Motorcycle Safety

Bikers, be Safe It is always sad to see the injuries in motorcycle cases in our office, and although the person at fault in the accident is almost always the other driver, many times the calamity might have been avoided if the biker had taken an extra measure of defensive driving. Because of my concern for the safety of our motorcycle friends, from time to time I try to pass along a tip which can serve as a reminder. If this saves just one motorcyclist from injury, my effort will be well worth it. Studies have shown that people who feel less vulnerable to injury have a tendency to take greater risks and to overcompensate for enhanced safety features thus leading to more injuries and fatalities. The danger here is that a biker with a helmet and full protective gear might drive faster, take faster turns and be less careful of other traffic than bikers with no helmet and ordinary clothing. So being aware of this potential danger is the first step in avoiding it. By all means take advantage of all of the protection you feel comfortable with, but be aware that it is not a free pass for reckless driving.

Truck Safety Rules

Truck Safety Rules Truck drivers and their employers carry a heavy responsibility to make sure that their big rigs do not pose a hazard to other vehicles on the highway. Unfortunately the pressures to make a profit or to increase the driver’s or operator’s income sometimes result in decisions which endanger the traveling public. Drivers are often tempted to push the limits of the rules, particularly in failing to observe the required rest requirements. Any truck driver who is on the road in a tired condition poses a serious hazard. The Federal Motor Carrier Safety Administration has promulgated new rules designed to increase highway safety. The updated rules provide: • An 11-hour driving limit (unchanged) with a requirement of a 30-minute break before 8 consecutive hours of driving • During the 34-hour “restart” or off duty time, there must be at least two consecutive nighttime periods lasting from 1:00 a.m. to 5:00 a.m. Although the agency has been criticized for its failure to adopt more stringent requirements, especially leaving the 11-hour limit rather than going to 10 hours which many safety advocates were pushing, according to the agency, “The purpose of the rule is to limit the ability of drivers to work the maximum number of hours currently allowed, or close to the maximum, on a continuing basis to reduce the possibility of driver fatigue. Long daily and weekly hours are associated with an increased risk of crashes and with the chronic health conditions associated with lack of sleep. These changes will affect only the small minority of drivers who regularly work the longer hours.” The FMCSA is constantly reviewing its rules to improve safety, but without compliance on the part of drivers, the risks remain high, and truck accidents remain a cause of catastrophic highway crashes.

Accidental Death

Wrongful Death Claims Under old English law where a person’s death was caused by the fault of another person, the claim to recover money damages for the loss died with the victim, and the guilty party had no obligation to compensate the survivors. In every state, including Maine (and also under modern law in England) the state legislature has enacted laws modifying the old rule and permitting recovery by the survivors in cases where an accidental death is the result of the negligent, careless, intentional or reckless acts of another person. Most states allow recovery in whatever amount a jury may determine to be fair, but some states, including Maine, place a limit on the amount which the guilty party must pay for the loss of comfort and companionship suffered by the surviving family members. In Maine this amount has been raised from time to time and is currently set at $500,000. There is no limit on recovery for so-called pecuniary losses such as funeral and medical expenses, future loss of financial support and other financial losses due to the death of the victim. You may be surprised to learn that the surviving spouse is not entitled to the entire amount of whatever is recovered in a wrongful death action unless there are no surviving minor children. Although the law covering wrongful death cases is not exceptionally complex, these cases do involve some unique considerations, so family members who have lost a loved one will be best served by retaining a law firm with experience in this field.