After a Maine car accident, injury victims and their loved ones must develop a strong case for an insurance claim or personal injury lawsuit. Gathering and presenting relevant evidence is necessary to pursue a claim of this nature successfully. While there are some instances where negligence is presumed, such as in rear-end accidents and negligence per se cases, the majority of cases require a significant amount of evidence. Moreover, the law provides defendants with the opportunity to dispute their negligence in cases where negligence is presumed. Establishing liability is especially important because of Maine’s Comparative Negligence Act (Act). Under the Act, a claimant’s recovery will be reduced by their level of fault. Most importantly, the law bars recovery if the claimant is 50% or more responsible for the accident.
Maine accident victims must produce evidence that substantiates their claim. The evidence must establish the claimant’s version of events, injuries, and claims for lost wages. Evidence may include witness accounts and depositions, photographs, medical records, and police reports. An attorney can help claimants gather this evidence and present it to the fact-finder in a logical and clear manner. Although these types of evidence may seem straightforward, they must meet Maine’s rules for civil procedure. For example, many claimants believe that they can enter evidence of the at-fault party’s driving history and record of traffic citations. However, in many situations, the probative value of this evidence is outweighed by its prejudicial effect on the jury; as such, the court may not allow the evidence. There are several considerations that plaintiffs should reflect upon while preparing their claim for damages.
Car accidents can result in serious injuries and death, and it is vital that Maine claimants contact an attorney to ensure that they recover the damages they deserve. For instance, a recent Maine news report recently described a harrowing motorcycle accident involving a retired police officer. According to reports, the officer and his passenger collided with a sedan near South Portland. The officer died from his injuries, and his wife, who was riding with him, remains in stable conditions at the hospital. The sedan driver was cited for a moving violation, but the case is still under investigation. Cases involving motorcycles and victims who can no longer communicate their version of events present significant challenges. However, a Maine personal injury attorney can help families understand their rights and remedies in these situations.
Have You Suffered Injuries in a Maine Car Accident?
If you or someone you love has suffered injuries in a Maine motor vehicle accident, contact the attorneys at Peter Thompson & Associates. The lawyers at our firm have been voted “Best Personal Injury Lawyer” from 2008 to the present day. Our attorneys provide clients with a comprehensive and strategic case approach to ensure that they recover the damages the law entitles them. Our firm handles Maine accident cases involving car, truck, motorcycle accidents, defective products, premises liability, and medical malpractice. Contact our office at 1-800-804-2004 for a free and confidential consultation with an attorney on our legal team.