Maine Motorcycle Accident Attorney

Road Rash

Road rash is a common injury in motorcycle accidents, occurring when a rider's body slides across the pavement. It can range from minor scrapes to severe abrasions that expose muscle and bone. Even minor road rash requires immediate medical attention to prevent infection and scarring.

Traumatic Brain Injuries (TBIs)

TBIs are among the most serious injuries in motorcycle accidents, often occurring when a rider's head hits the ground or an object. Even with a helmet, the impact can cause brain damage, leading to long-term cognitive, physical, and emotional problems.

Spinal Cord Injuries

Motorcycle accidents can result in spinal cord injuries, which may cause partial or complete paralysis. These life-altering injuries require extensive medical treatment and rehabilitation and can have a profound impact on a victim's quality of life.

Broken Bones

Broken bones are frequent in motorcycle accidents due to the force of impact. Arms, legs, ribs, and collarbones are commonly fractured. These injuries often necessitate surgery, physical therapy, and a lengthy recovery period.

Internal Injuries

Internal injuries are not always visible but can be just as dangerous as external injuries. In motorcycle accidents, internal bleeding, organ damage, and internal fractures can occur, requiring immediate medical attention to prevent life-threatening complications.

Motorcycle accidents often leave victims with complex medical conditions and significant financial burdens. If you or a loved one has been injured in a motorcycle accident in Maine, McCue Law Office's experienced Maine motorcycle accident lawyers can help you seek the compensation you deserve. Don't face the aftermath of a motorcycle crash alone. Contact McCue Law Office today for a free consultation and let us fight for your rights.

Maine Motorcycle Laws and How They Impact Your Case

Understanding Maine's motorcycle laws is essential for anyone involved in a motorcycle accident. These laws not only affect your safety but also impact your legal rights and the outcome of any motorcycle accident claims. At McCue Law Office, our experienced Maine motorcycle accident lawyers are dedicated to helping injured motorcyclists navigate these laws to secure the compensation they deserve.

Maine Helmet Laws

Maine law requires all motorcycle riders and passengers to wear helmets that meet the U.S. Department of Transportation (DOT) standards. While helmets are designed to protect riders from traumatic brain injuries in a motorcycle crash, not wearing one can affect your ability to seek full compensation for your injuries. Insurance companies often argue that not wearing a helmet contributed to the severity of your injuries, potentially reducing your settlement.

Maine Lane Splitting Laws

Unlike some states, Maine does not explicitly permit lane splitting (riding between lanes of stopped or slow-moving traffic). Lane splitting is a controversial practice, and engaging in it could lead to legal repercussions if you're involved in a motorcycle accident. If the other driver or their insurance company can prove that lane splitting contributed to the accident, your compensation might be reduced or even denied.

How Maine Motorcycle Laws Affect Your Case

Understanding Maine's motorcycle laws is crucial for several reasons:

• Liability: If you were not wearing a helmet or were lane splitting, it might be argued that you were partially responsible for the accident and your injuries. This could reduce the compensation you receive.
• Compensation: Even if you were following all the laws, understanding them can help your attorney build a stronger case, increasing your chances of obtaining maximum compensation for your medical expenses, lost wages, pain, and suffering.
• Legal Representation: An experienced Maine motorcycle accident lawyer like McCue Law Office will thoroughly understand Maine's motorcycle laws and can use this knowledge to your advantage.

If you or someone you know has been injured in a motorcycle accident in Maine, contacting McCue Law Office is a critical step. Our experienced Maine motorcycle accident lawyers have in-depth knowledge of Maine's motorcycle laws and a proven track record of helping injured motorcyclists recover the compensation they deserve. Don't let a lack of understanding of Maine motorcycle laws jeopardize your case.

How a Maine Motorcycle Accident Lawyer Can Help

McCue Law Office's experienced Maine motorcycle accident lawyers know that the aftermath of a motorcycle crash can be overwhelming. We're here to guide you through the legal process, advocate for your rights, and work tirelessly to get you the compensation you deserve.

Investigating the Accident

After a motorcycle accident in Maine, a thorough investigation is crucial. Our attorneys will visit the accident scene, interview witnesses, and review police reports. We'll work with accident reconstruction experts if needed to determine exactly how the accident occurred and who was at fault. This detailed investigation helps us build a strong case on your behalf.

Gathering Evidence

Evidence is key to a successful motorcycle accident claim. We'll gather all relevant evidence, including medical records, photographs of your injuries, and any available video footage of the accident. We'll also obtain statements from medical professionals detailing the extent of your injuries and the expected impact on your life. This evidence will help us prove the severity of your injuries and the resulting damages.

Negotiating with Insurance Companies

Dealing with insurance companies after a Maine motorcycle accident can be frustrating. Insurance adjusters often try to minimize payouts and may pressure you into accepting a quick settlement that doesn't fully cover your expenses. Our attorneys are skilled negotiators and will handle all communication with the insurance company. We'll fight to ensure you receive fair compensation for your medical expenses, lost wages, pain and suffering, and other damages.

Filing a Lawsuit

If a fair settlement cannot be reached with the insurance company, we're prepared to file a lawsuit and take your case to trial. Our experienced litigators will aggressively advocate for your rights in court, presenting a compelling case for maximum compensation.

Whether you were injured in a motorcycle crash in Portland, Bangor, Augusta, or anywhere else in Maine, McCue Law Office is here for you. We understand the unique challenges faced by motorcycle accident victims in Maine and will fight tirelessly to get you the justice and compensation you deserve.

Damages You Can Recover in a Maine Motorcycle Accident Claim

If you've been injured in a motorcycle accident in Maine, you may be wondering what damages you can recover. The good news is that Maine law allows injured motorcyclists to seek compensation for a wide range of damages, including:

Medical Expenses

Medical expenses are often the most significant cost associated with a motorcycle accident. These expenses can include emergency room visits, hospital stays, surgeries, medications, physical therapy, and ongoing medical care. It's important to keep track of all of your medical bills and expenses so that you can seek full compensation for them.

Lost Wages

If your injuries prevent you from working, you can seek compensation for your lost wages. This includes not only your past lost wages but also your future lost earning capacity if your injuries are permanent. To support your claim for lost wages, it's important to provide documentation of your income and work history.

Pain and Suffering

Motorcycle accidents often cause significant pain and suffering. This can include physical pain from your injuries, emotional distress from the trauma of the accident, and the loss of enjoyment of life. While pain and suffering can be difficult to quantify, it's an important component of your motorcycle accident claim.

Emotional Distress

In addition to physical pain, motorcycle accidents can also cause emotional distress, such as anxiety, depression, and post-traumatic stress disorder (PTSD). These conditions can have a significant impact on your life and well-being, and you may be entitled to compensation for them.

Property Damage

If your motorcycle was damaged in the accident, you can seek compensation for the cost of repairs or replacement. This includes not only the motorcycle itself but also any personal property that was damaged in the crash, such as your helmet, riding gear, and other belongings.

McCue Law Office understands the challenges faced by motorcycle accident victims in Maine. Our experienced Maine motorcycle accident lawyers will fight tirelessly to ensure you receive the full compensation you deserve for all of your damages. Contact us today for a free consultation to discuss your case.

Common Defenses Used by Defendants in a Motorcycle Accident Case

When motorcycle accident victims seek compensation for their injuries, the defense strategies used by the other driver's insurance company can significantly impact the outcome of the case. Understanding these common defenses can help you and your Maine motorcycle accident lawyer prepare a robust case. Below are some of the most frequently used defenses in motorcycle accident cases.

Contributory Negligence

One of the most common defenses is contributory negligence. This defense argues that the motorcycle rider was partly or wholly responsible for the accident. In Maine, the comparative negligence rule applies, meaning that if the motorcycle rider is found to be more than 50% at fault, they cannot recover any damages. Insurance companies often scrutinize the accident scene, police reports, and witness statements to find any evidence that the motorcyclist was speeding, distracted, or violating traffic laws. Our experienced motorcycle accident attorneys can counter this by gathering relevant evidence, such as accident reconstruction experts' analyses and medical records, to prove the rider's minimal or non-existent fault.

Failure to Wear a Helmet

Maine law requires helmets for riders under 18 and for those with a learner's permit or less than a year of riding experience. However, even if you're not legally required to wear a helmet, failing to do so can still be used against you in a motorcycle accident case. The defense might argue that not wearing a helmet contributed to the severity of traumatic brain injuries or other head injuries. This argument can affect the compensation you receive for medical expenses and pain and suffering. An experienced motorcycle accident lawyer at our Maine law office can help demonstrate that your injuries would have occurred regardless of helmet use, depending on the nature of the accident.

Assumption of Risk

The assumption of risk defense claims that motorcycle riders inherently accept the dangers associated with riding. This argument suggests that by choosing to ride, motorcyclists accept the possibility of accidents and injuries. While this defense might sound reasonable, it doesn't absolve other drivers from their duty to operate their vehicles safely. Our Maine personal injury attorneys can counter this defense by showing that the other driver involved was negligent or reckless, such as through distracted driving or violating posted speed limits.

Sudden Emergency

The sudden emergency defense argues that the other driver faced an unexpected situation that required immediate action, leaving no time to avoid the motorcycle crash. This could include instances like a pedestrian stepping into traffic or an animal running onto the road. The defense will claim that the driver’s actions were reasonable under the circumstances. However, our lawyers can challenge this by demonstrating that the emergency was foreseeable or that the driver’s response was unreasonable.

No Visible Injuries

Insurance companies often argue that if motorcycle accident victims do not have visible injuries, their claims are exaggerated. This defense overlooks the fact that many motorcycle injuries, such as neck injuries, spinal cord injuries, and internal injuries, might not be immediately apparent. Medical records and expert testimonies are crucial in proving the extent of these injuries and their long-term impact on the victim's life.

Speeding

Another common defense is that the motorcycle rider was speeding at the time of the accident. The defense will use evidence from the accident scene, such as skid marks and damage to the vehicles, to support this claim. We can challenge this by presenting evidence of the posted speed limit and eyewitness accounts to show that the rider was traveling at a safe speed.

Mechanical Failure

Defendants may claim that a mechanical failure, rather than driver error, caused the motorcycle accident. This defense shifts the blame to factors like brake failure or tire blowouts. To counter this, our Maine personal injury lawyers will investigate the maintenance records of the other driver’s vehicle and possibly bring in mechanical experts to verify the validity of these claims.

Unique Challenges in Motorcycle Accident Cases

Motorcycle accident cases come with unique challenges that differentiate them from other types of vehicle accidents. For those involved in a motorcycle accident in Maine, understanding these challenges is crucial to seeking fair compensation. McCue Law Office's experienced motorcycle accident attorneys are well-versed in navigating these complexities to help injured motorcyclists.

Visibility and Perception

One of the primary challenges in motorcycle accident cases is the issue of visibility and perception. Motorcycles are smaller than other vehicles and can be easily overlooked by other drivers, especially at intersections or during lane changes. This lack of visibility often leads to serious injuries for motorcycle riders. Additionally, there is a bias against motorcyclists, with many people perceiving them as reckless or dangerous. This bias can influence the opinions of juries and even insurance companies, complicating the motorcycle accident claims process.

Severe and Unique Injuries

Motorcycle riders are more vulnerable to severe injuries than occupants of cars or trucks due to the lack of protective barriers. Common injuries in motorcycle accidents include traumatic brain injuries, spinal cord injuries, broken bones, and neck injuries. These injuries often require extensive medical treatment, physical therapy, and sometimes result in permanent disability. The severity of these injuries means that motorcycle accident victims often face higher medical expenses and longer recovery times. Our experienced motorcycle accident attorneys will gather comprehensive medical records and work with medical experts to accurately document the extent of your injuries and their impact on your life.

Accident Reconstruction

Determining fault in motorcycle crashes can be complex. Motorcycle accident attorneys frequently work with accident reconstruction experts to analyze the accident scene, gather evidence, and recreate the events leading up to the crash. These experts can provide crucial insights into factors such as speed, road conditions, and the actions of the other driver involved. Accurate accident reconstruction is vital for countering defenses from the other driver's insurance company and establishing liability in Maine motorcycle accident cases.

Insurance Company Tactics

Insurance companies often employ tactics to minimize payouts in motorcycle accident claims. They might argue contributory negligence, claiming the motorcyclist was partially at fault for the accident. Maine follows a comparative negligence rule, which can reduce or eliminate compensation if the rider is found to be more than 50% at fault. Insurance companies may also downplay the severity of injuries or the necessity of medical treatments to reduce compensation. An experienced motorcycle accident lawyer at our law firm can counter these tactics by presenting solid evidence, including medical records, accident reports, and expert testimonies.

Helmet Laws and Injury Claims

While Maine law mandates helmet use for riders under 18 and those with less than a year of riding experience, it does not require all riders to wear helmets. However, if a rider was not wearing a helmet at the time of the accident, the insurance company might argue that the injuries sustained were worsened by this choice. This can affect the amount of compensation awarded. Our Maine motorcycle accident lawyers are prepared to address these claims by demonstrating the correlation between helmet use and the specific injuries sustained.

Financial and Emotional Burdens

Motorcycle accidents often result in significant financial burdens for victims, including lost wages, medical expenses, and property damage. The emotional and psychological impact of severe injuries, such as pain and suffering, can also be profound. Our experienced Maine motorcycle accident attorneys help quantify these non-economic damages to seek maximum compensation. We also assist clients in navigating the legal process during this stressful time, ensuring that all relevant evidence is collected and presented effectively.

The Importance of Gathering Evidence for Your Motorcycle Accident Claim

When filing a motorcycle accident claim, the evidence you gather can make the difference between receiving fair compensation and having your claim denied. Motorcycle accident victims in Maine must understand the importance of collecting relevant evidence immediately after the accident. This crucial step ensures that motorcycle accident attorneys can build a strong case to secure the maximum compensation for your injuries.

Documenting the Accident Scene

The first step to gathering strong evidence is to thoroughly document the accident scene. This includes capturing photographs of the scene from multiple angles, any visible damage to the vehicles involved, and any visible injuries you sustained. Be sure to capture details like skid marks, road debris, weather conditions, and traffic signs. These photos serve as a visual record of the accident's aftermath and can be invaluable in proving liability.

Collecting Witness Statements

Witness accounts can provide crucial unbiased perspectives on the accident. If anyone witnessed the crash, obtain their contact information and a brief statement about what they saw. Their testimony can corroborate your account of the events and strengthen your claim. McCue Law Office's team will diligently interview witnesses and ensure their statements are accurately documented.

Obtaining Police Reports

Police reports are official documents that detail the officer's observations and findings at the scene. These reports often contain important information about the accident, including the parties involved, contributing factors, and potential violations of traffic laws. McCue Law Office's attorneys will obtain the police report on your behalf and leverage its details to build a persuasive case.

Medical Records and Expenses

Your medical records are essential for proving the extent of your injuries and the associated costs. Even if your injuries seem minor at first, seeking prompt medical attention is crucial. Some injuries, like concussions or internal bleeding, may not be immediately apparent. McCue Law Office will work with your healthcare providers to gather detailed medical records, bills, and any future treatment plans, all of which are essential in calculating a fair compensation amount.

Accident Reconstruction Experts

In complex motorcycle accident cases, accident reconstruction experts can be invaluable. These professionals analyze the accident scene, vehicle damage, and other physical evidence to create a detailed reconstruction of how the crash occurred.Their expert opinions can be instrumental in proving fault and liability, especially in cases where the cause of the accident is disputed. McCue Law Office has a network of trusted experts who can provide crucial insights into your case.

Handling Insurance Company Interactions

Dealing with insurance companies after an accident can be overwhelming. Adjusters often try to minimize payouts or shift blame to the injured party. It's crucial to avoid giving recorded statements or accepting settlements without consulting an attorney. McCue Law Office's experienced negotiators will handle all communication with the insurance company, protecting your rights and advocating for your best interests.

Consistent and Detailed Documentation

Keep a detailed record of your injuries, medical treatments, and the impact the accident has had on your daily life. Note any pain, discomfort, limitations, and emotional distress you experience. This information is essential for proving the full extent of your damages, including pain and suffering. McCue Law Office will help you create a comprehensive record of your recovery journey.

Gathering evidence is the foundation of a successful motorcycle accident claim in Maine. At McCue Law Office, we have a proven track record of helping injured riders secure the compensation they deserve. Our dedicated Maine motorcycle accident attorneys will carefully collect, analyze, and present evidence to build a compelling case on your behalf.

The Role of Insurance Companies in Motorcycle Accident Claims

When a motorcycle accident occurs in Maine, insurance companies play a significant role in the aftermath. Whether you're dealing with your own insurance company or the other driver's insurance company, understanding their role and tactics is crucial for protecting your rights and getting the compensation you deserve.

How Insurance Companies Evaluate Claims

In the aftermath of a motorcycle accident in Maine, insurance companies play a crucial role in determining the compensation for the injuries sustained. The process begins when the injured motorcyclist files a motorcycle accident claim with their or the other driver's insurance company. The insurance company evaluates the claim to determine the extent of the motorcycle injuries and the associated financial compensation.

Insurance companies start by gathering relevant evidence from the accident scene. This includes police reports, accident reports, medical records, and witness statements. They closely examine the details to establish the fault and the extent of the injuries. For instance, visible injuries like broken bones or neck injuries are documented, and the victim’s medical expenses and lost wages are calculated.

An essential part of the evaluation involves assessing the injuries sustained. Serious injuries such as traumatic brain injuries and spinal cord injuries are meticulously reviewed. Insurance adjusters may consult accident reconstruction experts to understand the accident dynamics, especially in complex motorcycle accident cases involving severe injuries or multiple parties.

Common Tactics Used by Insurance Adjusters

Insurance adjusters often employ various tactics to minimize the payout in motorcycle accident claims. Understanding these strategies can help injured motorcyclists in Maine navigate the claims process more effectively.

• Quick Settlement Offers: Adjusters may offer a quick settlement soon after the accident, hoping the motorcycle accident victim accepts before the full extent of the injuries is known. These initial offers are typically lower than the fair compensation deserved.
• Disputing Liability: Another common tactic is disputing the liability of the driver involved in the accident. Adjusters may argue that the motorcycle rider was partially at fault, which can significantly reduce the compensation amount.
• Questioning the Severity of Injuries: Insurance companies may scrutinize medical records and question the severity of the injuries. They might claim that the injuries were pre-existing or not as serious as reported. This tactic is often used in cases involving injuries that are not immediately visible, such as traumatic brain injuries or spinal cord injuries.
• Delaying the Claims Process: Delays can be a deliberate strategy to pressure the victim into accepting a lower settlement. Prolonging the claims process can financially strain the victim, making them more likely to settle for less than they deserve.
• Surveillance: In some cases, insurance companies might conduct surveillance to monitor the injured motorcyclist’s activities. They aim to gather evidence that contradicts the victim’s claims about the severity of their injuries.

Statute of Limitations for Maine Motorcycle Accident Claims

In Maine, the statute of limitations for filing a motorcycle accident claim is generally six years from the date of the accident. This means you have six years to file a lawsuit against the at-fault driver involved in your Maine motorcycle accident. 

If you miss this deadline, you may lose your right to seek financial compensation for your medical expenses, lost wages, pain and suffering, and other damages related to your motorcycle injuries. However, it's crucial to consult with an experienced Maine motorcycle accident lawyer as soon as possible after your accident, as there may be exceptions to the statute of limitations depending on the specific circumstances of your case.

FAQs on Maine Motorcycle Accident Cases

How do Maine motorcycle accident attorneys handle cases involving uninsured or underinsured motorists?

In cases involving uninsured or underinsured motorists, Maine motorcycle accident lawyers explore all possible avenues for compensation. This includes filing claims against the victim’s own insurance policy under uninsured/underinsured motorist coverage. They also investigate other potential sources of compensation, such as third-party liability claims. The experienced attorneys at McCue Law Office are skilled at navigating these challenging scenarios to secure the best possible outcome for their clients.

How are pain and suffering calculated in a Maine motorcycle accident claim?

Pain and suffering are calculated based on several factors, including the severity of the injuries, the impact on the victim’s daily life, and the duration of recovery. In Maine, this calculation often involves a multiplier method, where the total medical expenses are multiplied by a factor (usually between 1.5 and 5) to estimate non-economic damages. An experienced motorcycle accident lawyer can help ensure that this aspect of the compensation is fully and fairly represented, taking into account all the physical and emotional impacts of the accident.

What specific Maine motorcycle laws should be considered when determining liability in a motorcycle accident case?

In Maine, several specific laws govern motorcycle operation and can influence liability determinations in motorcycle accident cases. These include helmet laws, which mandate that all riders under 18 must wear helmets, and those with a learner’s permit or within one year of completing their driving test must also comply. Maine motorcycle laws also stipulate that motorcycles must have at least one rearview mirror, functional turn signals, and proper lighting. Violation of these laws can impact the assessment of fault, especially if non-compliance is found to contribute to the motorcycle crash.

How do Maine courts address the issue of comparative negligence in motorcycle accident claims?

Maine follows a modified comparative negligence rule. This means that a motorcycle accident victim can still recover damages even if they are partially at fault, as long as their fault does not exceed 50%. If the motorcyclist is found to be 50% or more at fault, they are barred from recovering any damages. For example, if a motorcycle rider is determined to be 30% at fault for a crash and the total damages are $100,000, the rider can recover $70,000 from the other driver’s insurance company. Experienced motorcycle accident attorneys in Maine can help determine the degree of fault and argue for a fair compensation distribution.

What role do accident reconstruction experts play in Maine motorcycle accident cases?

Accident reconstruction experts are crucial in Maine motorcycle accident cases, especially those involving severe injuries or disputed liability. These experts analyze the accident scene, vehicle damage, skid marks, weather conditions, and other factors to recreate the events leading to the crash. Their findings can provide valuable evidence in court to support the motorcycle accident claim by demonstrating how the accident occurred and identifying the responsible parties. Motorcycle accident lawyers frequently work with these experts to build a strong case for their clients.

How are traumatic brain injuries evaluated and compensated in a Maine motorcycle accident claim?

Traumatic brain injuries (TBIs) are among the most serious injuries sustained in motorcycle accidents. Evaluating and compensating for TBIs involves detailed medical examinations, including CT scans, MRIs, and neurological assessments. Compensation considers the immediate medical expenses, long-term treatment costs, loss of income, and the impact on the victim’s quality of life. Maine motorcycle accident lawyers ensure that all aspects of the injury, including cognitive impairments, emotional distress, and physical pain, are fully accounted for in the compensation claim.

How do insurance companies in Maine handle claims involving multiple parties in a motorcycle accident?

When a motorcycle accident in Maine involves multiple parties, the claims process becomes more complex. Insurance companies evaluate the fault of each party involved and assign a percentage of liability. This can involve negotiations between multiple insurance providers and may require extensive evidence gathering, including police reports, witness testimonies, and expert analyses. An experienced motorcycle accident attorney can navigate these complexities, ensuring that the victim’s rights are protected and that they receive a fair share of the compensation.

Contact a Maine Motorcycle Accident Attorney Today

If you or a loved one has been injured in a motorcycle accident in Maine, McCue Law Office can help. Our experienced Maine motorcycle accident lawyers understand the unique challenges faced by injured bikers in the state, from navigating Maine's specific motorcycle laws to dealing with insurance companies.

We have a proven track record of helping motorcycle accident victims recover maximum compensation for their injuries, including those with traumatic brain injuries, spinal cord injuries, broken bones, and other serious injuries resulting from motorcycle crashes.

Our team will thoroughly investigate your Maine motorcycle accident, gather evidence, and build a strong case on your behalf. We will handle all communications with the other driver's insurance company and fight for your right to fair compensation for medical expenses, lost wages, and pain and suffering.

Don't let a motorcycle accident derail your life. Contact McCue Law Office by calling (207) 421-9406 today for a free consultation and let us help you get the justice you deserve.