Motorcycle accidents can be serious. If you or a loved one has been injured or your motorcycle has been damaged as a result of one, knowing how to file a motorcycle accident claim in Maine may help you receive compensation for your losses. It’s important after an accident that all your options are considered. After a motorcycle accident in Maine, there are legal obligations related to the accident claim and reporting an accident to law enforcement.
Motorcycle accidents happen daily in Maine. Between 2013 and 2017, motorcycle crashes averaged 567 per year with 20 fatalities. Motorcyclists are at increased risk compared to other motor vehicle drivers not only because they are exposed and vulnerable when operating a motorcycle, but there is also an element of speed. The ease of acceleration to a high rate of speed can cause other drivers to misjudge or miscalculate when to enter traffic patterns in which a motorcycle is approaching or passing through. In fact, the most common cause of accidents is distracted drivers who simply did not see the motorcycle approaching.
Accident Statute of Limitations
When it comes to property damage or personal injury as a result of negligence, there is a strict “statute of limitations” on when the injured party can bring a lawsuit to court. From the time of the accident, you have six years after to pursue any kind of personal injury or property damage claim in the state’s civil court. This means in relation to any motor vehicle accident, the filing of any lawsuit by any party involved with the accident—drivers, passengers, motorcycle riders, bicyclists, or pedestrians injured in the accident have a six-year filing deadline—and this also applies to any damages done to a vehicle(s) or other personal property. The “clock” begins from the date of the accident.
If the accident results in someone’s death, the deceased’s family, or the representative of the estate has two years from the time of death to file a wrongful death lawsuit. If your case is not filed within the statute of limitations, it will most certainly be dismissed by the court.
Negligence is often to blame in motorcycle accidents, especially those that lead to serious injuries. Drivers that strike a motorcyclist with a car or cause the motorcycle to crash through negligent driving such as by speeding, tailgating, distracted or drunk driving, bear responsibility for the injuries, damages, and losses that motorcyclist and his or her family sustains. There may be other circumstances such as a poorly maintained road or fallen debris from a negligently packed truck that can contribute to the accident.
Seek Legal Representation from the Experts
If you are a victim of a motorcycle accident and wish to file a motorcycle accident claim, the best course of action is to seek representation with an experienced motorcycle accident lawyer. For nearly forty years, the motorcycle accident lawyers at Hardy, Wolf and Downing have helped the injured and their loved ones receive just compensation for their motorcycle accident.
More than just filing a lawsuit on your behalf, Hardy, Wolf and Downing will move forward to provide a range of services to ensure you receive the best representation. From doing the initial investigation, reconstructing the accident scene, gathering and reviewing evidence from the crash site, obtaining the necessary police and medical reports, interviewing witnesses, hiring experts to testify, researching the relevant case law, handling all the court filings and administrative details, and do the negotiating with the negligent party’s insurance company.
If you have questions about how to file a motorcycle accident claim in Maine, contact Hardy, Wolf, & Downing for a free consultation today before the statute of limitations expires.