Maine Motorcycle Accident Lawyer

What does Maine's helmet law require?

Maine requires helmets for riders under 18, riders operating on a learner's permit and riders in their first period after getting a license, and for passengers riding with them. Experienced adult riders may choose.

If you were an adult rider allowed to ride without a helmet, that choice does not excuse the driver who caused the crash. The insurer may argue a head injury would have been less serious with a helmet, but it usually needs medical proof, and the argument generally does not touch injuries to the legs, arms, chest or spine. If you were wearing a helmet, keep it. Damage to the shell can help show how hard and where you were struck.

Why do Maine drivers hit motorcyclists?

Most car drivers are looking for cars. A motorcycle's narrow profile makes its speed and distance hard to judge, and seasonal riders can catch year-round drivers off guard.

Common Maine crash patterns include:

• Left turns across an oncoming rider at intersections and store entrances.
• Lane changes on I-95 and the Turnpike where a bike sits in a blind spot.
• Tourists braking suddenly or turning without warning on Route 1.
• Drivers pulling out from camp roads and driveways onto rural highways.

These crashes often turn on a driver's claim that the rider "came out of nowhere." Physical evidence, witness accounts and helmet camera footage help answer that claim. Measurements of sight lines at the intersection can also show whether the driver had a clear view of the approaching bike and simply failed to look.

What Maine road hazards affect riders?

Maine's riding season is short and the roads are hard on bikes, especially in spring. Many crashes involve conditions that would barely affect a car.

Sand left from winter road treatments collects at intersections and curves well into spring. Frost heaves and potholes can throw a bike off line. Wet leaves in fall and early darkness raise risks at the end of the season. Moose and deer are a serious threat on rural roads at dawn and dusk. Summer traffic around coastal towns, lake regions and national park areas brings RVs, boat trailers and distracted drivers. When poor maintenance of a public road contributed, a claim against a government body may exist, though those claims follow special rules; see government and public property injury claims.

How does Maine's fault rule affect a rider's recovery?

A rider's award is reduced by the rider's share of fault and barred if the rider's fault equals or exceeds the driver's. Defense lawyers often argue riders were speeding or weaving.

Example: a rider near Camden is struck by a car pulling out of a scenic overlook. Damages total $220,000. The driver claims the rider was going too fast to stop.

• Witnesses and skid marks show the rider was near the speed limit. The jury finds the driver 85% at fault and the rider 15%. The rider recovers about $187,000.
• If the jury had found the rider and driver equally at fault, the rider would recover nothing.

Maine juries have some discretion in reducing an award, but the equal-fault bar does not move. That is why we work to keep the rider's share as low as the facts allow.

What insurance applies to a Maine motorcycle crash?

The at-fault driver's liability insurance is usually the primary source. Your own uninsured or underinsured motorist coverage, and medical payments coverage if you have it, can also help.

Maine's required liability limits are higher than many states, but serious motorcycle injuries can exceed them quickly. Riders with long-term injuries should read about catastrophic injuries. Maine generally allows 6 years to file suit, but the evidence that proves fault fades much sooner.

What should you do after a Maine motorcycle crash?

Get medical care first, then preserve your bike, gear and the scene evidence.

1. Call police and request the report.
2. Photograph road sand, potholes, skid marks and both vehicles.
3. Keep the motorcycle unrepaired until it is inspected.
4. Bag your helmet and gear without cleaning them.
5. Talk to a lawyer before speaking with the driver's insurer.

Read more about motorcycle accident claims, compare with our Maine car accident page, or visit our Maine injury guide. We offer a free case review, and there is no fee unless we win.