Bad weather truck accidents in Portland can result in significant injuries or death. These crashes are especially dangerous when caused by negligent or reckless trucker behavior.
If you or a loved one were injured in a tractor-trailer wreck, you could have a personal injury claim. Reach out to a seasoned truck collision attorney today to learn more.
Personal Injury Claims for Negligence
State law holds drivers financially responsible for injuries or damages caused by a vehicle they were operating. When a Portland trucker’s negligence in dangerous weather causes an accident, the injured party can file a personal injury lawsuit to recover compensation.
In negligence claims, plaintiffs must establish that the driver owed them a duty of care. This is the general duty of motorists to obey traffic laws and operate their vehicles reasonably and safely. They must also prove that the defendant breached their duty of care through their alleged negligent actions and that this breach caused their injuries.
Lastly, the plaintiff needs to show that they suffered real damages from the collision. Injured parties can pursue economic damages, such as medical bills, property damage, or lost wages, and noneconomic damages, like pain and suffering and emotional distress. However, an individual must file actions for personal injury claims within six years of the date of the wreck per Maine Revised Statute Title 14, § 752.
When crashes involve a commercial truck driver, there could be a potential lawsuit against the employer under the doctrine of respondeat superior. State law holds employers vicariously liable when an employee’s negligence causes injury to a third party while performing their job.
The Injured Party’s Percentage of Fault
Vehicle accidents are often caused by the negligence of more than one person. If the plaintiff’s negligence contributed to a poor weather truck collision in Portland, the court could limit their ability to recover damages.
The state follows the doctrine of modified comparative negligence under Me. Rev. Stat. tit. 14, § 156. If the plaintiff’s contributory negligence contributed to the collision, they can still recover damages if they were not over 50 percent responsible.
If the injured party remains under this threshold, the rule stipulates that the court can reduce their damages by their percentage of fault. For example, if they are 25 percent liable, the court will allow them to recover 75 percent of the damages sought. When a plaintiff’s negligence equals or exceeds the defendant’s, the rule states that they are completely barred from recovering damages.
Wrongful Death Lawsuits Following a Truck Accident
If a weather-related truck crash leads to an injured person’s death, their surviving members can still pursue legal action in Portland through the state’s wrongful death statute.
Under Me. Rev. Stat. tit. 18-C, § 2-807, the death of an injured individual does not result in the loss of their claim if it was valid had they survived. The wrongful death statute allows the executor of the deceased’s estate to file an action on behalf of their surviving relatives.
In addition to recovering money for quantifiable expenses such as funeral costs, surviving family members can recover noneconomic damages such as emotional distress or the loss of companionship with the deceased.
While there is no cap on damages for most personal injury claims in the state, the statute caps noneconomic damages for wrongful death claims at $1 million and punitive damages at $500,000. It is also important to note that the deceased’s estate must bring the wrongful death action within three years of their death. A reliable lawyer can ensure clients file on time and meet all legal deadlines.
Talk to a Portland Attorney About Claims For Bad Weather Truck Accidents
You should contact legal counsel immediately if you or a loved one were injured in a bad weather truck accident in Portland. A knowledgeable lawyer can guide you through the complex legal process and help you recover compensation for your injuries and suffering.
Delays in filing your claim could result in losing your right to compensation due to the state’s statute of limitations. Schedule a consultation with a dedicated personal injury attorney at Gideon Asen, LLC today to discuss your case.
