Maine Injury, Accident, & Disability Law Blog : Maine Personal Injury Lawyer & Attorney : Joe Bornstein Law Firm : Portland Bangor Maine

Maine State Police will be cracking down on impaired driving from August 20th - September 6th. In association with the National Highway Traffic Safety Administration (NHTSA), the nationwide safety campaign Drunk Driving. Over the Limit. Under Arrest will help educate Americans on the dangers of drinking and driving while attempting to put an end to it.

Each year, nearly 12,000 people die in accidents in which a driver was at or above the legal blood alcohol concentration (BAC) limit of .08. Recent studies show that 32 percent of fatalities in motor vehicle accidents involve an intoxicated driver, with the highest percentage of alcohol impaired drivers in fatal crashes age 21-24.

Approximately 10,000 police agencies nationwide will participate in this year’s Drunk Driving. Over the Limit. Under Arrest. campaign. Police departments in Maine will be aggressively looking for impaired drivers during the crackdown regardless of age, vehicle type or time of day, and setting up roadblocks at random times.

Violators will be arrested on the spot and could face jail time, loss of drivers license, or being sentenced to use ignition interlocks. In the least severe situation, drunk drivers will face increased insurance rates, attorney fees, court costs and lost time at work. In the most extreme cases, fatalities may occur.

The national Drunk Driving. Over the Limit. Under Arrest. campaign combines high-visibility enforcement with heightened public awareness through advertising and publicity. The educational campaign is supported by $31 million in national and state advertisements.

At the Law Offices of Joe Bornstein, we see firsthand the effects of tragic accidents involving alcohol on a regular basis. We applaud the National Highway Traffic Safety Administration for their efforts in preventing drinking and driving and would like to pass along their safety tips for a safe Labor Day weekend:

• If you plan to consume alcohol, designate a sober driver before going out and give that person your keys.
• If impaired, call a taxi, a sober friend or family member, or use public transportation to get you home safely.
• Wear a seat while in a car and a helmet and protective gear when on a motorcycle.
• If you know someone who is about to drive or ride while impaired, take their keys.
• Promptly report drunk drivers you see on the roadways to law enforcement.

The Drunk Driving. Over the Limit. Under Arrest. campaign is designed to keep both Mainers and the Maine roadways safe. So remember, the next time you’re in the precarious position of driving or riding with a driver who’s impaired, don’t be a statistic – Stay Safe and Arrive Alive!

For more information on the national safety campaign please visit: www.StopImpairedDriving.org.

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In attempt to help keep public safety workers safe and eliminate motorists from getting caught in accidents, Maine State Police are promoting Maine’s “Move Over” law.

First introduced in 2001, the “Move Over” law requires drivers to move into the passing lane or slow down when traveling by police cars, fire trucks, ambulances, tow trucks and other vehicles with flashing lights in the breakdown lane. Since 2003, 16 state police cruisers have been struck from behind while parked alongside the road.

Motor vehicle accidents are the number one killer of police officers while on the job, and each time an officer stops a motor vehicle or is at the scene of an accident there is the threat of being hit by a passing motorist. The danger exists on every road in Maine, and the chance of being seriously injured or killed increases as the speed and volume of traffic increases.

More specifically, the “Move Over” law states that an operator of a vehicle passing a stationary authorized emergency vehicle using an emergency light shall:

• Pass in a lane not adjacent to that of the authorized emergency vehicle
• Pass the emergency vehicle at a careful and reasonable speed

The fine imposed for not obeying the law is a minimum of $311 per violation.

At the Law Offices of Joe Bornstein, we see firsthand the end results of accidents and are happy to help promote Maine’s “Move Over” law. After all, emergency vehicles are working on our behalf in what are often precarious situations, it’s the least we can do to give them room to assist our fellow Mainers.

For more information on Maine’s “Move Over” law please visit:

http://maine.gov/dps/msp/Traffic%20Safety%20Page/move_over.html
 

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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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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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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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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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Complaints to the Maine state medical board are on the rise. In the last ten years, the board has seen an increase in complaints of nearly 50 percent with the current pace expected to reach a record high in 2010. In 2009, 224 formal medical complaints were made to the state board.

Patient complaints of physician negligence have grown steadily recently partly due to the relative ease of filing a complaint. Patients can now submit complaints online, over the phone or via mail. Online, patients can easily research information about physicians, disciplines, and licenses. According to the Federation of State Medical Boards, the rate of complaints has increased on average by double digits nationally.

Common complaints to the medical board include drug abuse, incompetence, and doctors developing sexual relationships patients. But as the number of formal complaints rises, the number of people reviewing the complaints has remained the same.

The Maine state medical board is made up of six physicians, three citizens, and a support staff of nine. Each complaint registered receives full board review, and in extreme cases can result in a revoked license, fine, and required substance abuse treatment. Often times, the complaint is passed on to the accused physician so he or she can be informed of their accused wrongdoing.

Some say that the increase in complaints is due partly to the difficulty of finding a lawyer who will handle a medical malpractice case. On occasion, the investment of time and money in a malpractice case outweighs the award.

At the Law Offices of Joe Bornstein, we work closely with several of the top medical malpractice attorneys in Maine. While doctors work to improve the overall well-being of mankind, they too are human and are capable of making mistakes. If you suspect you’ve been the victim of a medical malpractice, call today for a free and confidential consultation, you may be entitled to compensation.

With a statewide practice and five convenient offices in Biddeford, Portland, Lewiston, Augusta, and Bangor, the Law Offices of Joe Bornstein stands ready to help you get the justice you deserve.

The Law Offices of Joe Bornstein – Maine Lawyers Working For Maine People
 

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St. Mary’s Hospital in Lewiston is offering a unique service to residents of greater Androscoggin County. Those in need of medical equipment and unable to afford it are able to borrow various home healthcare equipment for free.

Medical Equipment To Go, or METGO, is a service provided by the hospital to area residents who are unable to buy or rent their own medical equipment. The equipment in stock covers many of the basic needs for home healthcare including crutches, canes, commodes, shower chairs, walkers, IV poles and wheelchairs.

Now in its second year, the program helps patients who are uninsured and those who Medicare denies covering the cost of equipment. The borrowing process is simple, as St. Mary’s asks those in need to fill out a form and will loan the equipment for an unidentified period of time. Some patients borrow equipment for a few weeks while they recover from an injury or illness, others use the equipment upwards of six months to a year.

The medical equipment is kept on site at the hospital in storage and is loaned out on a need-to-use basis. The borrower must make arrangements to pick up the equipment but is then able to keep it for as long as needed. Nearly all of the equipment is lightly used and donated by people in the surrounding area. METGO also accepts donations toward the purchase of new medical equipment to loan.

The entire METGO division of St. Mary’s hospital is run by a committee of volunteers. The dedication to providing Mainers help in a time of need is noble, and we at the Law Offices of Joe Bornstein salute and thank the kind people at St. Mary’s hospital.

To learn more about METGO or inquire about borrowing medical equipment, please visit: www.stmarysmaine.com/patient-guide/patient-centered-care/metgo.html.

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Be it on back road byways or the open lanes of I-95, motorcycles are back. And what better time to remind riders of safety than the beginning of season, which is why May is national Motorcycle Safety Month.

Unseasonable temperatures gave motorcyclists a head start to riding this year, but while riders are rejoicing, officials are concerned about the early start. Motorcycle accident fatalities have been increasing every year since 1997, while motorcycle injuries have been increasing since 1999. Typically, May is one of the deadliest months for bikers, as many begin riding again after taking the winter months off.

With over 5,000 fatalities and 100,000 injured bikers annually nationwide, motorcycle safety has become a national health concern. In 2007, motorcycles accounted for 13 percent of total traffic fatalities, while totaling fewer than 3 percent of the registered vehicles on the road. From 2005 to 2009, a total of 99 people died on Maine roads in motorcycle-related crashes, of which only four were women drivers. Maine had its first motorcycle death of the year on April 12.

The two biggest factors for motorcycle injuries and fatalities are age and helmets. As bikers get older, their reaction time begins to diminish. In 2007, 47 percent of motorcycle fatalities involved those over the age of forty. Baby boomers, who often have more disposable income and can buy bigger and faster bikes, are more likely to die than teenagers on sport bikes. The average age of those who died in a motorcycle crash last year was 46.

Other factors for the increase in fatalities is an up tick in registered motorcycles and the decision not to wear a helmet. Over the last decade in Maine, the number of registered motorcycles increased from 25,604 in 1998 to 51,414 in 2008, and a recent study found that motorcyclists are 37 percent less likely to die in an accident when wearing a helmet. Currently only 20 states require bikers to wear a helmet. Maine is not one of them.

The National Highway Traffic Safety Administration (NHTSA) developed a motorcycle safety campaign to help educate both bikers and motorists called, “Share the Road.” The campaign includes materials such as operator licensing manuals, public service announcements, brochures, pamphlets, posters, and links to educational websites.

Among the many motorcycle safety tips the NHTSA shares are:

• Motorcycles are small and often difficult for drivers to see. Position yourself in a lane where you will be most visible to other drivers and never ride in the “No Zone” or blind spots of tractor-trailers and automobiles. 
• Maintain proper distance from other motorists, as bikers are often affected by minor elements that may not phase a motorist, including pot holes, gravel, wet or slippery surfaces, grooved paving, and railroad crossings.
• Avoid riding in bad weather.
• Wear protective gear and consider wearing a Department of Transportation compliant helmet. Proper safety gear can help save lives.
• Use hand and turn signals together to draw more attention to yourself when turning.
• Obey the general safety rules of the road. 
• Get to know your owner’s manual; not all motorcycles are exactly alike.
• Always apply both the front and the rear brakes at the same time when slowing down. The front brake on a motorcycle can supply as much as 70 percent of your stopping power. 
• Ride in a staggered formation, never side by side, and never weaving in and out of traffic.
• Always keep at least a two-second following distance from the motorcycle directly in front of you.

Riding a motorcycle can be one of the most exhilarating feelings one can have. Hitting the pavement is not. With proper safety precautions, your fun ride can be a free ride, while being a safe ride at the same time.

And if you’ve been injured in a motorcycle accident, call the Law Offices of Joe Bornstein for a free and confidential consultation. You may be entitled to compensation. In over 35 years, the Law Offices of Joe Bornstein has helped over 15,000 Mainers get the justice they deserve.

To find a motorcycle refresher course near you please visit: http://nm.msf-usa.org/msf/ridercourses.aspx?state=ME.

“To be a motorcycle rider is to take on an extra sense of responsibility on the roads.”
- Maine Governor Jon Baldacci

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Most everyone loves their pets, often treating them as an additional family member. However, not all people take the proper safety precautions for them when driving.

Pet safety group, Bark Buckle UP, recently studied vehicles to see which are the most pet-safe. According to the study, the Ford Edge is the safest car on the road for pets.

Following the Ford Edge are the Chrysler Town and Country, Dodge Journey, Ford Flex, Ford Transit Connect, Kia Soul, Honda Element - which has a "dog friendly model" complete with ramp, rear car kennel, pet bed and fan, Smart Car, Subaru Outback, and Volvo XC60.

In Maine, it is illegal to drive while distracted. And while some states weigh whether to make it illegal for pets to sit on the lap of a driver or to roam freely in an automobile, Bark Buckle Up offers some safety tips to pet owners that will help protect their pets and their self.

• Train your pet to travel safely in the car when young.
• Always have your pet in the back seat of the car - though never in the bed of a pickup truck. This will stop your pet from moving around in the vehicle and possibly causing an accident.
• Never leave your pet unattended in a parked car. On warm days, the temperature in your car can rise as high as 120 degrees.
• Because cats are not as comfortable traveling in cars, they should be kept in a carrier for their own safety as well as yours.
• Pets who are allowed to stick their heads out the window can be injured by particles of debris or become ill from having cold air forced into their lungs. 
• Be sure your dog has enough room to stretch out comfortably. Once your dog has positioned himself in his "spot," tell him to stay. A favorite blanket, toys, and treats can help your dog stay put and keep from being bored. 
• Always travel with a filled water bowl.
• Stop frequently to let your dog relieve himself.

Since 2005, pet friendly lodging has increased 300 percent. Today, an estimated 82 percent of pets travel on vacation with their owners. More than ever, pet supply shops carry a wide range of travel harnesses that buckle into most standard seat belts to secure your pet safely and securely.

Pets left to roam free can cause accidents through sudden movements and risk injury when a driver is forced to stop short or navigate a sharp turn. It is estimated that when driving 35 mph, a 60-pound unrestrained dog can cause an impact of 2,700 pounds, slamming into a car seat, windshield, or passenger. If in the front seat, a dog’s head is too low for airbags as they were designed for adult humans. Should an airbag fail to deploy, a dog’s head could hit the windshield or be stuck in the space between the windshield and the dashboard. The pet may also escape the vehicle and cause a second accident or become agitated and bite the first responder that is on scene.

At the Law Offices of Joe Bornstein, we see firsthand the results of tragic accidents. Don’t let your pet be the reason behind a life-altering event. Just like a driver buckles up for safety, so should his or her pet. Today, with the safety measures available, it should be second nature for owners to take precaution and care for their pet when on the road. Because after all, dogs enjoy being man’s best friend.

For more information on travel safety for pets please visit: www.barkbuckleup.com.

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Spring is a joyful time in Maine. Mainers emerge from the depths of winter to make the most of the warmer weather. But with the warmer weather comes the end of hibernation for Maine’s wildlife as well. And the end of hibernation means animals are on the hunt for food.

In Maine, the sides of the road are among the first areas to green up in the spring, offering animals a source of food after a long winter of a bland diet. The salt found along roadsides left from winter is also appealing to moose, who are likely to be spotted feeding this time of the year.

With an estimated 30,000 moose in the state, second only to Alaska, and no real system of keeping them off the road, it comes as no surprise that there are approximately 700 moose related accidents annually in Maine. Due to their dark fur, moose are difficult to see at night, and their eyes are higher than most cars and do not catch or reflect light. With spindly legs and a powerful torso, if a car strikes a moose head-on it’s likely to break the animal’s legs, sending the body crashing through the car windshield. On average, an adult bull moose weighs as much as 1,600 pounds and stands 8 or 9 feet tall.

The peak time of the year for collisions between vehicles and moose is in May and June, with Aroostook County reporting the highest number of moose-car related crashes, followed by Piscataquis and Franklin counties. The lowest number of moose-car crashes is along the coast of Maine, where deer are more prevalent. However, crash statistics show that most accidents occur between dawn and dusk, when both moose and motorists are on the move, on dry straight roads throughout the state.

In an effort to educate Mainers on moose related accidents, the Maine Department of Transportation offers the following tips for driving during peak moose season:

• Be alert from dawn to dusk. That’s when the majority of moose related accidents occur.
• Use high beams whenever permitted.
• Reduce speed and scan the roadside when driving at night.
• Take notice of any warning signs such as moose crossing signs or the reflection or shadows of animals.
• Expect to see other moose when you see one, as they often travel in families.
• If a moose is stopped in the road, do not get out of your car. Give the moose room and it will eventually return to the woods.

Moose related accidents are often unavoidable and fatal. Some of the steps the state has taken to reduce car-moose crashes include:

• Warning signs.
• A public education campaign that includes posters, brochures and educational videos.
• Fencing along roadways, including Interstate 95.
• Cutting and applying herbicide to roadside vegetation to reduce sources of food.
• Painting wider reflective lines marking the edge of the roadway in areas highly populated with moose such as Greenville and Rangeley.
• Expanded moose hunts.

If a crash is unavoidable, motorists are advised to:

• Apply the brakes and let up just before impact.
• Aim to hit the back end of the animal if possible.
• Duck to minimize injury.

Spring is a joyful time in Maine, but that goes for both Mainers and our wildlife. So the next time you’re out driving, act like a tourist and be on the lookout for Maine’s beloved state animal, knowing full well it could save both your life and the animal’s life.

For more information on moose related car accidents please visit: http://www.theheartofnewengland.com/lifeinnewengland/Tips/moose-driving-tips.html.
 

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Auto insurance is mandatory in all U.S. states but two, New Hampshire and Wisconsin. But despite being a requirement for most Americans, rates vary state-to-state and person-to-person. A recent report by the National Association of Insurance Commissioners ranked Maine as one of the lowest cost per auto insurance compared to all other states.

In 2009, the average auto insurance premium in Maine was $902.85. Louisiana, in comparison, was the highest in the U.S. with an average premium $2,510.87.

There are several reasons why auto insurance rates vary person-to-person and state-to-state. Determining factors include:

• Driving history 
• The kind of car you drive
• How old you are 
• Your gender
• Your marital status 
• Where you live

In general, Maine has low commuter mileage, ultimately making roadways less crowded, resulting in fewer accidents. Nearby, Vermont, New Hampshire and Massachusetts are the 2nd, 5th and 7th lowest respectively.

Insurance companies have recently begun basing their rates on the safety records of the make and model of vehicles as well, including:

• Crashworthiness
• Safety features (i.e. airbags, automatic seatbelts, anti-lock brakes)
• Risk of theft
• Cost to repair 
• Age of the vehicle

Getting several tickets or being involved in an accident can also raise insurance rates depending on the severity. Also, cars used for pleasure tend to have lower premiums than those used for business, as the more you drive your car the more likely you are to get into an accident.

Traditionally, males under 25 are considered the highest risk group, and often those under 25 will have higher than average premiums due to the lack of driving experience. The best rates are found for those between the ages of 35-50 with no tickets or prior accidents. In the insurance industry, these drivers are seen as safe and are offered lower premiums.

In Maine, state law requires minimum Bodily Injury Liability limits of $50,000 per injured person up to a total of $100,000 per accident, Property Damage Liability coverage with a minimum limit of $25,000, and a Medical Payments minimum of $1,000. Medical Payments coverage helps pay for medical related expenses for those injured in an accident while riding in or driving your car.

The state of Maine follows a Tort system meaning someone must be found to be at fault for causing the accident, and that person and their insurance company is responsible for all of the damages.

At the Law Offices of Joe Bornstein, we know that dealing with insurance companies can be difficult. In over 35 years, we have helped over 15,000 injured and disabled Mainers. If you have questions about auto insurance or an injury claim suffered from an accident, call us toll-free at 1-800-CALL-JOE (1-800-225-5563) for a free and confidential consultation. With five convenient offices, a statewide practice, and over 50 legal professionals, the Law Offices of Joe Bornstein can help you sort out the facts of your insurance rates and help you with your injury claim.

The Law Offices of Joe Bornstein – Maine Lawyers Working For Maine People
 

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Healthy Homes, Healthy Families recently sponsored a two-part class on the hazards of lead in Lewiston and Auburn. According to the Maine Childhood Lead Poisoning Prevention Program, Lewiston-Auburn has the highest number of lead poisoned children in Maine.

Lead poisoning is a serious environmental hazard that can lead to learning disabilities and behavioral problems that can last a lifetime. Children are most vulnerable, with lead dust being the main cause.

More than 60% of housing in Maine may have lead paint in it. Those that live in older homes with chipped paint are at the greatest risk and most poisonings that occur in rental property are due to paint in poor condition. Any building or home built before 1950 is likely to contain lead paint.

Lead dust from paint happens in three ways:

1. Lack of maintenance
2. Normal wear and tear
3. Scraping or sanding lead paint

Lead effects many of the body’s organs and tissues, including the heart, bones, intestines, kidneys, and reproductive and nervous systems. Symptoms of lead poisoning usually develop over weeks to months as lead builds up in the body during a chronic exposure, but acute symptoms from brief, intense exposures also occur. Classic signs and symptoms in children are loss of appetite, abdominal pain, vomiting, weight loss, constipation, anemia, kidney failure, irritability, lethargy, learning disabilities, and behavior problems.

In most cases, lead poisoning is preventable. Frequent hand washing, an increased intake of calcium and iron, discouragement from putting hands to mouth, vacuuming frequently, and removing lead-containing objects from the house such as blinds and jewelry are a good place to start. Lead pipes can also be replaced and lead testing kits are available for detecting the presence of lead in a household.

If a child is poisoned on a rental property, the landlord must pay for the abatement of the property and the expense of relocating the family. Prior to renting a property built before 1978, State and Federal laws require the landlord must provide you with the following booklets:

• Protect Your Family from Lead in Your Home
• Maine Lead Disclosure Form

If the building has been tested for lead, the landlord is required to tell you and you have the right to see the results.

Lead dust is preventable. Proper maintenance and testing can help prevent lead poisoning, and free classes are often offered to help Mainers get a better understanding of the potentially harmful disease. In general, keeping paint in good shape is the best way to prevent lead poisoning.

If you or a loved one has been the victim of lead paint poisoning due to a rental home or apartment, call the Law Offices of Joe Bornstein today, you may be entitled to compensation. Often, a landlord’s liability insurance covers injuries resulting from lead paint poisoning. Call us today to speak with one of our legal professionals to find out how we can help you.

And for more information on lead poisoning prevention in Maine or to find an upcoming safety class near you, please visit: www.maine.gov/dep/rwm/lead.
 

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Maine has many miles of rural land with many farms, barns, and stables. With warm weather nearing, more and more horses will soon be out and about on our roadways. Therefore, it’s important to know the rules of the road both for horses and their riders, as well as approaching drivers.

Horses are prey animals, which means they react to their surroundings. They can be frightened or startled by loud noises, bicycles, barking dogs, cars, trucks, and just about anything around them. Horses react instinctively, potentially causing unforeseen circumstances. For the safety of all, when near horses, it is wise to expect the unexpected.

There’s no age requirement to ride a horse on the road and by law riders do not need to wear reflective gear at night, so it’s important for both drivers and riders to be careful. Doing so will help prevent injury to all parties involved.

The following is a summary of the Maine statutes and laws regarding animals on our public ways:

• Horses are allowed to be ridden on all roads unless there's a sign indicating otherwise. 
• A person riding an animal or driving an animal-drawn vehicle on a public way has the rights and must obey the laws of a motor vehicle operator. When a rider has dismounted, he or she is considered a pedestrian and the horse an animal.
• It is illegal for a driver to operate a motor vehicle in a manner to annoy, startle, harass or frighten an animal being ridden or driven on or near a public way.
• It is illegal for a driver or person in a motor vehicle to throw an object or substance from the vehicle toward an animal being ridden or driven on or near a public way.
• When someone riding, driving, or leading an animal that appears to be frightened signals by putting up a hand or other visible sign, a driver approaching from the opposite direction must stop and remain stationary allowing the animal to pass. When traveling in the same direction, the operator must use reasonable caution in passing an animal.

Riders must also observe common sense practices when sharing the road and trails:

• Whenever possible, do not ride alone. If you must, leave information with someone telling where you plan to ride and when you expect to return.
• Always carry a cell phone, halter and lead line, and a flashlight when riding.
• Use hand signals when crossing roads. 
• By law, you do not need to have any form of lightening on your horse, but it is advised to use safety gear when night riding, including reflective vests, quarter sheets and bandages.
• If a horse is frightened or in trouble, you should signal to motorists and others so that they can respond appropriately.
• Bring along a plastic bag and scoop to pick up your horse’s manure on the trails and roadways.
• Be aware of the traffic around you. Drivers have the benefit of rear view mirrors, riders do not. 
• Give clear hand signals.
• It is illegal to use your mobile phone while riding along roads. 
• If your horse shies or starts playing up, get off immediately.

Riding on the road is common practice in Maine and often unavoidable when travelling from stable to trail. But by using common sense and knowing the rules of the road, both the driver and horse and rider’s travels will be much safer.

And that’s the kind of enjoyment we all want with the warm weather.

For more information on the rules of the road regarding horses and their riders please visit: www.horserides.org/horse-road-safety.html.
 

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A new federal law prohibits truck and bus drivers from sending or reading text messages while driving.

The new law was established to help reduce the number of accidents involving “big rigs” and is effective immediately. Truck and bus drivers who text while driving commercial vehicles will be subject to fines upwards of $2,750.

According to the Federal Motor Carrier Safety Administration, drivers take their eyes off the road for an average of 4.6 out of every 6 seconds while texting. At 55 miles per hour, this results in a driver traveling the length of a football field, including end zones, without looking at the road. The research also shows that drivers who text are 20 times more likely to get in an accident than those who keep their eyes on the road. In 2008, nearly 6,000 people died in crashes involving a distracted or inattentive driver, and more than 500,000 were injured.

Nineteen states, plus the District of Columbia and Guam, have passed laws banning texting while driving. Six states, plus the District of Columbia and the Virgin Islands, ban the use of handheld devices while driving. Now, no matter where in the U.S., truck and bus drivers cannot send or read text messages while driving.

Currently in Maine, it is illegal to drive while distracted. The fine for a single traffic infraction can range up to $500 with the surcharges and fees added to the original ticket amount. Examples of distracted driving include: using a cell phone or GPS device, eating, and applying makeup.

At the Law Offices of Joe Bornstein, we see firsthand the results of truck accidents and bus accidents. If you’ve been injured in an accident as a result of someone else’s negligence, call us today for a free and confidential consultation. You may be entitled to compensation.

And the next time you’re behind the wheel, save the distractions for a time when it’s safe to do so, such as the side of the road or at your final destination. It just may save your life.

For more information on distracted driving, including the different laws for each U.S. state, please visit the federal website: www.distraction.gov.

The Law Offices of Joe Bornstein – Maine Lawyers Working For Maine People

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Distracted drivers have generated much attention over the past few years -- Enough to get many states to ban cell phone usage and text messaging while operating a motor vehicle. Lately, however, a new phenomenon has emerged: distracted walking.

As cell phones, MP3 players, and other mobile devices become more and more ubiquitous, there has been an increase in injuries suffered by pedestrians. People everywhere can be seen walking while talking on cell phones, sending text messages, listening to music, and surfing the web. What they are seemingly failing to see, is what’s right in front of them.

In 2008, more than 1,000 pedestrians visited emergency rooms because they were injured while walking and talking or walking and texting. The number is double that of 2007, which is twice as much as 2006. Along with the increasing number of injuries is the number of people with mobile devices, both of which show no signs of slowing.

Most injuries suffered by distracted walkers are minor, such as bumps, bruises, sprains and fractures, but in the most extreme cases, the injuries can be fatal. The majority of the injured are under the age of 30, those who spend the most amount of time with their various gadgets, but over a quarter fell under the baby boomer category. Deaths have been reported of people who walked into oncoming buses, trains, and trucks while listening to music and talking on the phone.

Researchers have found that the problem isn’t only a matter of misstepping while multitasking, it’s that talking or texting has a cognitive effect on people, capturing much of their awareness. Some people are so oblivious to their surroundings when engaged with a mobile device that they fail to see life unfolding around them. Researchers call this phenomenon “inattention blindness.”

In California and Texas, campaigns have sprouted warning pedestrians to be focused on the task at hand and put safety first. In accidents that are caused by pedestrian distraction, not only is the pedestrian putting himself or herself in harm’s way, but also those in nearby vehicles, crosswalks, and sidewalks. And cell phones aren’t the only way pedestrians can be distracted, looking in a different direction than you’re headed, eating on the run, attempting to find something in a backpack or luggage, and being lost in thought can also disrupt one’s walk.

At the Law Offices of Joe Bornstein we see firsthand injuries suffered by pedestrians. If you’ve been injured by the negligence of someone else, call us today for a free and confidential consultation. You may be entitled to compensation.

And remember, if it would distract you while you’re driving, it will distract you while you’re walking. That and keeping your focus may just keep you out of the emergency room, which is a distraction nobody needs.
 

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Driving during the winter can be dangerous. Roads are slick with snow and ice, and it gets dark early, limiting one’s visibility. And despite the fact that many Mainers have lived in-state for much of their lives and have experience with winter driving, it’s important to refresh oneself on how to best navigate the slippery season.

At the Law Offices of Joe Bornstein, we see firsthand the effects of dangerous winter driving. The results often do not paint the picture of a winter wonderland. But by being careful and following a few winter driving tips, you’ll be much more apt to make it from point A to point B safe and sound. Because with only a few winter storms under our belt, it’s inevitable that Maine has many more to go.

The following is a list of winter driving tips that all Mainers should follow: 

• Avoid unnecessary driving during storms. If you must travel, allow time for maintenance trucks to plow, salt, and sand the roads.
• Do not assume that your vehicle can handle all conditions. Even four-wheel drive cars and trucks can encounter trouble on slick roads.
• Keep at least three times more space than usual between you and the car in front of you. A distance of 10 seconds or more between you and the next car is considered safe.
• Look ahead to anticipate actions well before they happen. 
• Use low gears to keep traction, especially on hills and unplowed roads.
• Do not use cruise control on slick roads.
• Be careful on bridges, overpasses and infrequently traveled roads, which will freeze first. Even at temperatures above freezing, if conditions are wet, you might encounter ice in shady areas or on exposed roadways. Black ice is commonly found on roads winding around lakes and rivers, in tunnels, on bridges, and in highly shaded areas. 
• When you find yourself on ice, avoid braking if possible. Try to remain calm if you experience a skid, and look and steer in the direction you want to go. 
• If you find yourself stuck in snow, do not spin your wheels – this will only make you dig deeper. Instead, turn your wheel side-to-side to clear snow out of the way and then lightly press on the accelerator. If necessary, shovel away snow and put down kitty litter to help with traction. 
• Keep a charged cell phone and fully stocked winter driving kit in the event of an emergency.

With many more storms in the forecast this winter, it’s important to be prepared in case you find yourself driving in the middle of one. Because after all, snow may look nice covering trees and mountains, but it paints a whole other picture on the road.

And if you’ve been injured in a car accident by the negligence of someone else, call the Law Offices of Joe Bornstein today for a free and confidential consultation. You may be entitled to compensation. In over 35 years, the Law Offices of Joe Bornstein has helped over 15,000 Mainers get the justice they deserve.

The Law Offices of Joe Bornstein – Maine Lawyers Working For Maine People

Even during the depths of winter.
 

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It’s inevitable that car accidents happen. Even with proper safety precautions, accidents happen daily. With hope, they won’t include you or a loved one, but they are, however, accidents. And the worst part is that they’re unpredictable.

While no one expects to be in an accident, it’s important to be prepared in the event that one occurs.

At the Law Offices of Joe Bornstein, we see firsthand the effects of auto accidents on a daily basis. In over 35 years, we have helped over 15,000 Mainers get the justice they deserve, which is why we’d like to pass along the following tips for what to do in the event that you’re in an accident. After all, accidents happen – we just hope they don’t happen to you.

Ten Important Steps To Take When In An Accident:

1. Stop – State law requires you to remain at the scene of an accident.
2. Take Safety Precautions – Use flags, flares, cones, etc., to warn oncoming drivers of your accident, preventing further accidents.
3. Medical Attention – See that any injured parties receive medical attention immediately. If you have any symptoms or injuries, seek medical attention immediately. This protects your health and documents the injury.
4. Call The Police – Contact the State, local or city police. Give the facts of the accident to the police but do not admit responsibility.
5. Identify Other Drivers – Obtain the name, address, phone number, and insurance information of all other parties involved in the accident. 
6. Verify Information – Make sure the driver’s license is current and the registration number matches the license plate number on the vehicle for all drivers involved.
7. Identify Witnesses – Get the names, addresses, telephone numbers, and comments of everyone who witnessed the accident.
8. Note Details of Accident – Make note of time, weather, road and light conditions, length of skid marks, and make a diagram of the accident scene. 
9. Take Pictures – Use a digital camera or the camera on your cell phone to take pictures of the accident. Take as many pictures as possible from varying angles and distances to capture the accident scene, damage to cars, nearby road signs and landmarks, skid marks, debris in the road, and all other pertinent evidence. Keeping a disposable camera in your glove compartment is also a good idea.
10. Contact Your Insurance Company And The Law Offices Of Joe Bornstein – In over 35 years, we have helped over 15,000 Mainers get the justice they deserve. Contact us today at 1-800-CALL-JOE to find out how we can help you.

If you’ve been in an accident caused by the negligence of someone else, call the Law Offices of Joe Bornstein today for a free and confidential consultation. You may be entitled to compensation.

And the next time you’re on the road, be alert and be aware, and be prepared in the unfortunate event that you’re in an accident.

The Law Offices of Joe Bornstein – Maine Lawyers Working For Maine People

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After nine deaths in the 2009 season, the state of Maine is stressing snowmobile safety this winter. The safety campaign is asking snowmobilers to “ride right, ride smart, and ride responsibly.”

Snowmobiling is one of Maine’s favorite pastimes. With 13,000 miles of signed trails in the state, there’s an abundance of room to ride for the 100,000 registered snowmobiles. Yet despite the land reserved for riders, it’s up to snowmobilers to maintain their safety.

The Maine Department of Inland Fisheries and Wildlife and Maine Snowmobile Association worked together to create a new Public Service Announcement (PSA) that promotes snowmobile safety. The PSA speaks of the good times snowmobile riding provides and warns of the inherent dangers. In addition to the fatalities, many more snowmobilers are injured each season.

The good news is that the Maine Warden Service patrols Maine’s trails to protect our riders. Last year, Warden’s conducted 46,000 safety inspections, issuing 850 violations, including 30 arrests for operating under the influence of alcohol. The Warden’s services help look out for those that practice safe riding.

At the Law Offices of Joe Bornstein, we see firsthand the results of risky and dangerous riding. Each year, many Mainers are seriously injured in snowmobile accidents, which is why we’d like to offer you a few snowmobile safety tips.

• Speed – While there is no speed limit on trails, it’s important to keep your machine under control. Remember to slow down when you approach other sledders, come to a curve, bridge, or rise in the trail. Sledders are judged by the standard of "reasonable and prudent speed for the existing conditions." It is illegal to operate a snowmobile in a manner which endangers another person or property. 
• Drinking and Driving – Like operating any other motor vehicle, for those over the age of 21, it is illegal to ride a snowmobile with a Blood Alcohol Content over .08 percent. 
• Law Enforcement – It is mandatory to stop for game wardens, foresters, rangers, and local law enforcement. 
• Lights – All snowmobiles must have headlights and rear lamps. They must be on during the time period 30 minutes after sunset until 30 minutes before sunrise. It is advised to keep your headlights on at all times.
• Wildlife – Yield to all wildlife on the trails and keep your distance. The wilderness is their natural habitat and they have the right of way.
• Preparation – It is advised to carry a trail map with you at all times and tell someone where you are sledding. Dressing in layers will help keep you warm when cold and cool when hot, and it is advised to carry an emergency kit that includes a few necessary repair tools. 
• Safe riding – Always wear a helmet and never ride alone. Take caution when crossing public roads or travelling over bodies of water, and never try to hurdle snow banks. You are most in control of your sled when it’s on the ground.

Safe riding is the beginning and end to an enjoyable day on a snowmobile. By taking the proper safety precautions, all of your rides can be fun, and bring you home safe and sound at the end of the day.

And the next time you’re out on the trail, “ride right, ride smart, and ride responsibly." It just may save your life.

To view the Maine Department of Inland Fisheries and Wildlife and Maine Snowmobile Association’s Public Service Announcement please visit: www.youtube.com/watch?v=nGIFqBCepv0&feature=player_embedded
 

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On January 1st, New Hampshire became the latest state to make texting while driving illegal. Maine’s southerly neighbor joined the ranks of seventeen other states, Guam, and the District of Columbia, where driver safety is of utmost importance. In New Hampshire, the fine for texting while driving is $100.

Though not yet illegal in Maine, texting while driving is a dangerous distraction. As other states, including Maine, debate legislature to make texting while driving illegal, it’s safe to say that it’s only a matter of time before being banned in all fifty states. Currently in Maine, it is illegal to drive while being distracted.

The ban in New Hampshire also forbids twittering, typing on a laptop computer, and using other electronic devices that require drivers to take their hands off the steering wheel and eyes off the road. Some states have even gone so far as to ban cell phone usage while driving unless done so using a hands-free set. Regardless of the state and regardless of its current laws, multitasking while driving is extremely dangerous.

A study conducted by the Virginia Tech Transportation Institute found that the risk of collision by a truck driver is 23 times higher when he or she sends or reads text messages. When that same driver is talking on a cell phone, the risk is 7 times higher. Studies in New Hampshire have shown that crashes involving distracted drivers and drivers who cross the center line account for 21 percent of driver fatalities.

In 2009, a crash between a commuter train and an oncoming freight train killed 25 people in California. Federal investigators found that the conductor who was distracted and ran a red light, sent a text message 22 seconds before the accident occurred.

At the Law Offices of Joe Bornstein, we see firsthand the effects of fatal accidents. Don’t be a statistic, keep your eyes on the road and take care of communications prior to your travel or pull off to the side of the road. In the event that you or a loved one are injured in an accident caused by someone else’s negligence, call us for a free and confidential consultation. You may be entitled to compensation.

And remember, the next time you’re behind the wheel, an aware driver is a safe driver. And consider that if our neighbor, New Hampshire, whose state motto has long been "Live Free or Die," is banning texting while driving, it is for good reason.

For more information on Maine state driving laws, please visit: www.drivinglaws.org/maine.php
 

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A new poll by CBS News shows that nearly all Americans think texting while driving should be illegal. According to the poll, 97% of those surveyed feel the dangers and risks of texting while driving and the subsequent results are enough to warrant punishment.

Currently, in Maine, it is not illegal to text while driving. It is, however, illegal to be distracted while driving. The new distracted driver law which went into effect on September 12, 2009 encompasses all potentially distracting actions. While not illegal to talk or text on the phone, eat, drink, apply makeup or other such actions while driving, it is illegal if one causes an accident or is deemed to be driving distracted by a police officer.

According to the Virginia Tech Transportation Institute, drivers are 23 times more likely to get in an accident when texting. Many safety experts are comparing texting while driving to drinking and driving. In 2008, nearly 12,000 Americans died in alcohol related crashes, or 31 percent of total road fatalities. Fines for driving distracted are $119.

Though texting while driving is not yet illegal in Maine, it is without a doubt dangerous. Currently, 14 states in the U.S. have a ban on any texting while driving, with many state legislatures investigating the inherent risks. In Maine, it is illegal for a driver under the age of 18 to use a cell phone in any capacity while driving.

At the Law Offices of Joe Bornstein, we see firsthand the results of distracted driving on a daily basis. If you’ve been injured in an accident by someone else’s negligence, contact us today for a free and confidential consultation. You may be entitled to compensation.

And the next time you’re driving on the highways and byways of Maine, put down your phone and pay attention to the task at hand. In addition to saving you a $119 distracted driver fee, it may just save your life.

For more information on Maine driving laws please visit: http://www.maine.gov/portal/travel/transportation/highways.html

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Despite more distractions than ever for drivers on the road, car accident fatalities are declining. According to the National Highway Transportation Safety Administration (NHTSA), the rate of driver fatalities is at the lowest it’s been since the government began tracking such data in the 1970’s.

The current recession is a contributing factor to the decrease in driver fatalities, as fewer miles are driven during a downward economic trend. Though despite the smaller number, adjusted figures show that the decrease in fatalities isn’t only because fewer people are on the road. In the first quarter of 2009, for every 100 million vehicle miles traveled there was an estimated 1.1 deaths. By comparison, in 2005, a year in which over 43,000 people died on the roads, that number was 1.45. If current trends continue, it's foreseeable that fewer than 35,000 people will die on U.S. highways in 2009, a number no one could have imagined a decade ago.

Other contributing factors to the decreased number of driver fatalities include:

• An increased use of seatbelts due in part to the “Click it or Ticket” campaign.
• Fewer occurrences of drinking and driving thanks to national awareness campaigns.
• More cars now come with airbags, including side, head and torso protecting air bags.
• Electronic Stability Control and antilock brakes are increasingly more common. 
• Increased highway safety such as rumble strips and barriers to prevent drivers from drifting across lanes.
• New driver distraction laws that make it illegal to be distracted while driving.

Locally, in Maine, the highest rate of driver fatalities in the last ten years was in 2002, when the number of deaths per 100 million vehicle miles driven was 1.5. In 2006, the most recent data available, that number dropped to 1.2. Today, safety regulators are closer to reaching their long term goal of 1.0, a number once said to be unachievable.

At the Law Offices of Joe Bornstein, we specialize in auto accidents and personal injury claims. If you or a loved one has been injured in an accident caused by someone else’s neglect, call us today for a free and confidential consultation. With a staff of eight lawyers and nearly 50 legal professionals, the Law Offices of Joe Bornstein has helped over 15,000 Mainers get the justice they deserve.

The Law Offices of Joe Bornstein – Maine Lawyers Helping Maine People 

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Prior to September 12, 2009, game wardens in Maine could stop an all-terrain vehicle (ATV) regardless if a violation had occurred. Now, a warden must have reasonable suspicion that an operator has violated the law before stopping an ATV.

The new law reverses that of the Maine Supreme Court which allowed game wardens to stop ATV operators regardless of whether a violation had happened. Though the new law is more lenient than that of the past, respecting the privacy of the rider, concern for public safety is on the rise. For the eighth consecutive year serious injuries from ATV accidents increased.

Since 2001, there has been a 37 percent increase in ATV accidents nationwide that resulted in a visit to the emergency room. Unfortunately, children under the age of 16 continue to represent a significant number of the victims. In 2008, there were nearly 900 ATV accident related fatalities in the U.S.

Due to the rising number of ATV accident related injuries, the Law Offices of Joe Bornstein would like to pass along the following rules, regulations, and safety tips for ATV riders. By abiding by the law and taking precaution, we hope your next trail ride will be both safe and fun.

Maine ATV Laws:

• By law, all operators under 18 must wear a helmet. 
• Registration is required for all ATVs, except those used solely for agricultural purposes or operated on the owner's land. 
• Registration must be renewed annually. 
• All operators under 16 must have a safety training certificate and be under direct supervision of an adult to operate on any land outside of their parent’s property. 
• No one under 10 may operate an ATV unless on a parent’s land. 
• ATVs may not be operated on public roads except to cross the road.

ATV Safety Tips:

• Always wear protective gear to prevent injuries, including helmets, goggles, gloves, long-sleeved shirts, long pants, and boots.
• Do not ride ATVs with a passenger. Most ATVs are designed for one person. The addition of a second person can throw off the driver’s balance, as ATVs require drivers to adjust their weight accordingly when they ride.
• Avoid riding ATVs on paved roads as they are designed for off-road riding. 
• Do not permit children to ride or drive adult ATVs. They are too large and difficult to control for youngsters.
• Never drive an ATV under the influence of drugs or alcohol.
• Take an ATV safety class to brush up on proper techniques, riding tips, and operational procedures.

Though the new ATV law protects the rights of the rider, it’s important to play it smart and play it safe when you’re out and about riding your favorite four-wheeler. As the old adage goes, it’s better to be safe than sorry.

At the Law Offices of Joe Bornstein, we’ve represented hundreds of Mainers injured in ATV accidents. If you or a loved one has been injured in an ATV accident caused by the negligence of someone else, call us today for a free and confidential consultation. You may be entitled to compensation.

The Law Offices of Joe Bornstein – Maine Lawyers Helping Maine People
 

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According to the National Highway Traffic Safety Administration (NHTSA), motorists in rural areas are more likely to die in motor vehicle accidents than those in urban areas.

Despite more motor vehicle accidents occurring in congested areas, and only 20 percent of the population living in rural areas, 60 percent of traffic fatalities happen on rural roads. One major factor for the high percentage of traffic fatalities is the amount of miles driven. Because homes, schools, businesses, and neighboring towns are spread out, more time is spent behind the wheel. With greater distances to travel, more often than not speed limits are higher, leading to more serious accidents. Typically, there is no public transportation in rural areas.

Another major factor for traffic accident fatalities on rural roads is the lack of seatbelt usage. In 2008, half of the accident victims were not wearing a seatbelt. And, in the event that there is an accident, the time it takes for emergency services to reach an accident scene and transport those in need to a hospital is increased. In rural areas, the average time is nearly twice that of more populated areas.

Other contributing factors to the high percentage of traffic accident deaths in rural areas are that roads are often less maintained and that there are more incidents of drinking and driving. And while redesigning rural roads to make them safer may be cost-prohibitive, some states are retrofitting roadways with rumble strips, grooves, or raised patterns to alert drivers.

As winter approaches, and with it inclement weather, Mainers must be more cautious when driving. Though some locals may say tourist season, winter is the worst time for driving in Maine. Accidents occur daily, and far too often, fatally. Overall, Maine ranked fourth in the U.S. in fatal traffic accidents in rural areas. According to NHTSA statistics, out of the 155 fatal driving accidents in Maine last year, 90 percent occurred on rural roads.

If you or a loved one has been injured in a car accident caused by the negligence of someone else, call the Law Offices of Joe Bornstein today for a free and confidential consultation. In over 35 years of practice, we have represented thousands of Mainers who have been injured or killed in motor vehicle accidents. With a statewide practice and five conveniently located offices, the Law Offices of Joe Bornstein is proud to represent Mainers from the busy streets of Portland to the greener pastures of Aroostook County.

And the next time you’re out on the rural roads, be alert, be careful, and be safe. It just may save your life.

The Law Offices of Joe Bornstein – Maine Lawyers Helping Maine People

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Pedestrians, by law, now have more room to run and walk when on the road. A new law protecting pedestrian safety states that drivers must leave at least three feet of clearance between their vehicle and a pedestrian when passing. The decree is a continuation of a similar law for passing bicyclists.

The new law went into effect on September 12th and is being considered by many as an awareness act. Known as “An Act To Improve the Health of Maine Citizens and Safety of Pedestrians," drivers must now be more cautious of their actions around pedestrians or they will be fined.

Runners and walkers are required by Maine law to use a sidewalk when available. When one is not, they must travel facing traffic in the road’s shoulder. Bicyclists, however, must ride on the street with the flow of traffic. A driver may pass a pedestrian in a no-passing zone only when it’s safe to do so.

At the Law Offices of Joe Bornstein we see firsthand the results of pedestrian and bicycle accidents. The results are disheartening as a pedestrian is no match for a moving vehicle. So the next time you’re on the road and see a pedestrian or bicyclist enjoying the fresh Maine air, give them some room to breathe, because now it’s the law.

For more information on the new law protecting the safety of pedestrians please visit: http://www.mainelegislature.org/legis/statutes/29-A/title29-Asec2056.html.

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Beginning September 12, a new Maine law will help alter the course of accidents. Now, no longer can a driver operate a vehicle while distracted without being penalized.

The new distracted driver law is an attempt to cut down on accidents in Maine. Many states have previously banned the use of cell phones or text messaging while driving, however, Maine isn’t looking to technology as the root of the problem. It is instead hedging the most common denominator, drivers being distracted.

An estimated 12,000 accidents occur each year in the state of Maine due to a distracted driver, or roughly one-third of the total accidents in the state. Nationwide, the number soars to an estimated 5 million. State and local police will now be on the lookout for drivers who are acting carelessly or are distracted while driving and impose fines. A first offense of the new law carries a $50 fine, a second can be upwards of $250.

There is no set standard as to what qualifies as being distracted, rather it is open to an officer’s discretion. If an officer sees a distracted driver, he or she will pull you over. Distractions that have been known to cause accidents include:

• Use of cell phone
• Use of GPS system
• Changing the radio 
• Eating
• Applying make-up
• Brushing your teeth
• Fooling around with friends

The new law does not attempt to stop driver actions, it instead hopes to minimize their effects and keep both drivers and pedestrians safe. For those that concentrate on the road, they will be in the clear. For those that are easily distracted or preoccupied, they will be fined.

At the Law Offices of Joe Bornstein we see firsthand the results of motor vehicle accidents. In attempt to maintain your health and the overall safety on the highways and byways of Maine, we’d like to offer you the following driving advice:

Keep your eyes on the road and hands upon the wheel.

For more information on the new distracted driver law please visit: www.drivinglaws.org/maine.php.
 

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For as pretty and as sought after as the state animal may be, moose can present quite the problem for Mainers. Growing upwards of nine feet and weighing nearly 1,600 pounds, moose may be a joy to look at, but certainly not to run into.

With an estimated 30,000 moose in the state, second only to Alaska, and with no real system of keeping them off the road, it’s little wonder why there are approximately 700 moose related accidents annually in Maine.

After a bland winter diet, moose are drawn to the roadside at the first signs of spring, where they find a mixture of greens in wetlands and remnants of salt left from the season passed. Due to their dark fur moose are difficult to see at night, and with spindly legs and a powerful torso, if a car strikes one head-on it’s likely to break the animal’s legs and send the body crashing through the windshield.

Even though the vast majority of moose reside in northern Maine, it is advised to be cautious wherever you drive. While there may be less moose in the southern part of the state, there is however more congestion, meaning the likelihood of a moose causing an accident is increased.

In regard to public safety, the Maine Department of Transportation offers the following tips for driving during peak moose season:

• Be alert from dawn to dusk. That’s when the majority of moose related accidents occur.
• Use high beams whenever permitted.
• Reduce speed and scan the roadside when driving at night.
• Take notice of any warning signs such as moose crossing signs or the reflection or shadows of animals.
• Expect to see other moose when you see one, as they often travel in families.
• If a moose is stopped in the road, do not get out of your car. Give the moose room and it will eventually return to the woods.
• If an accident is unavoidable, apply brakes and release just before contact, and aim for the tail end of the moose. Duck to minimize injury from windshield debris.

Although there are significantly more car accidents that don’t involve moose, moose related accidents are often unavoidable and fatal. So the next time you’re out driving, act like a tourist and be on the lookout for Maine’s beloved state animal, knowing full well it could save your life.

For more information on moose related accidents please visit:

http://www.maine.gov/mdot/safety-programs/pdf/moose_brochure_2004.pdf.
 

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Buses, 18-wheelers and RV’s are notorious for having blind spots. In addition to not being able to see behind their vehicle, drivers also have difficulty seeing directly in front of them, and to either side starting at the end of the cab and running about 20 to 40 feet back. These blind spots are known as “No Zones,” and are the danger areas where accidents are most likely to occur.

Sharing the road with these types of large commercial vehicles can be dangerous to drivers, motorcyclists, bicyclists, and pedestrians alike. But with the proper education and advised caution, all of the aforementioned parties can travel safely and simultaneously, and arrive at their destination and out of harm’s way.

A common rule of thumb when driving alongside a tractor trailer is that if you can’t see the driver’s face in the side mirror, they can’t see you. And while a truck driver must be responsible for his or her surroundings, it’s imperative that other drivers be alert and aware of the intricacies and idiosyncrasies of large commercial vehicles.

For example, when making a right hand turn, truck and bus drivers often swing their vehicle wide to the left. Drivers should never try to sneak past the truck on the curb side of the road, as the results can be fatal. Also, it is important to remember to stop at the white line when at a stop sign or stop light, as these road marks are designed to give large vehicles room enough to safely maneuver a turn without running into the waiting traffic.

Although there are many dangers that come associated with driving a large commercial vehicle, one advantage that truck and bus drivers have over the average car or SUV is that they can often oversee the flow of traffic. And because these drivers know the limitations of their vehicle, including the necessary braking distance at any given speed, they can be great indicators of traffic jams or upcoming work areas. By paying close attention to the brake lights of a bus or 18-wheeler, a driver can help minimize the risk of an accident. It is also important to never cut in front of a truck, as they take nearly twice as long to brake than the average car, and often lead to accidents involving multiple vehicles.

Each year there are an estimated 250,000 accidents between automobiles and tractor trailers in the U.S., and at The Law Offices of Joe Bornstein we see firsthand how tragic the results can be. If you’ve been injured in an accident with a tractor trailer, call us today. We will protect your rights and get you the justice you deserve. And by taking the time to learn about “No Zones,” and carrying that wisdom to the highways and byways, we can all stay safe and arrive alive.

For more information about “No Zones” and how to properly share the road with all vehicles, including tractor trailers, buses and RV’s, please visit: www.nozone.org.

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While fatalities involving motorists in cars and trucks, bicyclists, pedestrians, and even alcohol-related accidents dropped dramatically in 2007, highway deaths of motorcyclists soared for the tenth straight year, accounting for nearly one out of eight highway deaths.

Experts expect this trend to continue as more and more people are riding motorcycles today for longer distances thanks in part to high gas prices and the near fifty miles to the gallon fuel efficiency motorcycles get.

A direct correlation to motorcycle fatalities is safety. While cars and trucks offer airbags, seatbelts, and improved fenders, motorcyclists are left exposed while riding, and therefore are at a much greater risk to be seriously injured when in an accident. And with the 1977 state repeal of the helmet law, motorcyclists over the age of 14 may ride a motorcycle without a helmet in the state of Maine, but do so at their own risk.

The median age of motorcyclists is also a contributing factor to the high number of fatalities, as many middle-age men who once rode motorcycles are returning to their youthful passion. According to the National Highway Traffic Safety Administration, there are seventy-five percent more registered motorcycles today than there were ten years ago. And while riding a motorcycle may be like riding a bike, over time one’s skills and reaction time decrease, often resulting in a learning curve that must be overcome for a rider to once again feel comfortable on a bike.

To a motorcyclist, there’s nothing more enticing then the open road. But at The Law Offices of Joe Bornstein, we see firsthand the dangers motorcyclists face every day on those very roads.

So ride safe! Because if you do, the only statistic you’ll have to worry about is how much fun you had!
 

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Although Maine has a low incidence of boating mishaps, a fatal boating accident on Long Lake last summer made us all stop in our wakes to take a second look at the rules and regulations that protect our water playgrounds.  

While it's easy to wonder if this tragedy could have been avoided if the proper safety precautions were taken, it's more important to learn from past mistakes to ensure that history does not repeat itself.

At the Law Offices of Joe Bornstein we see several victims of summer boating accidents each year. And we want to help educate boaters on the rules of the waterways, so we can all have a safe and fun summer on the water and in the sun. 

A few must know rules and safety tips that all boaters should take with them in the water include:

• 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 a cell phone, and be sure to tell someone where you are headed and when you expect to return.
• 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. Most boat accidents are alcohol-related.
• 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 (www.uscgboating.org).

When it comes to boating safety, the age old adage rings true: it's all fun and games until someone gets hurt.  If boaters keep these easy-to-follow rules and safety tips in mind, their safety, along with the safety of all others enjoying their time on Maine's waterways, will be greatly improved.  And at that the end of the day, knowing that you had a safe and relaxing day on the lake is fun in itself.

Enjoy the summer and enjoy the water.  And remember, "Don't Rock The Boat!"

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Spring has officially sprung, and that means kids all across the state will be riding bikes again.  And with the influx of new riders on the road, it is important for both bicyclists and drivers to pay attention and follow a few simple rules.  Doing so will make everyone's ride more enjoyable.

For bicyclists, regardless of your experience, it is important to remember: 

• Bicycle helmets are required for all bicyclers under the age of 16. 
• Ride your bike with the traffic, not against it.
• A bicyclist can pass a motorist on the right when it is safe to do so.
• Check to make sure your bike’s reflectors are in good working order, and if possible use a light while riding at night.
• Check to make sure your brakes work properly.
• Always observe the usual rules of the road.

For drivers, please remember to leave plenty of room when passing a bicycle. Maine has a new law that says motorists must give at least three feet when passing someone riding a bike.

The new Maine law states:

• An operator of a motor vehicle that is passing a bicycle proceeding in the same direction shall exercise due care by leaving a distance between the motor vehicle and the bicycle of no less than three feet while the motor vehicle is passing the bicycle.
• The Maine law that once prohibited motorists from crossing the solid yellow center line in the road while passing a bicyclist has been changed. The new three-foot passing law now allows motorists to cross the solid yellow center line to pass bicyclists when it is safe to do so.

For more information on bicycling safety, education, and access throughout the state of Maine, contact the Bicycle Coalition of Maine (www.bikemaine.org). 

And remember to share the road, because a safe ride is always a good ride.
 

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