Being injured in a car accident is problematic enough, but unfortunately it's usually not the end of the story. Medical bills and lost wages will pile up, and someone has to pay for them. Getting money from an insurance company or from a negligent party involved in a car accident can be a real struggle. Auto accident law in Maine has a few unique elements that are important to understand if you've been involved in an accident in the state.
One of the notable elements of auto accident law in Maine is the modified comparative fault rule. What this rule states is that if you are 50% or more at fault for an accident, you cannot collect damages for personal injury. If your percentage of fault is less than 50% you can collect, but the amount will be reduced. For example, if you're considered to be 30% at fault for an accident, the total damages you can collect are reduced by that same percentage.
Establishing Negligent Driving
This means that establishing fault is very important for auto accident law in Maine. In order to collect any damages, you must be able to prove that a person injured you through their own negligence. This means that they were driving without using reasonable care. In Maine, you can actually collect damages from multiple parties if they were all negligent toward you. Each person named in the lawsuit pays an amount of the damages, according to their level of fault in the accident.
Damages Covered Under Auto Accident Law in Maine
A person whose negligence results in a serious injury to you is potentially responsible for a number of different types of damages. Medical expenses incurred as a result of the accident, lost wages due to injury or hospital visits, damaged property, emotional pain and suffering, and permanent disabilities or disfigurements are all covered under auto accident law in Maine.
It's not always necessary to contact an attorney when involved in an accident, but if there's been a serious injury, it may be a good idea. Personal injury adds a significant level of complication to any accident, and you'll want an expert in auto accident law in Maine on your side. Your lawyer can help ensure that you're not stuck paying the bills for someone else's negligence. Or if you're accused of being at fault, a lawyer can prevent you from being taken advantage of in court.