Every day, drivers and passengers take on the risks of possible injury that can result from car crashes. It can be tricky to determine which driver caused an accident, but it’s an important part of tort litigation in cases concerning car accidents.
Maine is an at-fault state, which means that the driver who caused the accident must use their insurance to pay for the other driver’s bills (i.e. medical bills or property damage bills) that resulted from the collision. To determine fault, the court and insurance companies use evidence from the crash, such as the police report, videos, photos, and reports from eyewitnesses.
For example, a news report from News Center Maine provided information about a two-vehicle head-on car crash that took place on Federal Road, or Route 4, in Livermore in April. Four people were brought to the hospital as a result of the crash. The four individuals who were involved in the accident were treated for moderate to severe injuries. The crash caused traffic to be redirected. An investigation into the cause of the crash must occur, including an investigation into which driver may have been at fault.
Because Maine is an at-fault state, payment for medical bills only occurs after police and insurance companies determine who was at fault. As a result of this type of tort system, individuals in collisions seeking reimbursement for injury or damages may experience a delay in receiving such reimbursement while waiting for a decision.
Additionally, the state of Maine follows a modified comparative negligence framework, which means that as long as you are less than 50 percent responsible for the accident, you can collect damages from the other driver. However, a driver cannot collect damages from the other party if the court finds them to be more than 50 percent at fault for the accident. Because of a six-year statute of limitations, in order to file a suit against an at-fault driver, one should be sure to do so within six years from the time of the car accident. If a driver attempts to file a suit after six years from the time of the car accident, they will be barred from doing so because of the statute of limitations.
The cause of the crash, which driver was at fault, and an analysis of whether a party is more than 50 percent at fault for the accident, these are some of the matters that will be considered in any court litigation that follows from the head-on car accident that occurred in Livermore last month.
Those who are injured in a Maine car accident may have many questions about liability and about how to seek damages by filing a case in court. Connecting with an experienced lawyer is vital to navigating the complex tort system in Maine.
Have You Suffered Injuries from a Car Accident in Maine?
The attorneys at Peter Thompson & Associates are ready to use their experience to assist injured individuals in car accidents in Maine. Our firm also handles premises liability, product liability, medical malpractice, and wrongful death claims. Contact our office today at 800-804-2004 to schedule a free initial consultation with an attorney from our firm.