All Laws Decoded

Motorcycle Accident Claims in Maine

The Maine helmet law, whether lane splitting is legal, how fault is shared after a motorcycle crash, and the deadline to sue.

Short answer: Maine requires a helmet only for motorcycle or moped operators and passengers under 18, operators riding on a learner's permit or within one year of passing the driving test, and any passenger of an operator who must wear one. 29-A M.R.S. §2083

Motorcycle helmet lawMaine requires a helmet only for motorcycle or moped operators and passengers under 18, operators riding on a learner's permit or within one year of passing the driving test, and any passenger of an operator who must wear one. Other adult riders are not required to wear a helmet. Helmets must meet state standards. The helmet statute does not say that not wearing a helmet reduces damages in a lawsuit.
Lane splittingMaine's motorcycle lane-use law says a motorcycle operator may not overtake or pass in the lane occupied by the vehicle being overtaken, except when passing a bicycle or a roller skier (law enforcement officers on duty are exempt). Motorcycles may use the full lane, no more than 2 motorcycles may ride abreast in one lane, and drivers may not deprive a motorcycle of the full use of a lane.
Fault rule (comparative negligence)Modified comparative negligence. A claim is not defeated by the injured person's own fault, but the damages are reduced by the amount the jury thinks just and equitable given the claimant's share of responsibility. The statute provides that a claimant found by the jury to be equally at fault may not recover.
Maine's statute reduces damages by a dollar amount the jury considers fair, not strictly by percentage.
Minimum car insuranceProof of financial responsibility for each registered vehicle must be at least $50,000 per person and $100,000 per accident for bodily injury or death, $25,000 for property damage, $2,000 in medical payments coverage and $500 for towing and storage charges.
Deadline to sue for an injurySix years. Maine's general rule is that civil actions must be filed within 6 years after the cause of action accrues, unless another statute sets a different period. Personal injury claims fall under this general rule.
Some injury claims have shorter special deadlines, such as medical malpractice (3 years), wrongful death (3 years) and claims against governmental entities (2 years).

More Maine personal injury & wrongful death

FAQ

Do you have to wear a motorcycle helmet in Maine?
Maine requires a helmet only for motorcycle or moped operators and passengers under 18, operators riding on a learner's permit or within one year of passing the driving test, and any passenger of an operator who must wear one. Other adult riders are not required to wear a helmet. Helmets must meet state standards. The helmet statute does not say that not wearing a helmet reduces damages in a lawsuit.
Is lane splitting legal in Maine?
Maine's motorcycle lane-use law says a motorcycle operator may not overtake or pass in the lane occupied by the vehicle being overtaken, except when passing a bicycle or a roller skier (law enforcement officers on duty are exempt). Motorcycles may use the full lane, no more than 2 motorcycles may ride abreast in one lane, and drivers may not deprive a motorcycle of the full use of a lane.
Can you recover damages if you were partly at fault in Maine?
Modified comparative negligence. A claim is not defeated by the injured person's own fault, but the damages are reduced by the amount the jury thinks just and equitable given the claimant's share of responsibility. The statute provides that a claimant found by the jury to be equally at fault may not recover.
What is the minimum car insurance required in Maine?
Proof of financial responsibility for each registered vehicle must be at least $50,000 per person and $100,000 per accident for bodily injury or death, $25,000 for property damage, $2,000 in medical payments coverage and $500 for towing and storage charges.
What is the statute of limitations for personal injury in Maine?
Six years. Maine's general rule is that civil actions must be filed within 6 years after the cause of action accrues, unless another statute sets a different period. Personal injury claims fall under this general rule.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.