Marchese Injury Law


Car Accidents, Motorcycle Accidents and Summer Personal Injury Claims

September 7, 2015

There are more car accidents and personal injury claims in the spring, summer and fall months than there are during the months in winter. Clearly, motorcycle accidents are more common when there’s no snow, ice or cold temperatures. Personal injury attorneys can tell you whether you have a claim for compensation, and deal with the big, bad insurance companies who make their money by collecting premiums and denying or low-balling claim settlements. You would benefit by calling a Maine Accident Attorney who could tell you if you have a claim, as well as help you fight the insurance company.

Aside from the treacherous nature of winter driving, there are lots of reasons for an increase in personal injury claims each month during the non-winter weather. Typically, there are more cars and motorcycles on the road in good weather, and this leads to more motor vehicle collisions and accidents. It’s just a matter of numbers. Secondly, parents are more willing to allow their younger children greater freedom driving during better weather. Driver distraction, especially texting and talking on cell phones while driving, lead to a significant increase in car accidents and motor vehicle collisions, in spite of new laws banning texting while driving and imposing significant fines for doing so.

A dirty little secret that none of us like to talk about is drinking and driving. While summers lead to more festive occasions, holidays and reasons for barbecue parties, weddings and other celebrations, this also is the underlying reason for many serious personal injury cases, in addition to drunk driving criminal charges. All it takes is a little distraction and/or slower response time, the car accident or motorcycle accident becomes a reality. You can’t take that moment back, so extra care and good judgment is required, even if you are not the one drinking or distracted, as you could be the victim of the drinking or distracted driver. Defensive driving even more important in good weather! We often don’t think as much about personal injury claims including pedestrians, bicycle accidents, or larger vehicles colliding with motorcycles. Too often, motorcycles are involved accidents involving operator error, for the motorcycle doesn’t collide with another vehicle. However, if there is a passenger on the motorcycle they may still have a claim against the driver of the motorcycle. Concerning pedestrian and bicycle collisions, the larger vehicle operators may not see the pedestrian or bicycle, and they may not even see a motorcycle approaching. They are simply more difficult to see, especially if we are not too careful before pulling out onto a busy road. Pedestrians have significant protection under the law since motor vehicle operators have a high standard imposed upon them to avoid hitting a pedestrian.

Bicyclists have additional protections under the law, including requirement that motor vehicle stay at least 3 feet away from them. The more difficult aspect of motor vehicle accidents involving bicycles is when a bicyclist moves into a travel Lane on the road because of poor road conditions on the right side, where they attempt to, and are encouraged to ride under the law. Always be aware of your surroundings as a motor vehicle operator or when riding a bicycle, as sudden moves may not be anticipated. We need to address speeding. Speeding is a factor in about 30% of all traffic fatalities. That’s almost as high as alcohol related fatal crashes. Speed is the number two (2) cause of all motor vehicle accident fatalities. The deadliest day of the year for speeding related fatal crashes is New Year’s Day, followed by Memorial Day, July 4th, Labor Day, Thanksgiving and then Christmas. Yes, speed kills. Auto accidents and motorcycle accidents can be avoided by slowing down and paying close attention to your driving. You’d rather not involve a personal injury lawyer. The National Highway Transportation Safety Administration (NHTSA) report from July, 2005, called “Crash Stats”, a ten-year study from 1994 to 2003, analyzed fatal car crashes and how speeding factors into car accidents. Of the 43,636 fatalities on the road in 2005, 5,226 of them involved a truck accident. That’s about one out of eight fatal accidents.

One out of ten fatalities involves pedestrians struck by motor vehicles; about one out of four fatalities are passengers; and about one out of ten fatalities are from motorcycle accidents. Of those 43,636 fatalities on the road in 2005, 55% of those who died were not wearing a seatbelt. Of all the drivers who were cited for drinking and driving in a fatal accident, 14% had previous accidents, 14% had their license suspended or revoked, 20% had speeding convictions and 4% had previous drunk driving convictions. 39% of accidents were alcohol-related. Of the truck drivers involved in a fatal crash, a whopping 23% of them had previous speeding convictions, and 16% of them also had previous accidents. Are you beginning to notice a pattern here? Speeding is a much underestimated danger. It’s no wonder that motor vehicle crashes was the single leading cause of death in the United States in 2003. Too many people choose to drink and drive, speed, allow themselves to be distracted while driving, and/or are simply careless on the road. If you or a loved one fall victim to an accident caused by someone’s negligence, then it is imperative that you contact a Maine injury lawyer. You must act quickly because there is a statute of limitations that restricts the time within which you can take legal action.

You should rely upon an experienced Maine injury lawyer to assist you in gaining legal compensation for injuries and damages that you have suffered. Contact Marchese Injury Law, P.A. Our legal professionals can help you. Call us toll free statewide at (207) 775-6042. Our office is at 477 Congress Street, Suite 1104, Portland, Maine, and we have convenient parking in the garage attached to our office building.

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Marchese & Associate Injury Law