What Happens If I Was Partly at Fault in a Maine Car Accident?
- Rachel Okun
- 3 days ago
- 3 min read
⚖️ Maine’s Comparative Negligence Law Explained
If you were injured in a car accident in Maine and believe you might share some of the blame, don’t panic. Maine law allows you to recover compensation even if you were partly at fault, as long as you were less than 50% responsible for the crash.
This system is called “comparative negligence” (14 M.R.S. § 156). It means your damages may be reduced by the percentage of fault assigned to you, but you can still recover for your injuries, medical expenses, lost wages, and pain and suffering.
📊 How Fault Affects Your Compensation
Here’s an example of how Maine’s comparative negligence rule works:
You’re awarded $100,000 in damages after your accident.
The court finds you were 25% at fault for speeding.
Your compensation is reduced by 25%.
You still receive $75,000.
If, however, you’re found 50% or more at fault, you cannot recover any damages under Maine law. That’s why building strong evidence early is so important.
🧾 Common Situations Where Both Drivers Share Fault
Maine drivers are often surprised by how often partial fault applies. Some common examples include:
You were rear-ended, but your brake lights weren’t working properly.
You made a left turn, but the other driver was speeding.
You were hit while merging, but you failed to check a blind spot.
You were driving slightly over the speed limit when another driver ran a red light.
In each of these cases, the other driver still bears the majority of fault, but insurers will try to use any shared blame to reduce your claim value.
💥 How Insurance Companies Use Fault Against You
Insurance adjusters are trained to minimize payouts by exaggerating your share of responsibility. They may argue:
You “could have avoided the crash.”
You were “partially distracted.”
You “entered the intersection too quickly.”
Without legal representation, these tactics can lead to unfair reductions in your settlement. An experienced personal injury lawyer gathers evidence - witness statements, crash reports, medical records, and expert analysis - to prove your fault was minimal or nonexistent.
🔍 Proving the Other Driver Was Primarily at Fault
At Okun Law PLLC, we know that Maine’s comparative negligence rule can make or break your case. That’s why we:
Conduct detailed accident-scene investigations.
Collect and preserve photo and video evidence.
Work with accident-reconstruction experts.
Identify violations of Maine traffic laws that show the other driver’s negligence.
The stronger your evidence, the less fault can be attributed to you, and the more compensation you can recover.
🕒 Why Acting Quickly Matters
Evidence fades fast. Skid marks, surveillance footage, and witness memories can disappear within days. Contacting a personal injury lawyer early helps secure the proof you need before it’s lost, and ensures the insurer doesn’t control the narrative.
❤️ Protecting Your Rights After an Accident in Maine
Even if you think you were partly at fault, never assume you don’t have a case. Maine law is designed to protect injured drivers who were less than 50% responsible, and you may be entitled to significant compensation for your injuries, medical bills, lost wages, and pain suffering.
At Okun Law PLLC, we help injured Mainers tell their story clearly, push back against insurance company tactics, and fight for full and fair results.
📞 Contact Okun Law PLLC for a Free Consultation
If you were involved in a car accident in Maine and aren’t sure whether fault affects your claim, reach out today for a free consultation. We’ll review your situation, explain how comparative negligence applies, and help you move forward with confidence.
Frequently Asked Questions
1. Can I still get compensation if I was partly at fault in a Maine car accident? Yes. Under Maine’s comparative negligence law, you can still receive compensation if you were less than 50% at fault for the crash. Your total recovery simply may be reduced by your share of responsibility.
2. What happens if I’m 50% or more at fault? If you’re found to be 50% or more responsible, Maine law prevents you from collecting damages from the other party. An attorney can help ensure the fault assigned to you is accurate and supported by evidence.
3. How does Maine determine who was at fault in a car accident? Insurance adjusters and, if necessary, the courts look at evidence such as police reports, photos, witness statements, and expert analysis to decide fault. Having a lawyer gather and present that evidence can make a major difference in your outcome.
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