Is the rear driver always at fault in Maine?

In most cases, yes. Maine law requires drivers to maintain a safe following distance and stop safely. Failing to stop in time is usually considered negligence. However, there are exceptions—for example, if the front driver’s brake lights were not working, the front driver made an unsafe or sudden maneuver, or adverse road and weather conditions contributed to the crash.

Are there exceptions where the front driver may share fault?

Yes. Fault may be shared if the front driver reversed suddenly without reason, had non-functioning brake lights, or made a sudden unsafe maneuver such as an unexpected lane change or abrupt braking without cause. Third-vehicle impacts that push one car into another can also affect fault.

How does Maine’s comparative negligence rule affect my claim?

Maine follows a modified comparative negligence rule. You can still recover compensation if you are less than 50% at fault. Your recovery is reduced by your percentage of responsibility. For example, if you are 10% at fault, your compensation is reduced by 10%.

What injuries are common after a rear-end collision?

Common injuries include whiplash and neck pain, back and spinal injuries (including herniated discs), concussions or other traumatic brain injuries, and soft-tissue injuries or muscle strains. Symptoms may be delayed, so prompt medical evaluation is recommended.

What should I do after being rear-ended at a stoplight or intersection in Maine?

Check for injuries and call 911 if needed. Move to safety and turn on hazard lights. Call law enforcement so a crash report is created. Exchange license, insurance, and contact information. Take photos of the scene, vehicle damage, and road conditions. Seek medical attention promptly. Notify your insurer and consider contacting a Maine car accident lawyer before giving a detailed recorded statement.

Why should I consult a Maine car accident lawyer after a rear-end accident?

An experienced attorney can investigate the crash, gather evidence, address disputes about fault, communicate with insurance companies, and pursue compensation for medical bills, lost wages, pain and suffering, and other damages. Early legal guidance helps protect your rights and avoids low, premature settlement offers.

Rear-Ended at a Stoplight in Maine? What to Do & Who’s at Fault

Rachel Okun
Oct 3
4 min read

Updated: Nov 1

Rachel Okun, Portland Maine car accident lawyer

By Rachel Okun, Maine Car Accident Lawyer, Okun Law PLLC

If you’ve been rear-ended at a stoplight in Maine, whether in Portland, Brunswick, Lewiston or Bangor, you’re likely asking: Who is at fault? What steps should I take now? At Okun Law PLLC, we understand how disruptive even a low-speed collision can be. In this guide, we’ll walk you through what Maine law says about stop-light rear-end crashes, the most common injuries we see, and how you can protect your rights while dealing with insurers.

Why Rear-End Collisions Happen at Stoplights

Rear-end accidents are among the most common crashes on Maine roads, especially at intersections and stoplights. These crashes often happen because another driver:

Is distracted by a phone or navigation system
Follows too closely in traffic
Fails to notice a changing light
Drives too fast for weather or road conditions
Has worn or icy brakes in winter conditions

In Maine, a moment of inattention on Route 1 or Forest Avenue can cause a serious chain reaction. Even a 5 mph bump can lead to whiplash or soft-tissue injuries that don’t appear until days later.

Who Is at Fault When You’re Rear-Ended at a Stoplight?

Under Maine law, the driver who strikes another vehicle from behind is usually at fault. Every driver has a legal duty to maintain a safe following distance and to stop safely when traffic ahead slows or stops.

However, fault isn’t always automatic. There are exceptions:

The front driver reversed suddenly without reason.
The front car’s brake lights weren’t working.
A third vehicle hit the middle car, pushing it into another.

Because every crash is different, proving fault depends on evidence, which can include photos, witness statements, and sometimes crash-reconstruction reports. A Maine personal-injury attorney can help preserve and analyze this evidence before it’s lost.

Common Injuries from Rear-End Collisions

Even a minor-looking fender-bender can cause painful injuries, especially when your body is jerked forward unexpectedly. At Okun Law PLLC, we often see:

Whiplash and neck pain from rapid back-and-forth motion
Back injuries including herniated discs or muscle strain
Head injuries such as concussions
Shoulder or wrist injuries from gripping the steering wheel
Emotional distress and post-accident anxiety

Always get checked by a medical provider, even if you feel okay. Symptoms can appear hours or days later.

What to Do Immediately After Being Rear-Ended in Maine

Taking the right steps after a crash protects both your health and your legal rights. Here’s what to do:

Check for injuries and call 911 if anyone is hurt.
Move your vehicle only if it’s safe and doesn’t block traffic.
Exchange information (name, contact, license, insurance).
Take photos of damage, skid marks, the intersection, and any debris.
Gather witness information.
Avoid admitting fault - even polite comments like “I stopped suddenly” can be used against you later.
Seek medical care as soon as possible, even for minor symptoms.
Report the crash to your insurance company.
Contact a Maine car-accident lawyer before giving a detailed statement to an insurer.

When you hire a lawyer early, they can handle insurer communications, gather medical records, and make sure you’re not pressured into an unfair settlement.

Maine’s Laws on Fault and Compensation

Maine follows a modified comparative-fault rule. This means:

You can recover damages even if you were partly at fault - as long as you were less than 50% responsible.
Your compensation may be reduced by your percentage of fault.

Example: if your damages total $50,000 but you were 10% at fault, your recovery may be reduced to $45,000.

In most Maine personal injury cases, injured drivers have up to six years from the date of the accident to file a personal-injury claim. Still, it’s best to act quickly while evidence is fresh and witnesses are reachable.

How Insurance Companies Handle Rear-End Claims

Insurance companies often try to minimize payouts by:

Claiming your injuries are “soft-tissue only.”
Suggesting the impact was too minor to cause lasting harm.
Offering a quick, low settlement before you know the full extent of your injuries.

An attorney can help level the playing field. At Okun Law, we handle communication with the insurer, collect medical documentation, and negotiate for a fair settlement that accounts for pain, lost wages, and ongoing treatment.

How Okun Law PLLC Helps After a Rear-End Crash

At Okun Law PLLC, we represent Mainers who’ve been injured in car accidents, from fender-benders in Falmouth to serious collisions in Bangor. We understand how overwhelming the process can feel, and we pride ourselves on clear communication and compassionate representation.

When you contact our office, we’ll:

Review your crash report and insurance coverage.
Help you document injuries and medical expenses.
Explain your legal rights under Maine law.
Handle settlement discussions and paperwork.
Take your case to court if needed.

You’ll speak directly with an attorney - not a call center.

Frequently Asked Questions

1. Does Maine law automatically blame the rear driver?In most cases, yes, but not always. The rear driver is presumed negligent for failing to maintain a safe distance, unless there’s clear evidence the front driver’s actions caused or contributed to the crash.

2. What if both drivers share fault?Under Maine’s comparative-fault rule, you can still recover compensation if you’re less than 50% at fault. Your award is reduced based on your share of responsibility.

3. How long do I have to file a claim? You generally have six years from the date of the crash to file a personal-injury lawsuit in Maine, although many exceptions apply, so you should consult with a Maine personal injury lawyer as soon as possible after a crash.

4. Should I talk to the other driver’s insurance company?No, not before consulting an attorney. Insurers often record calls and look for statements that can reduce or deny your claim.

Contact Okun Law PLLC for a Free Consultation

If you’ve been rear-ended at a stoplight in Maine, you don’t have to navigate the aftermath alone. We’re here to answer your questions, protect your rights, and help you recover the compensation you deserve.

📞 Call Okun Law PLLC at (207) 204-8042 or contact us online for a free consultation.

We represent clients across Maine, including Portland, Falmouth, Brunswick, Lewiston, and Bangor, and we’re proud to serve our neighbors with the compassion, diligence, and personal attention every client deserves.