This weekend combines more child pedestrians after dark, more parties, and an early sunset when clocks go back an hour at 2 a.m. Sunday, November 1. Drivers should slow down in neighborhoods, expect kids to cross mid-block, and never drive impaired. If you or your child is hit, call 911, get medical care, document the scene, and avoid recorded insurance statements until you’ve spoken with a lawyer.
This year the calendar stacks three risks into one weekend. Halloween falls on Saturday, October 31. Daylight saving time ends at 2 a.m. on Sunday, November 1, which means the following week’s commute gets dark an hour earlier. And as we covered in our guide to hitting a deer or moose in Maine, wildlife movement is climbing toward its November peak.
Attorneys at McCue Law Office have helped Maine accident victims since 1980. Here is a practical guide for drivers, parents, and anyone who gets hurt.
Trick-or-treating puts many children on foot, in dark costumes, between dusk and 8 p.m., often darting between parked cars. Add Saturday-night parties and you have more distracted and impaired drivers on the road later in the evening.
Drop your speed in neighborhoods, especially on side streets in Bangor, Brewer, Hampden, and Orono, where kids cross between parked cars. Enter and exit driveways slowly and check your mirrors and the area behind you twice. Put the phone away, because even a glance can cost you the half-second you need. Turn your headlights on early and keep windshields clean inside and out. Never drive after drinking or using impairing medication, and plan a ride before the party starts.
Add reflective tape or glow sticks to costumes, and choose masks that don’t block vision. Use sidewalks and crosswalks, and cross at corners, not mid-block. Carry a flashlight, and keep young children with an adult.
→ Injured on Halloween weekend? Time and evidence are critical. Contact McCue Law Office at (207) 421-9406 for a free consultation.
On Sunday morning, sunset moves roughly an hour earlier. Many Maine commutes that were in daylight on Friday will be at dusk or after dark on Monday, when visibility is worse and fatigue from the lost sleep pattern can show up. It is also prime time for deer. Slow down on rural roads, use high beams when no one is oncoming, and scan the shoulders.
Drivers have a duty to use reasonable care and to yield to pedestrians in crosswalks (see 29-A M.R.S. § 2056). But fault can be disputed: the driver may say a child ran out unexpectedly or that a pedestrian was in a dark costume. Under Maine’s comparative fault law (14 M.R.S. § 156), recovery can be reduced, and in some cases barred, if a claimant is found equally or more at fault. Early evidence matters: video from doorbells and businesses, witness names, photos of lighting and signage, and the driver’s phone and alcohol status. Learn more about pedestrian accident claims.
If the driver was impaired, the case may also involve a drunk driving accident claim. When a crash is fatal, family members may have rights under Maine’s wrongful death law.
Not every Halloween injury happens on the road. Dark steps, broken railings, icy walkways, and unsafe yards can lead to premises liability claims. These depend on who controlled the property and whether the hazard was known or should have been fixed.
Call 911 and request medical help, even for “minor” injuries. Photograph the scene, vehicles, lighting, and injuries. Get names and contact details for the driver and witnesses. Seek follow-up care, especially for head injuries, because a child who seems fine may still have a concussion. See our page on brain injuries. Don’t give a recorded statement or sign a release until you understand your rights.
Possibly. It depends on the driver’s conduct, the lighting and crossing location, and the available insurance. A free consultation can help you sort out where you stand.
Report it to police immediately. Your own uninsured motorist coverage may apply.
Insurers often raise it, but a driver must still drive at a speed and with an attention level that fits the conditions.
If you or a loved one has been hurt in a pedestrian accident or auto accident, our attorneys can explain your rights and handle the insurance company for you. Consultations are free, and we only get paid if we recover money for you. See what past clients say and our results.
→ Don’t let insurance company bias determine what your injuries are worth. Call McCue Law Office at (207) 421-9406 or contact us online today.
This article is for general information only and is not legal advice.
