezers or fingernails and pulling steadily. Pull upward with even pressure, careful to not twist or jerk the tick. If the tick brakes or is crushed, infectious parts and fluids may remain in the skin. Never handle ticks with bare hands as infectious agents may enter through mucous membranes or breaks in the skin, and always apply rubbing alcohol to the bite and wash hands afterwards with soap and water.

Known as the Pine Tree State, Maine is covered with many miles of wilderness. It is within this wilderness that resides the ever-present deer tick, but with the right precautions and the right knowledge, we can do our best to avoid ticks altogether and help prevent Lyme disease. And that alone that will make for a more enjoyable summer in and around Maine’s great outdoors.

For more information on Lyme disease and tick prevention please visit: www.cdc.gov/ncidod/dvbid/lyme/ld_prevent.htm.
 

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Posted on June 18, 2010 by Joe Bornstein

Muskie Fund Creates Access To Justice And Honors Dr. Robert McAfee

The Muskie Fund for Legal Services held their 15th annual Access to Justice Award Dinner on June 2nd. This year’s dinner honored Dr. Robert McAfee for his leadership in mobilizing healthcare providers to address the problem of family violence in our community.

Founded in 1995, the Muskie Fund for Legal Services celebrates the commitment of those who work for an access to justice on behalf of Mainers. Named after Maine Senator Edmund S. Muskie, the nonprofit organization supports legal services throughout the state while carrying out the legacy of the late senator who worked on behalf of poor, elderly, and disadvantaged Maine residents.

During his service as Chair of the Maine Commission on Legal Needs, Senator Muskie presided over public hearings designed to give poor Mainers a chance to voice their legal problems. Many were found to be frustrated by the lack of access to representation due to financial problems, and in 1990, Senator Muskie reported his findings alongside Governor John McKernan and Chief Justice Vincent McKusick. For the remainder of his life he worked to improve the situation.

Today, the dinner in Senator Muskie’s name attracts between 300 - 400 guests from Maine's business, legal and civil sectors. The Hon. Edmund S. Muskie Access to Justice Award honors “commitment to the public good, advanced through hard thinking, deep feeling, a voice of eloquent civility and a passion for justice.”

Money raised by the Muskie Fund supports six non-profit legal services providers which assist Maine's low-income and elderly residents:

The Law Offices of Joe Bornstein would like to extend a warm and heartfelt congratulations to Dr. Robert McAfee. His commitment to helping those in need makes him a worthy recipient and an inspiration to us all. May his hard work and dedication to the problem of family violence throughout Maine continue, and may the access to justice the Muskie Fund for Legal Services helps create give all Mainers equal rights.

For more information on the Muskie Fund for Legal Services and their annual Access to Justice Award Dinner, please visit: www.muskiefund.org.
 

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Posted on June 14, 2010 by Joe Bornstein

Maine Boating Safety Tips Help Summer Be Safe

With more than 6,000 lakes and ponds, 3,000 miles of coastline, and 32,000 miles of rivers and streams, few states can match the magnitude of water that Maine has to offer. And now that summer is in full swing, there’s no better time to enjoy our many great bodies of water.

Each year, boating adds approximately $153 million to the state’s economy. But with the additional revenue comes more watercrafts on Maine’s waterways. And with the increase in boats comes an increased amount of boating accidents.

In 2008, there were nearly 5,000 recreational boating accidents in the United States. According to the United States Coast Guard, the accidents resulted in more than 700 deaths, 3,000 injuries, and $54 million in property damage. Of the 700 deaths, over 500 were from victims who drowned without wearing a life jacket.

At the Law Offices of Joe Bornstein we see victims of summer boating accidents each year, which is why we want to help educate boaters on how to be safe on the open seas. Because when it comes to boating safety, a little education can be the difference between life and death.

The following are a few boating safety tips that all Mainers should know before they shove off from land:

  • All Maine boats must carry a current registration sticker from the state. 
  • Every boat should have one life jacket for each passenger on board.
  • Carry an emergency kit and cell phone, and be sure to tell someone where you are headed and when you expect to return.
  • Test your boat’s lights before leaving dock.
  • Make sure to have an anchor and know how to properly use it.
  • Slow down when near other boats, swimmers, and those enjoying the water. Your consideration will allow others to have fun.
  • Keep drinking to a minimum as most boat accidents are alcohol-related. Like driving a car, it is illegal to operate a boat with a Blood Alcohol Content level over .08.
  • Educate yourself on basic water safety and boating rules. The U.S. Coast Guard strongly recommends that every boat owner take an official boater education course.

If boaters can follow these simple safety tips, both their safety and that of others enjoying their time on Maine's waterways will be greatly improved. And at the end of the day, knowing that you had a safe and relaxing day out on the water is fun in itself, especially if you don’t rock the boat.

For more information on boating safety tips please visit: www.uscgboating.org.


 

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Posted on June 7, 2010 by Joe Bornstein

Click It Or Ticket Campaign Helps Save Lives

The two-week public safety campaign, Click It or Ticket, recently came to a close, but the effects may well last a lifetime. The campaign helps promote the use of seatbelts and increases awareness of their benefits.

Started in North Carolina in 1993, Click It or Ticket has spread nationwide. A recently approved $30 million grant from Congress for television and radio advertising helped promote the campaign which was observed from May 24-June 6. During the two-week window, police cracked down on seatbelt usage, or the lack there of, in an attempt to help save lives while educating the general public. Fines during the Click It or Ticket campaign for drivers and passengers not using their seatbelts ranged from $70 to $310.

In 1984, New York became the first state to make the use of seatbelts mandatory. By 1990, 37 other states had followed suit. Today, New Hampshire is the only state not to enforce a seatbelt law. In Maine, it is mandatory for drivers and passengers to wear a seatbelt at all times.

According to the National Highway Traffic Safety Administration (NHTSA), the use of seatbelts in passenger vehicles saved an estimated 13,250 lives in 2008. Of those, 714 were in Maine. Studies have shown that men ages 18-35, passengers, and those who drive at night are the least likely to buckle up. The NHSTA continues to say that “Regular seat belt use is the single best way to protect yourself and your family in motor vehicle crashes." In 2009, traffic deaths were the lowest since 1954.

At the Law Offices of Joe Bornstein, we see firsthand the effects of tragic car accidents. Our advice to you is to buckle up. And in the event that you, a friend, or a loved one is injured in a car accident, call us for a free and confidential consultation. You may be entitled to compensation.

It’s no secret that seatbelts save lives. Now, with the government’s help, everyone is benefitting from Click it or Ticket. And that’s a campaign with real promise for the future.

For more information on seatbelt safety and the Click It or Ticket campaign, please visit: www.nhtsa.gov/CIOT.
 

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