Maine Car Accident Laws
Maine law determine how fault is assigned, what you need to prove to show negligence, and the time limits for filing a claim. Below, we break down some of the key aspects of Maine’s car accident laws to help you better understand your rights and responsibilities after a crash.
Maine Is a Fault State
Maine operates under a “fault” system when it comes to auto insurance and car accident liability, meaning that the at-fault driver is responsible for compensating the other party.
Proving Negligence
In legal terms, negligence occurs when someone fails to act with the level of care that a reasonable person would in similar circumstances. In car accident cases, this means drivers are expected to follow the rules of the road, obey traffic signs, and stay alert while driving. Negligence can include behaviors such as driving under the influence, speeding, ignoring posted signs, or driving recklessly. To prove fault in a car accident, your Portland car accident attorney will need to demonstrate that the other driver breached their duty of care and that this breach directly caused your injuries and damages.
However, because Maine follows comparative negligence laws, you could be barred from receiving compensation if you are found to be 50% or more at fault for the accident. If you are less than 50% at fault, the amount of compensation you may be entitled to will be reduced by your percentage of fault. For example, if you are found 30% responsible, your compensation will be reduced by 30%.
Deadline to File a Claim in Maine
In Maine, you have 6 years from the date of your car accident to file a lawsuit for compensation. While 6 years may seem like a long time, certain cases require quicker action. Some notices must be filed within months, and insurance deadlines can be as short as 30 days. To avoid missing any important deadlines, it’s important to contact an attorney as soon as possible. Acting quickly can help ensure you protect your rights and meet all necessary legal requirements.