Reported by By Terry Karkos, Sun Journal Staff Writer
Feb 26, 2010 12:00 am

DIXFIELD, ME — Messy weather on Thursday morning created traffic mayhem across western Maine, flipping one tractor-trailer on Route 2 and sending another careering through a Route 108 cemetery in Peru, destroying several headstones. A pregnant Rumford woman who spent Wednesday night in Franklin Memorial Hospital in Farmington trying unsuccessfully to give birth, had a contraction on the drive home, causing her to lose control on Route 2, Dixfield police Chief Richard A. Pickett said. He said Crystal Buotte of Spruce Street wasn’t injured, nor did she give birth after her car slid 50 to 60 feet through snow down an embankment. Buotte declined medical treatment on scene, telling Pickett she would return to a hospital.

By 6 p.m. Thursday, heavy snow had cut electricity to 3,758 Central Maine Power customers statewide, of which, 1,477 were in the Farmington and Kingfield area of Franklin County, a CMP dispatcher said. There had been no power outages in Androscoggin County, but 221 customers had lost power in Oxford County. Wednesday night’s snow mixed with heavy sleet and ice by Thursday morning, prompting the Maine Emergency Management Agency to issue a warning to drivers about dangerous weather that will continue into the weekend. “It’s critical to stay tuned to National Weather Service and local forecasts for your area, because the hazards will be different depending on where you are,” said Rob McAleer, director of the Maine Emergency Management Agency.

In Dixfield on Thursday morning, drivers had to contend with icy, slushy, snow-covered roads while heavy sleet and snow fell. At 6:45 a.m., Jonathan Morrell, 43, of Guilford was driving a tractor-trailer west on Route 2 when he swerved toward a drainage ditch to avoid a head-on collision with a car that slid into his lane, Pickett said. Maine Department of Transportation plow trucks “hadn’t come by yet, so roads were really nothing but slop,” Pickett said. Morrell was driving a load of birch boards stacked in pallets on a flatbed trailer to the Saunders mill in Locke Mills for Ernest R. Palmer Lumber Co. Inc. of Sangerville. Morrell stopped the truck on the roadside, removed his safety belt and was getting out when the rig suddenly flipped on its side, flinging Morrell back through the cab and out the passenger side, Pickett said. “This was not the truck driver’s fault at all,” Pickett said. “He got off the road as far as he could to avoid what would have been a nasty accident.” Pickett estimated damage to the tractor cab, which is owned by Shane M. Perkins Sr. of S & R Trucking in Abbott, at between $4,000 and $5,000. Route 2 was shut down for several hours and traffic detoured by Dixfield firefighters and MDOT crews onto the very muddy Old Canton Point Road while loggers Bob Richardson and Tim Sicotte of Rumford cleaned up the mess. M/T Pockets Towing of Dixfield righted the rig and Morrell, who suffered minor injuries, drove it away, Pickett said.

Later, the M/T Pockets crew was sent to Route 108 in Peru where Stephen Buateng, 48, of Nashua, N.H., drove an 18-wheel tractor-trailer through Demerritt Cemetery. Buateng managed to keep the rig upright, but destroyed a dozen or more headstones from the early 20th century. Maine State Police Trooper Kyle Tilsley said Buateng had just picked up 19 short rolls of paper from the Rumford paper mill, NewPage Inc., and headed east on Route 108 when the rig failed to negotiate a curve. “It looks like he came down around that hill and never turned,” Tilsley said. “He just kept right on going into the cemetery. Tilsley attributed the accident to road conditions, defective tires on the tractor-trailer — steel was showing through one bare tire — and speed. Buateng wasn’t injured.

Rumford police were kept busy Thursday afternoon with a series of minor accidents due to slick roads caused by heavy sleet and snow. In one accident, on Route 2 in neighboring Hanover near Top Hat Antiques, Nicola Whitman, 49, of Cumberland Street, Rumford, slid off the road and into a ditch as she was driving east, Officer Lawrence Winson said. A passenger, Joshua Melville, 19, of Mexico, sustained minor injuries and was taken by ambulance to Rumford Hospital.

Even in cases where accidents are caused by slippery road conditions, it is sometimes possible to recover under negligence or product defect theories.  In terms of negligence, the driver may have been going too fast or not driving attentively enough for the conditions.  Sometimes there are issues in terms of vehicle maintenance–brakes, tire tread, tire pressure, etc.  Finally, there have been technologies available for more than 10 years which assist a driver in maintaining control on slippery surfaces.  The most common technologies are anti-lock brakes and electronic stability control.  ABS brakes allow a driver to maintain control under braking conditions.  ESC automatically senses the slipping wheels and selectively applies braking and throttle to prevent a loss of control.  Beyond that, there are sometimes “crashworthiness” claims where injuries or deaths could have been prevented with a safer vehicle design.  Examples of crashworthiness claims include unlatching or seatbelt failure, failure of the airbags to deploy or deploying under conditions when they should not have deployed, roof crush, fuel fed fire, etc.  Unlike most personal injury firms which only consider negligent driving claims, at Berman & Simmons, we have the resources and expertise to evaluate all possible types of claims arising out of a severe and catastrophic vehicle-related injury.  Give us a call at 1-800-244-3576 or visit our website at www.bermansimmons.com to learn more about us and how we might help you.

Reported By Sun Journal
Feb 24, 2010 12:00 am

TURNER, ME  — A tractor-trailer from Columbia River Transportation out of Columbia, N.H., ran off the road and into the trees on Route 4 in Turner near the intersection of Route 117 on Tuesday. Police said a teenager was lucky to escape with minor injuries when the sedan she was driving was hit broadside Tuesday morning by a tractor-trailer.

Samantha Allen, 16, of Harrison crossed Route 4 westbound in a 2001 Kia into the path of a 2000 Peterbilt tractor-trailer driven by Robert Wheeler, 40, of North Stratford, N.H., police said. The truck slammed into the middle of the passenger side of the car, which bounced into a sport utility vehicle that was stopped at a stop sign facing east on Buckfield Road. The Kia, owned by Brenda Creighton of Harrison, was demolished.

After hitting the car, the truck continued south, went over the shoulder of the road and down into a muddy gully, and stopped against a small stand of trees. It was hauling bark mulch. Allen and the driver of the 1998 Ford Explorer, Brian Saucier, 31, of Turner, were taken to a nearby hospital with minor injuries. Wheeler was unhurt, said Maine State Trooper Corey Huckins, who investigated the crash. No citation was issued.

For the full article, go to article.

At Berman & Simmons, we are experts in assisting clients in car accidents cases like this one.  We gather all of the evidence and use the best accident reconstruction experts to recreate the conditions of the accident.  We explore all angles of recovery for the victims and their families, including liability claims, underinsured or uninsured motorist claims and product defect claims arising out of dangerous and defective cars.  We have recovered millions of dollars in cases where other lawyers were unable to find a legal remedy.  If you or someone you know have suffered an accident-related injury or death, please give us a call or send an email.  We do not charge anything for a consultation.  For more information, visit our website at www.bermansimmons.com.

Reported by Connie Footman, Special to the Sun Journal
Feb 22, 2010 12:00 am

DURHAM, ME — An unbuckled passenger was ejected through the side window of the car he was riding in during a single-vehicle rollover Sunday on Route 9 at the Swamp Road intersection.  According to the investigating officer, Sgt. Brian Smith of the Androscoggin County Sheriff’s Office, Zachary Tenenbaum, 21, of Brunswick complained of shoulder pain and was taken to Central Maine Medical Center in Lewiston by Durham Fire & Rescue. The driver, Tevis Yarmala, 20, of Bowdoin suffered only minor injuries and did not require medical attention. He was wearing a seat belt, but Tenenbaum, his passenger, was not.

Smith said that Yarmala, who was westbound on Route 9, was driving too fast and lost control of his car as he was traveling up a curved hill near the intersection of Swamp Road. The car careened out of control, crossed the oncoming lane, went off the left shoulder over a snowbank and rolled over.  Tenenbaum, who was in the front passenger seat, was thrown through the side window as the car rolled. Yarmala’s 2004 Volkswagen two-door car was totaled in the midday crash. Smith said that the accident remains under investigation.

Although this was a single car accident, recovery for the injured victim may be possible.  The product liability team at Berman & Simmons has successfully recovered against major auto manufacturers in one-car accidents where a defective or dangerous condition of the car caused or contributed to the accident.  Recovery for the passenger may also be possible through the driver’s liability insurance policy, particularly if the driver was speeding or otherwise negligent, or the passenger’s own underinsured or uninsured motorist policy.   For more information, contact Berman & Simmons at 1-800-244-3576 or read more on our website on our car accident practice page.

Reported by Portland Press Herald on February 20, 2010

WINDHAM, ME – One person was seriously injured in a four-car accident on Route 302 Saturday morning, police said.  The pileup happened around 10 a.m., starting when a car driven by Travis Ward, 19, of Windham crossed over into the eastbound lane of Route 302 and hit a car driven by Robin Damron, 45, of Windham, said Sgt. David Thomas of the Windham Police Department.  Ward’s car then began to flip over and also hit a car driven by Carmella Skillings, 39, of Raymond, which was following Damron’s.  In the meantime, Damron’s car skidded into the Westbound lane and hit a car driven by Catherine Young, 56, of Raymond.

Ward was taken to Maine Medical Center with serious injuries, Thomas said. Damron and her daughter Autumn were also taken to the hospital with head, neck and back injuries. Thomas said the injuries did not appear to be life-threatening.  Thomas said the cause of the accident is under investigation and no charges have been filed while that investigation continues.

At Berman & Simmons, we are experts in assisting clients in car accidents cases like this one.  We gather all of the evidence and use the best accident reconstruction experts to recreate the conditions of the accident.  We explore all angles of recovery for the victims and their families, including liability claims, underinsured or uninsured motorist claims and product defect claims arising out of dangerous and defective cars.  We have recovered millions of dollars in cases where other lawyers were unable to find a legal remedy.  If you or someone you know have suffered an accident-related injury or death, please give us a call or send an email.  We do not charge anything for a consultation.  For more information, visit our website at www.bermansimmons.com.

Reported By Jen Lynds
Bangor Daily News Staff

ST. JOHN, Maine — A head-on collision on Route 161 in St. John Plantation just before 11 a.m. Tuesday killed an 87-year-old Allagash man.  Maine State Police Sgt. Tom Pelletier said Patrick Jalbert was driving south when he lost control of his 2005 Ford truck and crossed the centerline into the path of a 2004 Chevrolet sport utility vehicle driven by Becky Caron of Fort Kent.  Jalbert, who was not wearing a seat belt, was ejected from his vehicle and declared dead at the scene.

Caron and her children, ages 3 and 1, all were restrained properly in her vehicle, Pelletier said, but the mother was pinned in the SUV and had to be extricated by members of the Fort Kent Fire Department. Caron reportedly suffered two fractured legs and was taken by ambulance to Northern Maine Medical Center in Fort Kent, where she remained Tuesday evening.  The 3-year-old and 1-year-old both suffered minor injuries, with the older child taken to the hospital by ambulance and the younger child by private vehicle, Pelletier said. Both were treated and then released from the hospital.

Both vehicles were demolished, Pelletier said.  Pelletier said the accident may have been caused by speed and road conditions. Other police in The County dealt with several accidents Tuesday caused by freezing rain or light snow that fell overnight in central and northern Aroostook County leaving an icy sheen on some roads.  Trooper Dan Marquis is investigating the accident. He was assisted by Trooper Rob Flynn, Pelletier, members of the Maine Warden Service and the Fort Kent Fire and Ambulance departments.

Even in cases where accidents are caused by slippery road conditions, it is sometimes possible to recover under negligence or product defect theories.  In terms of negligence, the driver may have been going too fast or not driving attentively enough for the conditions.  Sometimes there are issues in terms of vehicle maintenance–brakes, tire tread, tire pressure, etc.  Finally, there have been technologies available for more than 10 years which assist a driver in maintaining control on slippery surfaces.  The most common technologies are anti-lock brakes and electronic stability control.  ABS brakes allow a driver to maintain control under braking conditions.  ESC automatically senses the slipping wheels and selectively applies braking and throttle to prevent a loss of control.  Beyond that, there are sometimes “crashworthiness” claims where injuries or deaths could have been prevented with a safer vehicle design.  Examples of crashworthiness claims include unlatching or seatbelt failure, failure of the airbags to deploy or deploying under conditions when they should not have deployed, roof crush, fuel fed fire, etc.  Unlike most personal injury firms which only consider negligent driving claims, at Berman & Simmons, we have the resources and expertise to evaluate all possible types of claims arising out of a severe and catastrophic vehicle-related injury.  Give us a call at 1-800-244-3576 or visit our website at www.bermansimmons.com to learn more about us and how we might help you.

Reported By Dawn Gagnon
Bangor Daily News Staff 

WINTERPORT, Maine — A Winterport woman suffered minor injuries Thursday afternoon when the car she was riding in was struck from behind on U.S. Route 1A.  Candy Flemming, 20, who was a passenger in a 2000 Dodge sedan driven by 23-year-old Zachary Barnett of Winterport, was taken to Eastern Maine Medical Center in Bangor after she complained of neck pain, Deputy Benjamin Seekins of the Waldo County Sheriff’s Department said Thursday.

Seekins said the accident occurred about 3 p.m., when Barnett stopped in the southbound traveling lane to make a turn into the parking lot of Forrest Auto Body.  As Barnett was waiting to turn, his car was rear-ended by a 2007 Mercury sedan driven by Esther Smith, 88, of Winterport, who was traveling behind him and was unable to stop in time to avoid hitting him.  Escaping injury were Barnett, Smith and a child who was a passenger in Barnett’s car, Seekins said.  Seekins did not release the child’s name.  The deputy said that neither Flemming nor Barnett was wearing a seat belt when the crash occurred.  Seekins estimated damage to Barnett’s car at $2,500 and to Smith’s car at $5,500.

At Berman & Simmons, we are experts in assisting clients in car accidents cases like this one.  We gather all of the evidence and use the best accident reconstruction experts to recreate the conditions of the accident.  We explore all angles of recovery for the victims and their families, including liability claims, underinsured or uninsured motorist claims and product defect claims arising out of dangerous and defective cars.  We have recovered millions of dollars in cases where other lawyers were unable to find a legal remedy.  If you or someone you know have suffered an accident-related injury or death, please give us a call or send an email.  We do not charge anything for a consultation.  For more information, visit our website at www.bermansimmons.com.

Reported By Ellen W. Todd
Sanford News Writer

HOLLIS, ME — A motor vehicle crash last Friday afternoon in Hollis took the life of Sanford native Marijane Fall, 69, who lived in Gorham.  Fall’s sport utility vehicle crossed the center line and collided with an oncoming pick-up truck on Route 202, (also known as Hollis Road) near the Hollis Fire Department, according to the York County Sheriff’s Office, which investigated the accident.  Fall was pronounced dead at the scene.  The driver of the other vehicle, Clayton Parker, and his passenger, Mary Parker, both of East Waterboro, were transported to Maine Medical Center in Portland for treatment of non-life-threatening injuries.

The accident occurred shortly after 3 p.m. The road was closed for five hours after the crash as police investigated and cleared the scene. The reason Fall’s vehicle crossed the center line remains under investigation. The sheriff’s office said neither alcohol nor speed were factors.

For the full article go to:  article

At Berman & Simmons, we are experts in assisting clients in car accidents cases like this one.  We gather all of the evidence and use the best accident reconstruction experts to recreate the conditions of the accident.  We explore all angles of recovery for the victims and their families, including liability claims, underinsured or uninsured motorist claims and product defect claims arising out of dangerous and defective cars.  We have recovered millions of dollars in cases where other lawyers were unable to find a legal remedy.  If you or someone you know have suffered an accident-related injury or death, please give us a call or send an email.  We do not charge anything for a consultation.  For more information, visit our website at www.bermansimmons.com.

Reported By Ryan McLaughlin
Bangor Daily News Staff

BANGOR, ME - Bangor High School senior Kate Rouleau was recuperating in a Bangor hospital on Wednesday after an accident while jogging with a teammate during practice on Tuesday afternoon.  Rouleau, 18, and teammate Nikita Kacer, 17, also a senior, were struck by a car while jogging on the sidewalk on Broadway just before 4 p.m. Tuesday, according to Bangor police Sgt. Larry Weber.

Stanley Stewart of Argyle was waiting to turn left into the parking lot at Jiffy Print, and another driver waved him through. As he turned, his pickup truck struck a car driven by Justin Keene of Attleboro, Mass., and the impact knocked Keene’s vehicle into Rouleau and Kacer as they were jogging by.  Attempts to reach Bangor head coach Jaime Cooke were unsuccessful Wednesday night.  Kacer was treated and released from Eastern Maine Medical Center in Bangor Tuesday night and Rouleau was listed in fair condition Wednesday night, according to an EMMC nursing supervisor.

For the full article go to:   article

At Berman & Simmons, we are experts in assisting clients in car accident cases like this one.  We gather all of the evidence and use the best accident reconstruction experts to recreate the conditions of the accident.  We explore all angles of recovery for the victims and their families, including liability claims, underinsured or uninsured motorist claims and product defect claims arising out of dangerous and defective cars.  We have recovered millions of dollars in cases where other lawyers were unable to find a legal remedy.  If you or someone you know have suffered an accident-related injury or death, please give us a call or send an email.  We do not charge anything for a consultation.  For more information, visit our website at www.bermansimmons.com.

Reported By Judy Harrison
Bangor Daily News Staff

Lee, Maine — Five teenage girls suffered minor injuries Saturday night when the 17-year-old driver missed a corner, overcorrected and rolled her father’s pickup truck on North Road.   Penobscot County Sheriff’s Deputy James Kennedy said Sunday that the driver and four passengers between the ages of 13 and 17 were taken to Penobscot Valley Hospital in Lincoln. He described their injuries as not life-threatening. 

Because the girls are juveniles, their names are not being released, Kennedy said.  Three of the teens live on Indian Island, one is from Old Town, and the fifth is from Princeton.  The four passengers said they were not wearing seat belts, according to the deputy.  The 17-year-old driver was headed north on North Road about 8 p.m. Saturday when she rolled the 2001 Chevy pickup registered to John Ethier, 41, of Old Town.  Alcohol was not a factor in the accident, Kennedy said. It was caused by driver inexperience and driving too fast on a road with which she was unfamiliar. 

The deputy said no charges would be filed in the accident.  Kennedy said ambulance crews from Mattawamkeag, Lee and Penobscot Valley Hospital took the girls to the hospital.  The truck was demolished.

At Berman & Simmons, we are experts in assisting clients in car accidents cases like this one.  We gather all of the evidence and use the best accident reconstruction experts to recreate the conditions of the accident.  We explore all angles of recovery for the victims and their families, including liability claims, underinsured or uninsured motorist claims and product defect claims arising out of dangerous and defective cars.  We have recovered millions of dollars in cases where other lawyers were unable to find a legal remedy.  If you or someone you know have suffered an accident-related injury or death, please give us a call or send an email.  We do not charge anything for a consultation.  For more information, contact Berman & Simmons at 1-800-244-3576 or read more on our website on our car accident practice page.

WGME Channel 13 Reported today:

Thomaston, Maine – A pedestrian has died after being struck by a vehicle on Route 1 in Thomaston Monday morning.  23 year old Tyler Wentworth of Rockland was walking along the road partially in the driving lane when he was hit by 62 year old Robert Emery.  Police say there are no lights on that stretch of road and Wentworth was dressed in all dark clothing.

Investigators say no charges will be filed.  Police are still investigating why Wentworth was walking at that time of the day.  Route 1 was shut down between Buttermilk Lane and Old Country Road for about 4 hours on Monday. 

Posted: Monday, February 1 2010, 11:44 AM EST

At Berman & Simmons, we are experts in assisting the families of victims of car accident cases like this one.  We gather all of the evidence and use the best accident reconstruction experts to recreate the conditions of the accident.  We explore all angles of recovery for the victims and their families, including liability claims, underinsured or uninsured motorist claims and product defect claims arising out of dangerous and defective cars.  We have recovered millions of dollars in cases where other lawyers were unable to find a legal remedy.  If you or someone you know have suffered an accident-related injury or death, please give us a call or send an email.  We do not charge anything for a consultation.  For more information, visit our website at www.bermansimmons.com.