Detailed Answer
If a commercial truck struck you and caused injuries in Maine, you can pursue a claim to recover medical costs, lost wages, property damage, pain and suffering, and other losses. The basic path is: (1) protect your health and safety, (2) preserve evidence, (3) report the crash, (4) notify insurers, and (5) pursue a claim against the truck’s insurer and any responsible parties. Below are clear, practical steps and what to expect under Maine law.
1) Immediate safety and medical care
Prioritize safety and health. Call 911 for police and emergency medical response. Get examined and treated by a medical professional even if you think you feel okay. Some crash injuries (e.g., internal injuries, whiplash, traumatic brain injury) can show delayed symptoms. Medical records create the core proof of your injuries.
2) Preserve evidence at the scene and after
If you safely can, take photos and video of the vehicles, road, skid marks, traffic signs, weather, visible injuries, and vehicle damage. Record the truck’s license plate, carrier name and USDOT number (usually on the door), driver’s name, driver’s license number, and insurance if shown. Collect contact and witness information. Keep any clothing, medical bills, repair estimates, and emails or texts about the crash.
3) Report the crash and get the police report
Report the crash to the police at the scene or shortly after. Obtain the crash report number and request a copy. Police reports and witness statements help prove fault and crash details.
4) Identify the likely defendants and insurers
Commercial truck claims often involve multiple potential defendants beyond the truck driver: the trucking company (employer), the vehicle owner, the leasing company, freight forwarder, cargo loader, vehicle maintenance provider, and vehicle or parts manufacturers. The trucking company’s commercial liability insurer usually pays most claims. Look for the carrier’s USDOT number on the truck; that helps identify the motor carrier and its insurer.
5) Federal and insurance rules that matter
Commercial carriers must meet federal insurance and safety regulations. The Federal Motor Carrier Safety Administration (FMCSA) sets minimum financial responsibility levels for carriers and requires motor carriers to maintain records showing insurance and compliance. You can use the carrier’s DOT number to look up information about the company’s safety record and registration. See FMCSA and federal insurance rules: https://www.fmcsa.dot.gov and the federal regulations on insurance (49 C.F.R. Part 387): https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-387.
6) Notify insurers and how to start a claim
Contact your insurer and report the crash. Then submit a claim to the truck driver’s or carrier’s commercial insurer. Use the information you gathered (truck plate, carrier name, DOT number, driver details, police report). Commercial carriers often have claims departments or outside adjusters. Provide facts, medical records, and bills. Avoid giving long recorded statements without legal advice.
7) Damages you can seek
You can generally seek compensation for: medical expenses (past and future), lost wages and reduced earning capacity, property damage, out-of-pocket costs, emotional distress, and pain and suffering. If a close family member died in the crash, wrongful-death claims can recover funeral expenses and other losses.
8) Fault, comparative negligence, and settlement impact
Maine uses a comparative-fault approach for negligence cases. A court or jury assigns a percentage of fault to each party. Your total recoverable damages are typically reduced by your percentage of fault. Because the exact rule and thresholds can affect whether you can recover at all, consult an attorney early to understand how Maine’s rules apply to your case. For up-to-date statutory language, search the Maine Revised Statutes: https://legislature.maine.gov/statutes/.
9) Statute of limitations and timing
Maine limits how long you have to file a lawsuit after a crash. If you don’t file before the deadline, you can lose the right to sue even if you have a strong claim. Check the Maine Revised Statutes for the current limitations that apply to personal injury and wrongful death claims and act promptly: https://legislature.maine.gov/statutes/. If an insurer slows or denies your claim, you may need to file suit before the deadline.
10) When to hire an attorney
Many truck-crash claims settle with insurers. But commercial truck cases often involve large insurers, complex discovery (e.g., driver logs, maintenance records, ELD/black box data), and multiple parties. Consider retaining an attorney experienced in Maine truck crashes if injuries are serious, fault is disputed, recovery exceeds insurance policy limits, or the insurer offers a low settlement. Attorneys can preserve evidence, handle negotiations, subpoena carrier records, evaluate out-of-pocket and future damages, and file suit if necessary. Most personal injury attorneys work on contingency—no fee unless you recover.
11) Typical timeline and process
Timeline varies. Early steps (medical care, reports, notices) occur in days to weeks. Investigation and settlement negotiations can take months. If you file suit, discovery and litigation can extend the process to a year or more before resolution. Keep detailed records and copies of all documents.
12) Practical next steps checklist
- Call 911 and get medical treatment.
- Collect photos, driver and truck info, witness contacts, and police report number.
- Report to your insurer and obtain the carrier’s DOT number if possible.
- Preserve medical records and receipts.
- Consider contacting an attorney experienced with commercial-truck crashes for an early case assessment.
For authoritative references and to check statute text, see the Maine Revised Statutes: https://legislature.maine.gov/statutes/. For federal carrier insurance rules and carrier lookups, see FMCSA: https://www.fmcsa.dot.gov and 49 C.F.R. Part 387: https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-387. For questions about insurance regulation in Maine, see the Maine Bureau of Insurance: https://www.maine.gov/pfr/insurance/.
Disclaimer
This information is educational only and is not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Maine attorney.
Helpful Hints
- Get medical care immediately even for minor symptoms—delayed treatment can hurt your claim.
- Take many photos at the scene from multiple angles; photos often make the difference in disputes about fault.
- Write a short, contemporaneous account of what you remember while details are fresh.
- Do not sign broad releases or accept the insurer’s first offer without medical clearance and legal review.
- Avoid posting details or photos about the crash or injuries on social media; insurers and defendants can use them.
- If the truck is a commercial vehicle, record the carrier name and USDOT number from the truck—this speeds locating the carrier’s insurer and safety records.
- Keep copies of every medical bill, receipt, wage statement, repair invoice, and correspondence about the crash.
- Ask about electronic logging device (ELD) and driver log data; these records often show hours of service and can affect liability and damages.
- If you consider an attorney, ask about experience with commercial-truck litigation, how they charge (contingency), and whether they will advance case costs.