Maine follows a comparative negligence rule for car accident claims, which means that even if you are partly at fault for causing the accident, you can still recover compensation for medical bills, vehicle damage, and other losses. However, the amount of compensation you can recover in a car accident case may be reduced by the percentage of blame you hold for causing the accident. That’s why it is in your best interest to have an attorney who can help minimize any effect on your compensation that may be attributed to your role in the crash.
Our attorneys can help by investigating the cause of the crash in an effort to prove the other driver was negligent and that their negligence was the primary cause for the crash. A contested liability claim can become contentious; working with an experienced Maine car accident attorney is your best chance of securing full and fair compensation after a collision. They can build your case, handle the legal matters, and protect your legal interests.
Maine’s at-fault laws for car accident claims
Maine’s tort system requires the driver who caused the collision (defined as contributing more than 50% of the fault) to pay the damages of the other party. As the plaintiff in an accident case, you have the burden of proof and therefore the Plaintiff must establish each of the four elements of negligence:
- Duty: The other driver had a duty of care to drive safely, follow traffic laws, and avoid causing harm to others on the road
- Breach: The driver violated their duty of care, thereby causing the collision
- Causation: You suffered injuries as a result of the other driver’s negligence
- Damages: A plaintiff also must be able to prove what damages and harm they suffered as a result of the other driver’s negligence
The purpose of filing a personal injury lawsuit is to compensate individuals for losses they would not have incurred but for the actions of the at-fault driver. So, how do you successfully dispute a car accident and secure fair compensation when liability is contested?
Always call the police and file an accident report
Maine law requires any driver involved in a traffic collision to stay at the accident scene and report the accident to local authorities. It’s best to always call the police after a crash, even if you don’t think you’re hurt or the damage to your vehicle is that bad. There are a few good reasons to do so:
- The responding officer manages the scene and coordinates the exchange of information between the drivers
- They make an official police report, which contains pertinent information about the crash, plus an officer’s narrative that indicates how it happened and their opinion of who caused it
- Police can gather witness statements, which your lawyer can use to help build your case
Finally, when you call 911, you’ll also have medical responders who can evaluate your condition, checking for “hidden” injuries that may not present immediate symptoms, like soft tissue damage or a concussion. This gives you the best chance of recovery and starts a paper trail that links your injuries to the crash.
Your next call should be to a lawyer. They can guide you through the next steps and how to deal with the insurance companies.
How your lawyer helps you dispute fault in a contested car accident claim
The first step a lawyer takes is conducting an independent investigation of the case and finding additional evidence to help build a strong case on your behalf. Many car accident lawyers use private investigators and experts, like an accident reconstructionist, to help recreate the events leading up to the collision.
Witness statements are an important part of case-building. Your attorney might hire private investigators to interview witnesses or people involved who may shed light on what the other driver was doing, such as texting and driving. If litigation is necessary your attorney can also depose witnesses and the people involved to get their testimony under oath.
Electronic evidence is another key element in establishing fault. All cars manufactured after 2014 have an Event Data Recorder (EDR) built in; it’s like the “black box” in an airplane. It logs the speed, direction, and torque of a vehicle. This information, and data from the driver’s cell phone, can help your lawyer prove who was at fault for a crash.
Working with your insurance company to dispute fault
Your insurance policy probably has a provision that says you need to report any accident within a certain period of time or coverage is waived. Even when an accident isn’t your fault you still want to file a claim with your carrier. Your policy probably has provisions that allow for coverage for some of your medical care and the damage to your vehicle. When speaking with your insurance company you should never indicate the accident was your fault unless that is in fact the case. If fault is in dispute, it’s best to tell the insurance company that you’ve hired a lawyer and then let your lawyer communicate with the insurance company directly.
When an accident is caused by someone else, and you receive compensation from your insurance company related to the crash, your insurer may pursue a repayment action known as a subrogation claim. In that scenario, your insurer may pay your claim, then go after the at-fault party for reimbursement for the money they spent paying for your claim.
Disputing fault protects your rights
Have you been involved in a car crash you didn’t cause? If the other driver is disputing fault, our legal team can swiftly take action to protect your rights. Call Shaheen & Gordon today at (800) 451-1002 or contact us online for a consultation.
