Detailed Answer
When you pursue a negligence claim against another driver after a collision at a traffic signal or exit in Maine, you must prove four elements: duty, breach, causation, and damages.
1. Duty and Breach
Every motorist owes a duty to obey Maine’s traffic laws, including stopping at red lights and yielding when merging. You can show breach through:
- Official citation or police report indicating a traffic violation (for example, failure to stop at a red light under 29-A M.R.S. §2071).
- Traffic camera or dash-cam video capturing signal phases, brake lights, or merging maneuvers.
- Eyewitness statements describing the signal status or unsafe exit behavior.
- Signal timing and maintenance records from the Maine Department of Transportation.
2. Causation
You must link the breach directly to the collision. Common evidence includes:
- Accident reconstruction reports prepared by qualified engineers.
- Photographs of skid marks, vehicle damage, and final resting positions.
- Expert testimony explaining how the breach caused the crash.
3. Damages
Prove your losses to recover compensation. Typical evidence includes:
- Medical records, billing statements, and treatment summaries.
- Repair estimates, appraisal reports, or total loss valuations.
- Documentation of lost wages and related financial impacts.
4. Comparative Fault
Maine follows modified comparative fault under 14 M.R.S. §156. If you share fault for the crash, the court reduces your recovery by your percentage of fault.
Helpful Hints
- Obtain a certified copy of the police crash report promptly to lock in the official findings.
- Preserve all digital footage (dash-cam, cell phone video) to prevent evidence spoliation.
- Collect witness statements as soon as possible for accurate recollections.
- Request signal timing data under Maine’s Freedom of Access Act for precise light phases.
- Photograph the scene from multiple angles immediately after the collision.
- Consult an attorney early to guide proper evidence collection and protect your rights.
Disclaimer: This article is for educational purposes only and does not constitute legal advice.