After a Maine truck accident, you might be overwhelmed by the complexity of filing a claim and seeking compensation. Truck accident cases often involve multiple parties, strict federal regulations, and significant losses due to the size and weight of commercial trucks. That’s why working with an experienced Lewiston truck accident lawyer is so beneficial. At Lowry & Associates, we have the knowledge, resources, and dedication to help you seek justice and the compensation you may deserve. When you are dealing with medical bills, lost wages, and the pain and suffering caused by a devastating accident, we are here to stand by your side.
Injured by a Big Truck in Lewiston, ME?
Truck accidents can be devastating, leaving victims with serious injuries, mounting medical bills, and emotional trauma. If you've been injured by a commercial truck in Lewiston, you're likely feeling overwhelmed and uncertain about your next steps. Fortunately, you don’t have to face this challenge alone. As trusted truck accident lawyers in Lewiston, we are here to help you understand your rights and fight for the compensation you may deserve. We have the experience and resources to take on powerful trucking companies and help ensure justice is served. Let us handle the legal complexities while you focus on your recovery.
Why Choose Us?
Understanding Your Needs
We know that every truck accident is different, and so are your needs. Our team will listen to you, understand your situation, and work to get you the support and compensation you may need.
Clear Communication
We believe in talking to you in a way that makes sense. We’ll explain everything about your case in simple terms so you always know what’s happening and what to expect.
Fighting for Fair Compensation
We work hard to make sure you get the compensation you may deserve, not just what the insurance company wants to give you. This means fighting for money for your medical bills, lost wages, pain and suffering, and more.
State & Federal Trucking Laws To Know
When filing a truck accident lawsuit in Maine, you need to understand how state and federal trucking regulations might affect your case. Trucking companies and their drivers must comply with strict safety standards set by the Federal Motor Carrier Safety Administration (FMCSA). Violations of these regulations can serve as evidence of negligence and influence the outcome of your case. Here are key regulations that may impact your claim:
The FMCSA’s Hours of Service (HOS) regulations are designed to prevent driver fatigue, a leading cause of truck accidents. The rules limit how long drivers can be on the road before taking mandatory breaks. Key provisions include:
- 11-Hour Driving Limit: After 10 consecutive hours off duty, a truck driver is allowed to drive for up to 11 hours.
- 14-Hour Limit: Drivers may not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive off-duty hours.
- 30-Minute Break Requirement: Drivers are required to take a 30-minute break after 8 cumulative hours of driving without at least a 30-minute interruption.
- 60/70-Hour Duty Limit: Truckers cannot drive after being on duty for 60 hours over 7 consecutive days or 70 hours over 8 consecutive days. This is meant to ensure that drivers don’t work excessively long weeks, increasing the risk of fatigue.
Another important regulation involves drug and alcohol testing. Truck drivers operating commercial vehicles are required to undergo testing to ensure they are not impaired while driving. The FMCSA mandates testing in the following situations:
- Pre-Employment Testing: Drivers must pass a drug test before being hired by a trucking company.
- Random Testing: Truck drivers are subject to unannounced drug and alcohol testing throughout the year.
- Post-Accident Testing: If a truck driver is involved in an accident, they must be tested for drugs and alcohol if the accident resulted in a fatality, if the driver received a citation, or if the accident caused injury or substantial vehicle damage.
- Reasonable Suspicion Testing: A driver must be tested if their employer has a reasonable belief that the driver may be under the influence of drugs or alcohol based on observable behavior or appearance.
- Return-to-Duty Testing: If a driver fails a drug or alcohol test, they must pass a return-to-duty test before they can resume operating a commercial vehicle.
These tests aim to ensure that truck drivers are sober and alert, reducing the likelihood of accidents caused by impairment. A failure to comply with drug and alcohol testing regulations can serve as strong evidence of negligence in a truck accident lawsuit.
The FMCSA also enforces inspection, repair, and maintenance standards that trucking companies and drivers must follow to keep their vehicles in safe operating condition. These include:
- Daily Vehicle Inspections: Drivers are required to inspect their trucks at the start and end of each workday. This includes checking brakes, lights, tires, steering, and other safety features.
- Annual Inspections: Commercial motor vehicles must undergo a more thorough annual inspection by a qualified inspector to ensure compliance with safety standards.
- Record Keeping: Trucking companies are responsible for maintaining detailed records of vehicle inspections, repairs, and maintenance for at least 12 months. These records can be critical in determining whether poor vehicle maintenance contributed to an accident.
Violations of any of these FMCSA regulations can contribute significantly to proving negligence in a truck accident case. For example, if a truck driver exceeded their hours of service, drove under the influence, or failed to maintain their vehicle properly, it could establish the truck driver’s or company’s liability in your case.
Our legal team will meticulously investigate whether any of these regulations were violated and hold the responsible parties accountable for your injuries and damages.
Negligence and Your Truck Accident Case
To win a truck accident lawsuit, determining fault is necessary. Negligence occurs when a party fails to act with reasonable care, leading to an accident and injury. In your case, you’ll need to demonstrate that:
- The truck driver or another party owed you a duty of care.
- This duty was breached through actions like reckless driving or non-compliance with federal regulations.
- The breach caused the accident and your resulting injuries.
- You suffered damages—be they medical expenses, lost wages, or emotional pain—because of the accident.
A Lewiston truck accident lawyer from Lowry & Associates will gather the necessary evidence to build a strong case, from investigating the crash scene to analyzing driver logs and trucking company records.
Who Is Responsible for Your Accident?
Truck accident cases often involve multiple potentially liable parties. These could include:
- The truck driver if they were negligent, fatigued, or impaired.
- The trucking company if they failed to follow hiring or training protocols.
- Maintenance providers if poor truck upkeep contributed to the accident.
- Manufacturers in the case of defective truck parts.
In Maine, the concept of comparative negligence applies, meaning each party’s share of fault is determined. Even if you are partially at fault, you may still recover compensation. Reach out to Lowry & Associates to help ensure the right people are held responsible for your accident.
How Much Compensation Can You Recover?
Truck accidents can result in significant physical, emotional, and financial harm. The compensation you may be entitled to in a truck accident claim will depend on the severity of your injuries and the impact the accident has had on your life. Here’s a closer look at the various types of damages you could recover:
The most immediate and often the largest expense after a truck accident is related to medical care. Compensation for medical expenses covers the full range of treatment and care you require, both immediately after the accident and in the future. This includes:
- Emergency Room Visits: The cost of ambulance transport and emergency room treatment, such as diagnostic tests (X-rays, MRIs) and immediate care like stitches or setting broken bones.
- Surgery: If your injuries require surgery, including anesthesia, operating room costs, and post-surgery hospitalization.
- Hospital Stays: The cost of inpatient hospital care if your injuries require you to remain under medical supervision for a period of time.
- Medications: Prescription drugs to manage pain or infections following your injuries.
- Rehabilitation and Physical Therapy: Ongoing therapy to regain mobility, strength, or to assist with chronic pain resulting from your injuries.
- Assistive Devices: Items such as wheelchairs, crutches, or prosthetics that may be necessary due to your injuries.
- Future Medical Costs: In severe injury cases, compensation may cover future medical treatments, ongoing rehabilitation, or anticipated surgeries. For example, if a truck accident causes a traumatic brain injury, future expenses could include long-term care and specialized treatment.
If your injuries cause you to miss work, you are entitled to recover compensation for the income you lost during that time. This includes:
- Hourly Wages or Salaries: Compensation for the specific number of workdays or hours you missed due to your injuries, including time spent in recovery or attending medical appointments.
- Sick Days or Vacation Days Used: If you had to use sick leave or vacation time while recovering from your injuries, you may be compensated for the lost value of those benefits.
- Self-Employment Income: For those who are self-employed, lost income may be more complex to calculate, but it can include lost business opportunities or missed contracts during your recovery period.
In cases where your injuries prevent you from returning to the same type of work or limit your ability to earn as much as you did prior to the accident, you can seek compensation for reduced earning capacity. This involves:
- Permanent Disability: If the accident leaves you with a permanent disability (such as loss of limb or severe spinal injuries), you may not be able to return to your previous occupation. Compensation will cover the reduction in your future earning potential.
- Vocational Retraining: If you are no longer able to perform your previous job but can retrain for a new profession, you may be compensated for the costs of vocational training or education to switch careers.
- Loss of Promotions or Career Advancement: In some cases, your injury may prevent you from reaching milestones in your career, such as promotions or bonuses, for which compensation may be sought.
In addition to tangible expenses like medical bills and lost wages, truck accident victims are often entitled to non-economic damages for the pain and suffering they endure. This category includes:
- Physical Pain: Compensation for the physical discomfort and suffering caused by your injuries, including ongoing or chronic pain that may not subside after treatment.
- Emotional Distress: Truck accidents can leave victims dealing with emotional and psychological trauma, including anxiety, depression, PTSD, and loss of enjoyment of life. For example, if you are no longer able to participate in hobbies or activities you enjoyed before the accident, this could factor into your compensation for pain and suffering.
- Loss of Consortium: In some cases, family members may seek compensation for the loss of companionship or the strain the accident has placed on their relationship with the victim, such as a spouse no longer able to maintain their previous level of intimacy or support due to the injuries.
In rare circumstances, punitive damages may be awarded in addition to compensatory damages. These damages are designed to punish particularly egregious or reckless behavior and to deter similar conduct in the future.
If your vehicle or other personal property was damaged or destroyed in the truck accident, you could be compensated for the repair or replacement costs. This typically includes:
- Vehicle Repair Costs: The expense of repairing your vehicle, or if it was totaled, the replacement cost of a new vehicle.
- Personal Belongings: Any personal items damaged or lost in the crash, such as cell phones, laptops, or other valuables that were in the vehicle.
Your Lewiston truck accident lawyer will help you understand the full extent of your damages to help make sure you receive justice for what you’ve been through.
Getting our clients REAL RESULTS
Common Truck Accident Causes & Injuries
Truck accidents can result from numerous factors, some of which may be tied to driver negligence or trucking company policies. Common causes include:
- Jackknifing: When a truck’s trailer swings out from behind and folds in on itself.
- Speeding and Reckless Driving: Large trucks need more time to stop, and speeding increases the likelihood of an accident.
- Drunk Driving: A truck driver under the influence of alcohol or drugs is a danger to everyone on the road.
- Distracted Driving: Cell phone use and other distractions are leading causes of accidents.
- Driver Fatigue: Despite federal regulations, some drivers push beyond the legal limits, leading to drowsy driving and accidents.
Injuries from truck accidents are often severe, including traumatic brain injuries, spinal cord injuries, broken bones, and even fatalities. If you’ve been seriously injured in a truck accident, you deserve experienced legal representation to help you through the process.
Our Experienced Lewiston Truck Accident Attorneys
Why Work With Lowry & Associates?
Choosing the right law firm can make all the difference in your case. Lowry & Associates has been serving Maine since 1971, and our personal injury attorneys have decades of experience handling truck accident cases. When you work with us, you’ll benefit from:
- Personalized Attention: We prioritize your needs and tailor our legal strategies to your specific situation.
- Proven Track Record: We’ve recovered millions of dollars in compensation for our clients.
- No Upfront Fees: We work on a contingency fee basis, meaning you pay nothing unless we win your case.
Our firm has a reputation for fighting for the maximum compensation our clients deserve, and we have the resources to take on big trucking companies and their insurers.
Don’t Wait To File a Lawsuit–Time Is Limited!
In Maine, the statute of limitations for filing a truck accident lawsuit is 6 years. However, certain deadlines, such as filing claims against a government entity, could be as short as 30 days. It’s essential to consult with an attorney as soon as possible to ensure you don’t miss your window to file a claim. Lowry & Associates is here to guide you through the legal process and make sure your rights are protected.
See What Our Clients Are Saying About Us
I felt very comfortable with Don representing me. I feel he did the very best job possible. I was also very thankful to have a lawyer with as much experience in these types of cases as Don does. Thanks again.
-Diane G.Jennifer was the one whom I spoke with the most and she was excellent in handling everything including being a very sweet and caring person.
-Valerie H.The people you have working for the firm were courteous and very helpful. I would recommend you to all my friends and family. Thank you!
-Ricky G.Throughout the duration of my case, everyone I have dealt with in your firm has been very kind, courteous and very helpful. My lawyer did not give up and fought for what was rightfully owed to me, even though the process was timely. I am 100% percent satisfied with the service I was provided with. The case went smooth, and I was always treated with respect and courtesy. I thought I wouldn’t have been treated so well being a younger client!
-Taryn W.My wife and I were happy with the way that you handled our case. We would certainly come to you again if needed!
-Jasper C.The injuries from this experience caused me to lose an entire year from my life. The company responsible for this accident cared nothing about my well-being and refused to work with me. Despite the odds, your firm was willing to take my case. The staff that handled my case was absolutely courteous, friendly, and appeared interested in me and my well-being. I would highly recommend your firm. Thank you so much for your kind and friendly service.
-Rita B.Most of the time I felt like your whole group was treating me like I was the only client!
-Rodney M.Everyone was excellent, you could not ask for a better team of professionals working on your side!
-Misty B.My attorney did an excellent job on my case. Whenever I had a question, he provided me with an answer and made it a priority!
-Ryan M.Between conversations and emails with Michael and Marie, I never felt as though I was not kept in the know about my case. They were an incredible part of my team!
-Kristen D.Schedule a Free Consultation With a Lewiston Truck Accident Attorney
If you’ve been involved in a truck accident, don’t hesitate to seek the legal help you need. Contact Lowry & Associates today for a free consultation. Each Lewiston truck accident lawyer at our office is here 24/7 to answer your questions, discuss your case, and help you explore your legal options. There’s no risk—just compassionate, experienced representation ready to fight for you.