Spinal Cord Damage
The immense force generated in a trucking crash can cause serious damage to the spinal cord, potentially resulting in partial or complete paralysis. Victims may be diagnosed with paraplegia or quadriplegia, depending on the location and severity of the injury. Spinal cord injuries often necessitate lifelong medical care and significant adaptations to daily living.
Broken Bones and Fractures
Truck accident victims in Maine frequently suffer from multiple broken bones and fractures, especially in the arms, legs, ribs, and pelvis. These injuries can be extremely painful and may require surgery, extended periods of immobilization, and lengthy physical therapy to heal properly. In some cases, victims may experience chronic pain or limited mobility even after the bones have healed.
Internal Injuries
The blunt force trauma associated with truck crashes can cause internal injuries, such as damage to organs like the liver, spleen, or kidneys, as well as internal bleeding. These injuries can be life-threatening and may not be immediately apparent at the accident scene. Prompt medical attention is essential to diagnose and treat internal injuries effectively.
What to Do After a Truck Accident in Portland, Maine
The aftermath of a truck accident can be overwhelming. However, taking the following steps can help protect your rights and interests:
- Seek Medical Attention: This is the most important step. Even if you feel okay, adrenaline can mask injuries. A medical professional can assess your condition and provide necessary treatment.
- Secure the Scene: If possible, turn on your hazard lights and call 911. Do not move your vehicle unless it's unsafe to remain at the scene.
- Gather Information: Exchange contact information with the truck driver and any witnesses. Take photos of the damage to your vehicle, the scene of the accident, and any visible injuries.
- File a Police Report: A police report will document the accident and can be crucial evidence later. Don't admit fault or discuss the accident in detail with anyone besides the police.
- Contact a Maine Truck Accident Lawyer: An experienced personal injury attorney can investigate the cause of the accident, identify potentially liable parties, and help you navigate the complex legal process. They can maximize your chances of receiving fair compensation for your injuries, medical bills, lost wages, and pain and suffering.
Common Defenses Used by Defendants in a Portland Truck Accident Case
If you've been injured in a truck accident in Portland, Maine, you may be considering pursuing financial compensation for your losses. However, it's important to understand that trucking companies and their insurers often employ various defenses to minimize their liability. Here, our experienced Portland truck accident lawyers at McCue Law Office explore some common defenses used by defendants in these cases:
Comparative Negligence
One of the most common defenses used in Portland truck accident cases is comparative negligence. Under Maine's comparative negligence law, a plaintiff's compensation can be reduced by the percentage of fault attributed to them. For example, if a jury determines that a truck accident victim is 20% at fault for the collision, their awarded damages will be reduced by 20%. Defendants may argue that the victim's actions, such as speeding or failing to yield, contributed to the accident.
Pre-Existing Injuries
Another defense strategy employed by defendants is to claim that the victim's injuries were pre-existing and not caused by the truck accident. They may attempt to use the victim's medical history to argue that the injuries were present before the accident occurred. It is crucial for auto crash victims to provide their personal injury attorneys with a complete medical history and to be honest about any pre-existing conditions to counter this defense effectively.
Insufficient Evidence
In some cases, defendants may argue that there is insufficient evidence to prove that their negligence caused the truck accident or the victim's injuries. They may challenge the credibility of witnesses, dispute the accuracy of police reports, or question the validity of medical records. To combat this defense, it is essential to work with an experienced Portland Maine truck accident attorney who can gather strong evidence, such as accident scene photos, expert witness testimony, and thorough documentation of your injuries and treatment.
Statute of Limitations
Defendants may also attempt to have a case dismissed by arguing that the victim failed to file their claim within Maine's statute of limitations. In most cases, truck crash victims in Portland have two years from the date of the accident to file a personal injury lawsuit. However, there are some exceptions, such as when the accident involves a government-owned vehicle, which may have a shorter filing deadline. It is crucial to consult with a knowledgeable Maine truck accident lawyer as soon as possible to ensure your claim is filed within the appropriate time frame.
Third-Party Liability
In some truck accident cases, defendants may try to shift liability to a third party, such as a vehicle manufacturer, parts supplier, or maintenance company. They may argue that a defective component or improper maintenance, rather than the truck driver's negligence, caused the accident. An experienced Portland Maine truck accident attorney can help investigate these claims and hold all responsible parties accountable for their role in the accident.
Federal Trucking Regulations and Your Rights
When it comes to truck accidents in Portland, Maine, it is essential to understand the federal trucking regulations that govern the industry and how they impact your rights as an accident victim. These regulations, set forth by the Federal Motor Carrier Safety Administration (FMCSA), are designed to ensure the safety of truck drivers and other Portland motorists.
Hours of Service Regulations
One of the most critical federal trucking regulations pertains to the hours of service that commercial truck drivers are permitted to operate their vehicles. These rules limit the number of hours a driver can be behind the wheel and mandate rest breaks to prevent driver fatigue, which is a leading cause of truck accidents. If a trucking company or driver violates these regulations and an accident occurs, they may be held liable for any resulting injuries or damages.
Vehicle Maintenance and Inspection Requirements
The FMCSA also sets strict standards for the maintenance and inspection of commercial trucks. Trucking companies are required to regularly maintain their vehicles and keep detailed records of these maintenance activities. Additionally, drivers must conduct pre-trip and post-trip inspections to ensure that their trucks are in safe operating condition before hitting the roads. Failure to comply with these regulations can lead to accidents caused by equipment failure, such as brake malfunctions or tire blowouts.
Driver Qualifications and Training
Federal trucking regulations establish minimum qualifications for commercial truck drivers, including age, driving experience, and physical health requirements. Drivers must also pass a commercial driver's license (CDL) exam and undergo proper training to operate their vehicles safely. If a trucking company hires an unqualified or improperly trained driver who causes an accident, the company may be held responsible for negligent hiring practices.
Cargo Securement Standards
The FMCSA has implemented cargo securement standards to prevent accidents caused by shifting or falling cargo. These regulations specify how various types of cargo must be loaded, secured, and inspected to ensure stability during transport. If improperly secured cargo leads to an accident, the trucking company and driver may be held liable for any resulting injuries or property damage.
Drug and Alcohol Testing
Federal regulations require trucking companies to implement drug and alcohol testing programs for their drivers. These tests must be conducted before employment, randomly throughout the year, and after any accident involving a fatality or significant property damage. If a truck driver is found to be under the influence of drugs or alcohol at the time of an accident in Portland, Maine, the driver and trucking company may face significant legal consequences.
Types of Compensation Available to Portland Truck Wreck Victims
Truck accidents in Portland, Maine, can have devastating consequences for victims, often resulting in serious injuries, mounting medical bills, and lost income. If you or a loved one has been involved in a truck accident in the Portland area, it is essential to understand the types of compensation that may be available to you.
Medical Expenses
One of the primary forms of compensation available to Portland trucking crash victims is reimbursement for hospital expenses. This includes costs associated with emergency room visits, hospitalizations, surgeries, medications, physical therapy, and any other necessary medical treatment related to the accident. In cases of serious injuries, such as spinal cord damage or traumatic brain injuries, the hospital expenses can be substantial and ongoing.
Lost Wages and Future Earnings
Victims of truck accidents in Portland may also be entitled to financial compensation for lost wages and future earning capacity. If your injuries prevent you from working temporarily or permanently, you can seek compensation for the income you have lost and the potential income you may lose in the future. This is particularly important for victims who suffer catastrophic injuries that significantly impact their ability to work and maintain their previous standard of living.
Pain and Suffering
In addition to economic damages, victims of truck accidents in Maine may be able to recover compensation for non-economic damages, such as pain and suffering. This includes physical pain, emotional distress, mental anguish, and loss of enjoyment of life. While these damages can be more challenging to quantify than medical bills or lost income, our experienced Portland truck accident attorneys can help you demonstrate the extent of your pain and suffering to ensure you receive fair compensation.
Property Damage
If your vehicle or other personal property was damaged in the trucking accident, you might be entitled to compensation for repair or replacement costs. This can include damage to your car, motorcycle, bicycle, or any other property that was involved in the accident.
Punitive Damages
In rare cases where the truck driver or trucking company's actions were particularly egregious or reckless, victims of truck accidents in Portland may be able to seek punitive damages. These damages are intended to punish the at-fault party and deter similar behavior in the future. Examples of situations that may warrant punitive damages include drunk driving, excessive speeding, or knowingly operating an unsafe vehicle.
Wrongful Death
If a loved one has tragically lost their life in a truck accident in Portland, the deceased's family members may be able to pursue compensation through a wrongful death claim. This can include compensation for medical expenses, funeral costs, lost income, and loss of companionship. While no amount of money can replace the loss of a loved one, a wrongful death claim can help provide financial stability and a sense of justice for the family.
Statute of Limitations on Truck Accident Claims in Maine
It is crucial for people who have suffered injuries in Maine truck accidents to be aware of the statute of limitations for filing a personal injury claim. In Maine, the statute of limitations for most personal injury cases, including truck accidents, is six years from the date of the accident. This means that victims have six years from the date of the crash to file a lawsuit against the responsible parties, such as the truck driver, trucking company, or insurance company.
However, there are some exceptions to this rule. For example, if the truck accident resulted in a fatality, the deceased's family members have two years from the date of death to file a wrongful death claim. Additionally, if the accident involved a government-owned vehicle, the time frame for filing a claim may be shorter, typically within 180 days of the incident.
It is essential for victims of truck accidents to consult with an experienced Maine personal injury lawyer as soon as possible following the accident to ensure their legal rights are protected and to avoid missing any critical deadlines for filing a claim.
Benefits of Hiring a Truck Accident Lawyer
If you've been involved in a trucking accident in Portland, Maine, you may be facing a long road to recovery, with mounting medical bills, lost income, and a complex legal process to navigate. During this challenging time, it's crucial to have an experienced truck accident lawyer on your side to protect your rights and fight for the compensation you deserve.
In-Depth Knowledge of Trucking Laws and Regulations
Truck accident claims are often more complex than typical car accident claims due to the numerous federal and state regulations that govern the trucking industry. An experienced Portland truck accident lawyer will have a thorough understanding of these laws, including hours of service rules, vehicle maintenance requirements, and cargo securement standards. This knowledge is essential in identifying violations that may have contributed to the accident, and holding negligent parties accountable.
Thorough Investigation and Evidence Gathering
A skilled truck accident attorney will conduct a comprehensive investigation of your case, gathering crucial evidence to support your claim. This may involve reviewing police reports, interviewing witnesses, and consulting with accident reconstruction experts to determine the cause of the crash. Your lawyer may also obtain data from the truck's electronic logging device (ELD) or black box to verify compliance with hours of service regulations and identify any signs of driver fatigue that may have played a role in the accident.
Negotiating with Insurance Companies
Dealing with insurance companies after a trucking accident can be overwhelming, especially when you're trying to focus on your recovery. Insurance adjusters often prioritize their company's interests over the needs of accident victims and may attempt to settle your claim for less than you deserve. Our personal injury attorneys can handle all communication with the insurance companies, negotiating on your behalf to secure a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other damages. If a satisfactory agreement cannot be reached, your attorney can represent you in court and fight for your rights before a judge and jury.
Access to Medical and Financial Resources
Truck accident injuries can be severe and life-altering, requiring extensive medical treatment and rehabilitation. An experienced truck accident lawyer in Portland can help you access the medical care you need, even if you don't have health insurance or are unable to pay out of pocket. They can also work with medical experts to assess the long-term impact of your injuries and ensure that your compensation accounts for future medical needs. Additionally, your attorney can help you navigate the financial challenges that often follow a serious accident, such as managing medical bills and dealing with lost income due to missed work.
Peace of Mind and Emotional Support
The aftermath of a truck accident can be emotionally overwhelming, especially if you've suffered severe injuries or lost a loved one. By hiring a dedicated Portland truck accident lawyer, you can focus on your recovery while your attorney handles the legal aspects of your case. Your lawyer can provide emotional support and guidance throughout the process, keeping you informed of developments and answering any questions you may have. With a skilled attorney by your side, you can have peace of mind knowing that your rights are protected and that you have a strong advocate fighting for the compensation you deserve.
Contact a Truck Accident Lawyer in Portland Maine
If you or a loved one has been involved in a truck accident in Portland, Maine, it is essential to seek the guidance of an experienced truck accident lawyer. The legal process following a commercial truck accident can be complex, involving multiple parties, insurance companies, and strict regulations.
A skilled Portland truck accident attorney at McCue Law Office can help you navigate this process, gather evidence to support your claim, and fight for the compensation you deserve for your injuries, medical expenses, lost wages, and pain and suffering.
Contact a Portland Maine truck accident lawyer at our law firm by calling (207) 421-9406 or filling out this online form to discuss your case and learn more about your legal options.