Maine Injury Lawyer Blog

When a major car accident causes significant injury or property damage and was because of the at-fault party’s negligence or recklessness, you may have grounds to bring a personal injury claim against them. Sometimes, however, it is unclear whether the other party is entirely at fault or if you contributed to causing the accident also. Because establishing liability in a personal injury accident is crucial to any legal claim you are considering, it is important to understand how Maine allocates responsibility and liability in similar cases.

According to a recent local news report, a head-on car accident resulted in a temporary road closure for Route 1 in Hancock. Local authorities reported that a tractor-trailer was transporting a manufactured mobile home when the load shifted and caused the tractor-trailer to jackknife and crash into another car head-on. It is unclear whether there were injuries, and the accident remains under investigation.

When an accident takes place in Maine, because the state is an “at-fault” state, this means that the driver who caused the collision must use their insurance to pay for accident-related expenses such as property damage or medical bills.

Everyone who owns a car typically also has car insurance. After all, it is required by law in most states, Maine included. Each state, however, typically has its own requirements for minimum coverage amounts and types of coverage each driver must have to remain in good standing. Understanding what each type of coverage pertains to is crucial so that if you are ever involved in an accident, you know exactly how much the insurance company will cover.

According to a recent local news report, a 71-year-old woman died following a major accident. Police reported that her car struck a tree after colliding with multiple vehicles and that the woman was pronounced dead at the scene. Following the accident, another individual was transferred to a local hospital with minor injuries. Authorities noted that the accident involved at least four cars when the local fire department arrived on the scene. The accident remains under investigation.

Maine, like other states across the country, has specific requirements for drivers when it comes to car insurance. Every Maine driver must have liability insurance, medical payments coverage, and uninsured and underinsured motorist coverage, at a minimum. Failing to meet these minimum requirements may result in a fine or license suspension.

Distracted driving is extremely dangerous and results in hundreds of accidents on Maine roads each year. Drivers operating semi-trucks and other large vehicles while distracted are especially reckless, placing the lives of innocent Maine residents on the line. Semi-trucks and other large vehicles are more difficult to control and take longer to stop. Additionally, the damage caused in a crash involving a semi-truck is more likely to be catastrophic.

A recently published local news report discusses the criminal proceedings against a man who was involved in a January 2021 accident in which the semi-truck that he was driving struck another vehicle, killing two of the occupants.

According to the news article, the driver of the semi-truck admitted to law enforcement after the accident that he was listening to a show on Netflix before the Maine semi-truck crash occurred. The truck driver denied that he was distracted by the show, claiming that he had the screen turned away from his eyes and was only listening to the program. The truck driver claimed that the other vehicle cut in front of him and he was unable to avoid the crash. Law enforcement authorities apparently believed that the truck driver was distracted by the Netflix program, as he was arrested and charged with negligent homicide after the crash.

Distracted driving continues to pose risks to transportation safety as it impairs a driver’s performance and increases the likelihood of a Maine truck driving accident. A significant amount of research focused on the rate and risks of distracted driving in passenger car vehicles, and very few studies evaluated the effect on truck drivers. However, truck drivers are more susceptible to using a handheld device or radio to coordinate deliveries and logistics because of the fundamental job responsibilities.

According to the National Center for Statistics and Analysis, fatalities involving cell phone usage increased nearly 24 percent between 2011 and 2015. Further, from 2014 to 2017, distracted driving fatalities had the most significant percentage increase. Most concerning is that truck crashes have continued to increase over the past decade. These accidents can lead to chain reaction events, severe injuries, and property damage.

For example, a news report from Kittery explained that a tractor-trailer hit two vehicles on the Maine Turnpike. Safety officials explained that a state trooper was in the breakdown lane with his flashing lights on behind a flatbed truck. A tractor-trailer driver veered into the lane, slammed into the trooper’s vehicle, and then drifted into travel lanes, hitting a Jeep. The Jeep became pinned against a concrete barrier. Shockingly, the family inside the Jeep and the trooper only sustained minor injuries. At the time of the accident, the tow truck driver was under the flatbed and miraculously survived without injuries. Officials charged the tractor-trailer driver with distracted driving and failure to move over.

“Move Over” laws address two types of conditions that require motorists to move over and give the right of way to emergency responders. Under Maine’s statute, the law requires motorists approaching stationary emergency vehicles that are displaying flashing lights, traveling in the same direction, to vacate the lane closest, “if safe and possible to do so, or to slow to a safe and reasonable speed.” The law applies to law enforcement, first responders, emergency vehicles and tow trucks. A caveat to the tow truck application is that it only applies to trucks at an accident scene to assist emergency responders. In Maine, those who do not abide by the rule can face a minimum fine of $275.

Despite many public service campaigns, many people fail to realize the dangers of driving next to a stopped law enforcement officer or responder. According to the Maine Bureau of Highway safety, 19 officers in the country died in the first half of 2021 after being struck while on the side of the road. While the law was created in response to the growing concern for the safety of emergency responders, it affects all road users as these incidents can set off a chain reaction.

Recently, the Seacoastonline published an article describing an accident on the border of Maine and New Hampshire. According to the report, Maine State Troopers were assisting a bridge construction expert team set up a construction zone for a bridge project. An officer was in his vehicle, with his emergency lights flashing, when a Ford F-150 driver rear-ended him. Responders transported the officer to a local hospital, and the driver of the Ford and its occupants did not suffer injuries in the incident. Maine’s Department of Public Safety reiterated the importance of abiding by the state’s “Move Over” laws.