Maine Injury Lawyer Blog

Comparative fault refers to each party’s degree of responsibility for a specific plaintiff’s harm. The issue of comparative fault often arises when plaintiffs share some portion of responsibility for their harm or when multiple defendants are at fault for the same plaintiff’s harm. When apportioning fault in a negligence lawsuit, Maine follows a modified comparative negligence scheme. Through this system, Maine plaintiffs can recover damages even if they were partially at fault for the accident that caused their harm. The majority of states have adopted modified comparative negligence instead of pure contributory negligence, which would prohibit plaintiffs from recovering any damages if they were even 1% at fault. Maine passed its modified comparative negligence rules into law at Title 14, Section 156 of its Revised Code.

Under Maine’s modified comparative negligence system, a plaintiff can recover damages so long as they were less than 50% at fault for the accident. If a plaintiff is equally at fault or more compared to the defendant, the plaintiff cannot recover any damages. This is one important way that Maine differs from other states. Some states allow plaintiffs to recover damages if they are 50% at fault or less, but a Maine plaintiff must be 49% at fault or less. Additionally, a jury or judge will reduce a plaintiff’s damages award based on the plaintiff’s degree of fault. For example, if a plaintiff is 10% at fault, the jury or judge would reduce the plaintiff’s $100,000 award to $90,000.

Because a reduced damages award would allow defendants to pay less in damages, a defendant will often argue that the plaintiff shares responsibility for the accident. An experienced Maine personal injury attorney can help plaintiffs show they were not at fault in order to hold defendants accountable for their negligence.

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When passengers suffer injuries in a car accident, they may pursue a negligence lawsuit against the driver. In many situations, a passenger must bring a claim against someone they know personally. A passenger’s relationship to the driver may pose complicated questions for the passenger’s theory of recovery. An experienced Maine personal injury attorney can help passengers gather evidence and make out the best possible claim for relief.

As a recent news article reported, a driver and his passenger were injured in a single-vehicle crash in Clinton, Maine. The accident occurred when the driver lost control of his vehicle and crashed into several trees. As a result, the passenger was ejected from the vehicle. Both the passenger and driver were transported to the hospital for their injuries. According to local police, the impact of the crash was so severe that the vehicle’s engine broke loose.

Can You Sue the Driver for a Maine Passenger Injury?

Maine law allows passengers to sue drivers for negligence. In many situations, the passenger knows the driver personally, and filing a lawsuit may place a passenger in an uncomfortable situation. However, passengers should know that many insurance policies cover liability for personal injury claims up to a certain amount. In fact, Maine auto insurance laws require drivers to have liability insurance should they have to pay damages in a lawsuit. As a result, passengers who wish to seek compensation for their injuries can feel assured that the driver often will not pay a damages award entirely out of pocket.

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When a driver speeds on the road, they place themselves and everyone else in danger of a serious car accident. In particular, driving at high speeds can lead drivers to lose control of their vehicles, striking another driver as a result. When a person suffers injuries from a driver’s high speeds, they may bring a negligence lawsuit against the responsible driver.

In one extreme example, a man who caused a high-speed police chase died after striking another driver in Gray, Maine. The incident began in Leeds when police noticed a man driving erratically. Soon after, police in Oxford observed the same man speeding on the highway. An officer followed him south before eventually ending his pursuit because of the unsafe speed at which the man was driving. Then, the man crashed into an oncoming vehicle. Due to his high speed, the other driver could not get his vehicle out of the way in time. The driver was unharmed, but the man who crashed into the driver died at the scene.

What Damages Are Available After a Maine High-Speed Accident?

When a speeding driver crashes into your vehicle, you may be able to seek several types of damages. When bringing a negligence lawsuit, plaintiffs often seek compensatory damages. These damages are intended to place an accident victim in the same position as if the accident had never occurred. Examples of compensatory damages may include medical expenses—including for psychological treatment—funeral expenses, and lost earnings. If the accident damages a plaintiff’s vehicle, they may also seek compensation for property damage. Finally, compensatory damages can cover the emotional harm a person has suffered from the accident, often referred to as “pain and suffering.” Finally, an accident victim’s spouse can sue for loss of consortium, which accounts for the loss of a spouse’s companionship.

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Wrong-way accidents occur when a vehicle crosses into the wrong lane, colliding with oncoming traffic. These accidents can lead to serious injury or damage to a vehicle. Too often, wrong-way accidents occur because a driver is operating their vehicle negligently. These types of wrong-way accidents are especially devastating because they are often preventable.

For example, a recent news article reported on a wrong-way accident involving three vehicles in Kennebunk, Maine. According to local police, the accident occurred when a driver crossed the center line into the wrong lane. As result, he and two other drivers crashed on the roadway. While no one suffered injuries from the accident, all three vehicles suffered heavy damage. Police charged the driver with driving to endanger and imprudent speed.

What Are the Causes of Wrong-Way Injuries?

Wrong-way injuries may have several overlapping causes. First, as the NTSB has reported, a significant portion of wrong-way drivers operated their vehicles under the influence. To avoid a wrong-way accident, is it imperative to avoid drinking while driving. Even if a driver refrains from driving under the influence, they may cause a wrong-way accident if they are distracted. Distracted driving diverts attention from the road, which may increase the risk of veering into the wrong lane. To stay focused on the road, drivers should refrain from using their cellphones, eating, or otherwise “multi-tasking.” Finally, in attempting to pass a vehicle, a driver may cross into the wrong lane intentionally. Drivers should refrain from this practice at all times. A driver may not initially see another vehicle in the opposite lane, but one can appear at any time. Drivers should leave with plenty of time in advance to arrive to their destination safely and on time.

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When a driver commits a hit-and-run accident, they leave an injured victim completely helpless. If the driver fails to contact emergency personnel to assist the victim, they may worsen the victim’s condition and cause further harm. Too often, the injuries resulting from a hit-and-run would have been preventable, or at least less severe, had the driver who caused the accident contacted police and emergency medical personnel. When a driver fails to take these steps, they may suffer consequences under both criminal and civil law.

As a recent news article reported, police arrested a man involved in a Maine hit-and-run that left one woman seriously injured. Police discovered the hit-and-run accident when they arrived at the scene to find a pedestrian lying injured near the road. She was transported to the hospital to treat her serious injuries. According to local police, the suspect allegedly contacted emergency services for the pedestrian. However, he allegedly lied to law enforcement and emergency personnel about his involvement in the hit-and-run. Eventually, police arrested this driver and charged him with failing to report an accident involving personal injury.

What Are the Civil and Criminal Penalties for a Maine Hit-and-Run Accident?

When a person commits a Maine hit-and-run, they may have to pay both criminal fines and civil damages. Under Maine law, if an accident results in property damage, the drivers must immediately stop and return to the scene of the accident. If an accident causes bodily injury, death, or significant property damage, the responsible driver must report the accident to state or local police. Failure to take these steps constitutes a Class E felony, which carries up to six months in prison time and a $1,000 fine.

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