Maine’s Comparative Negligence Law Explained
When you’re involved in a car accident in Bangor, Maine, determining who was at fault isn’t always black and white. While one driver may have run a red light, another might have been distracted or speeding. In cases like this, Maine’s comparative negligence law is a critical factor in how your injury claim is evaluated, and ultimately, how much compensation you receive.
What Is Comparative Negligence?
Comparative negligence is a legal principle that determines how fault is shared among all parties involved in an accident. Under Maine’s Comparative Negligence Statute, you can recover damages as long as you’re less than 50% responsible for the accident. However, your compensation will be reduced by the percentage of fault you bear.
For example, if you’re awarded $100,000 in damages but are found to be 20% at fault, your recovery would be reduced to $80,000. But if you’re found to be 50% or more at fault, you’re not entitled to recover anything.
This law ensures fairness and means your attorney must prove that your share of fault is as low as possible.
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How Maine Comparative Negligence Affects Your Car Accident
Imagine this scenario:
You’re driving down Union Street in Bangor, Maine, on a rainy evening, and another driver runs a stop sign and collides with your vehicle. However, your headlights were dim, and you were driving slightly over the speed limit. When both insurance companies investigate, they determine you were 15% responsible, and the other driver 85% responsible.
While you still have a strong claim, your settlement will be reduced by 15%, unless your lawyer presents compelling evidence showing that the other driver’s negligence outweighs yours.
VBK Law Can Present the Compelling Evidence You Need to Win Your Case
At VBK Law, our Bangor-based attorneys understand the nuances of Maine’s legal system and have successfully represented countless accident victims across the state. We present compelling evidence to help ensure favorable results.
Whether your case involves a rear-end collision on I-95, a distracted driving crash on Broadway, or a winter weather-related accident near Hammond Street, our legal team helps ensure that comparative negligence doesn’t unfairly reduce your rightful compensation.
At VBK Law, our mission is to help Mainers.
Our attorneys, including Lisa A. Cohen Lunn and Seth D. Harrow, have built reputations for their meticulous case preparation, courtroom skill, and compassionate client advocacy.
How Fault Is Determined in Maine Car Accidents
Determining fault requires a combination of evidence, investigation, and negotiation. Key pieces of evidence your attorney might use include:
- Police Reports – The Bangor Police Department provides detailed reports that can clarify the sequence of events.
- Use of Witness Statements – Eyewitnesses often play a vital role in determining who acted negligently.
- Traffic Camera Footage – Footage from local intersections or nearby businesses can offer undeniable visual proof.
- Accident Reconstruction – VBK Law frequently works with accident reconstruction experts to recreate the scene and highlight exactly how the crash occurred.
This evidence can help counter any attempts by insurance adjusters to increase your share of the fault – a tactic that can significantly reduce your compensation.
How Comparative Negligence Impacts Compensation
The most direct impact of Maine’s comparative negligence law is on your financial recovery. The higher your assigned percentage of fault, the smaller your payout. But the implications go beyond money. They also affect how insurers view your credibility and your ability to claim for pain, suffering, and future medical expenses.
That’s why representation from a Bangor personal injury lawyer at VBK Law is invaluable. We work to show not just who caused the accident, but also how your actions were reasonable and justified under the circumstances.
For instance, if icy roads contributed to the collision, we may consult with the Maine Department of Transportation to obtain weather and road condition reports from that day, strengthening your claim that environmental factors – not driver negligence – played the biggest role.
What to Do After a Car Accident in Bangor
Your actions immediately after a car accident can directly impact how comparative negligence is applied in your case.
Here’s what you should do after a car accident in Maine:
- Call the Police – Always report the accident and request an official report.
- Seek Medical Attention – Even minor injuries can worsen over time.
- Document Everything – Take photos of the scene, your injuries, and any road conditions.
- Avoid Admitting Fault – Even saying “I’m sorry” could be used against you later.
- Contact VBK Law
Before speaking with an insurance adjuster, speak with an experienced Maine accident attorney to protect your rights.
Common Scenarios Where Comparative Negligence Applies
Comparative negligence frequently arises in:
- Rear-End Collisions – If the front driver braked suddenly.
- Intersection Crashes – When both drivers claim they had the green light.
- Pedestrian Accidents – Where both the driver and pedestrian share fault.
- Multi-Vehicle Accidents – When determining fault among several parties.
In each of these cases, having strong representation is key to minimizing your share of liability and maximizing your recovery.
Injured in a Bangor Car Accident? VBK Law Can Help.
If you’ve been injured in a car accident anywhere in Maine, from the county to the Down East area, from Bangor to Portland, understanding comparative negligence is an essential part of protecting your rights.
Don’t let insurance companies dictate your future.
Contact VBK Law today for a free consultation.
Our experienced personal injury attorneys, including Lisa A. Cohen Lunn and Seth D. Harrow, will fight to ensure your side of the story is heard and your recovery is maximized.
