Maine Injury Lawyer Blog

If you are involved in a Maine car accident, you will often notice that the responding officer will interview you and other witnesses, inspect the scene, and record notes. These notes will form the basis of an accident report, which contains a police officer’s observations in the aftermath of a crash. Crucially, the report may also include the officer’s opinions about the accident, including the person they believe was responsible. If you or a loved one has suffered injuries in a Maine car accident, you should request a copy of the accident report as soon as possible.

Why Should You Request an Accident Report?

In the event that you sue the responsible party for negligence, the accident report could support your version of events. If an officer believes that another party’s negligent behavior contributed to the crash, you can introduce the accident report as evidence to support your claim. In addition to helping your claim, an accident report can also negate a defendant’s alternative story of the accident. For example, the defendant may claim you struck their vehicle, but the officer may reach the opposite conclusion. An accident report can thus provide powerful, unbiased evidence from a neutral third party that you were not at fault, or the defendant was more at fault.

In addition to helping your case in a negligence lawsuit, accident reports can also prove helpful in the insurance process. If your vehicle suffers property damage from an accident, you can use the accident report to file a claim with your insurance carrier. If the officer concluded you were not at fault for the accident, you could have a stronger claim for your insurance carrier to cover your expenses.

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Head-on collisions occur when two vehicles traveling in opposite directions crash into each other. This type of car accident can result in severe injury to drivers and passengers. A recent Maine accident demonstrates the serious consequences of a head-on collision.

As a recent news article reported, a head-on collision in Woolwich, Maine, injured two people and killed a dog. The accident occurred when a seafood delivery driver suddenly veered across the roadway and into oncoming traffic. As a result, his delivery van collided with a Subaru head-on. First responders had to remove both drivers from their vehicles. They were transported to the hospital for serious injuries. The Subaru driver’s dog died from the crash. According to local officials, the crash occurred during a period of steady rain.

What Are the Causes of a Head-On Collision?

Many contributing factors can lead to a head-on collision. First, inclement weather may cause the roads to become more slippery, making it harder for drivers to control their vehicles. To prevent a head-on collision, avoid driving in dangerous weather conditions when possible. If you must drive in inclement weather, be sure to drive slowly and look out for any slippery patches on the road. Second, a head-on collision may occur when a driver speeds or attempts to pass a vehicle by veering into the opposite lane. Too often, a driver does not see an oncoming vehicle until it is too late. To stay safe, leave early for your destination so you can resist the urge to speed. Finally, a collision may occur when drivers fail to give their full attention to the road. Distracted driving, drowsy driving, and driving under the influence of drugs or alcohol can all place you and other drivers at serious risk of a head-on collision. When you get behind the wheel, make sure you focus on the road to avoid a collision.

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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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