Truck Accident Claims in Maine
The safety and insurance rules for trucks in Maine, how fault is shared, any limits on damages, and the deadline to sue.
Short answer: Maine law authorizes the Bureau of State Police to adopt by reference the federal motor carrier safety regulations, including driver qualifications (49 CFR 391), hours of service (49 CFR 395) and inspection, repair and maintenance (49 CFR 396), and to modify them or adopt state rules… 29-A M.R.S. §555(1), (2)
| Truck safety and insurance rules | Maine law authorizes the Bureau of State Police to adopt by reference the federal motor carrier safety regulations, including driver qualifications (49 CFR 391), hours of service (49 CFR 395) and inspection, repair and maintenance (49 CFR 396), and to modify them or adopt state rules, including on drivers' hours of duty. The bureau may not exempt placarded hazardous-material carriers from the adopted federal rules. Federal minimum insurance for interstate carriers is in 49 CFR 387.9. Source: 29-A M.R.S. §555(1), (2) |
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| 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. Source: 14 M.R.S. § 156 |
| Damage caps | No general cap on damages in personal injury cases was found. In wrongful death cases, damages for loss of comfort, society and companionship (including related emotional distress) may not exceed $1,000,000, adjusted for inflation, and punitive damages may not exceed $500,000. Claims against governmental entities are capped at $400,000 per occurrence. |
| Deadline to sue for an injury | 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. Some injury claims have shorter special deadlines, such as medical malpractice (3 years), wrongful death (3 years) and claims against governmental entities (2 years). Source: 14 M.R.S. § 752 |
More Maine personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Maine
- Wrongful Death Lawsuits in Maine
- Medical Malpractice Rules in Maine
- Car Accident Claims in Maine
- Dog Bite Liability in Maine
- Sidewalk and Public Property Falls in Maine
- Motorcycle Accident Claims in Maine
- Pedestrian Accident Claims in Maine
- Bicycle Accident Claims in Maine
- Uber and Lyft Accident Claims in Maine
- Construction Site Injuries in Maine
- All Maine personal injury & wrongful death rules
FAQ
What safety and insurance rules apply to trucks in Maine?
Maine law authorizes the Bureau of State Police to adopt by reference the federal motor carrier safety regulations, including driver qualifications (49 CFR 391), hours of service (49 CFR 395) and inspection, repair and maintenance (49 CFR 396), and to modify them or adopt state rules, including on drivers' hours of duty. The bureau may not exempt placarded hazardous-material carriers from the adopted federal rules. Federal minimum insurance for interstate carriers is in 49 CFR 387.9.
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.
Does Maine cap damages in personal injury cases?
No general cap on damages in personal injury cases was found. In wrongful death cases, damages for loss of comfort, society and companionship (including related emotional distress) may not exceed $1,000,000, adjusted for inflation, and punitive damages may not exceed $500,000. Claims against governmental entities are capped at $400,000 per occurrence.
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.