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Maine Truck Accident Lawyer Guide: Laws, Deadlines and Rights

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Key takeaways
  • Maine gives you six years from the date of the crash to file most personal injury lawsuits, one of the longest deadlines in the country.
  • If your fault is equal to or greater than the fault of the party you are suing, you cannot recover. Below that, your compensation is reduced by your share.
  • Maine is an at-fault state. There is no no-fault PIP system, and no injury threshold to meet before you can sue.
  • Wrongful death claims have a shorter deadline and damage caps that were raised in recent years, so confirm the rules for the date of death.

Maine's freight moves along the Maine Turnpike and I-95 from Kittery to Houlton, I-295 and I-395, and along rural routes such as Routes 1, 2, 9 and 201 that connect mills, ports, farms and Canadian border crossings. Pulp, wood chips, logs, fuel and seafood travel on long, winding two-lane highways in winter conditions, with fog, snow and moose adding risk. Maine law has long allowed trucks of up to 100,000 pounds on state and local roads and the Maine Turnpike, and federal law has allowed the same weight on Maine's interstates, so very heavy trucks share the road with ordinary traffic. This guide explains the laws that matter most after a truck crash in Maine, the evidence to protect and how to choose a Maine truck accident lawyer. We do not recommend or rank any individual firm.

Maine truck accident laws at a glance

  • Filing deadline: six years from the date of the crash for personal injury and property damage under 14 M.R.S. § 752.
  • Wrongful death: recent law extended the deadline to three years from the date of death. Older sources cite two years, so confirm the rule for your case.
  • Government claims: the Maine Tort Claims Act requires written notice of claim, generally within 365 days (the period was 180 days before a 2019 amendment), and special rules and damage limits apply.
  • Fault rule: modified comparative fault under 14 M.R.S. § 156. If your fault is equal to or greater than the fault of the defendant, you cannot recover. Otherwise your damages are reduced by your percentage.
  • Liability among defendants: Maine applies a modified joint and several liability rule, and joint tortfeasors can seek contribution from each other. Ask a lawyer how it affects collection in your case.
  • Insurance system: at-fault, not no-fault. Maine requires liability coverage of at least $50,000 per person, $100,000 per accident and $25,000 for property damage, plus $2,000 in medical payments coverage and uninsured motorist coverage of $50,000 per person and $100,000 per accident.
  • Damage caps: Maine does not cap damages in ordinary personal injury cases. Wrongful death non-economic damages and punitive damages are capped.
Deadlines matter Missing a filing deadline can end a claim. Six years is long, but evidence such as driver logs and video can be discarded in months, wrongful death claims have a shorter deadline, and notice rules for government claims are far shorter. Confirm the dates that apply to you with a Maine attorney, and use our deadline finder as a starting point.

The 50% rule: why fault arguments matter

If a jury finds you 30% at fault and your damages are $400,000, you can recover $280,000. If your fault is equal to or greater than the fault of the defendant, you recover nothing. Insurers know this and look for arguments about speed, lane position, braking or road conditions, particularly in winter crashes. Photos, video, witness statements and the truck's electronic data matter.

At-fault system: no no-fault threshold

Unlike Massachusetts, Kentucky or Florida, Maine does not require you to reach a medical expense threshold before suing for pain and suffering. Your own medical payments coverage of at least $2,000 can help with early bills, and the responsible driver's and carrier's liability insurance is the main source of compensation. If the at-fault party has little insurance, your own uninsured and underinsured motorist coverage may apply.

Wrongful death in Maine: caps that have changed

Maine caps non-economic damages in wrongful death cases (loss of comfort, society and companionship, including emotional distress) and punitive damages. Older sources cite caps of $750,000 and $250,000, while more recent sources describe a $1,000,000 cap on non-economic damages, adjusted for inflation beginning with deaths in 2024, and a $500,000 cap on punitive damages. Economic losses, such as funeral costs, medical expenses and lost financial support, are handled separately. Because the numbers changed, ask a Maine lawyer which figures apply to the date of death.

Truck crashes in Maine: the context

Maine is a large, rural state with long distances between towns, narrow two-lane highways and heavy seasonal weather. Heavy trucks often travel through small towns and past crossings and intersections, particularly where they leave the interstate. Nationally, NHTSA counted 5,340 deaths in large-truck crashes in 2024, and about 70% of those killed were in other vehicles. For the latest Maine figures, check the Maine Department of Transportation and the Maine Bureau of Highway Safety.

Who may be responsible for a Maine truck crash

  • The truck driver, for speeding, distraction, fatigue, impairment or driving too fast for icy and snowy conditions.
  • The motor carrier, for the employee's actions and for negligent hiring, training, dispatch pressure or poor maintenance.
  • A cargo loader or shipper, if logs, pulp, fuel or other freight was overloaded or unsecured.
  • A repair shop or parts maker, if brakes, tires or other equipment failed.
  • A government body, in some cases involving road design or maintenance, subject to the Maine Tort Claims Act.

Insurance in a Maine truck crash

Maine's minimum liability limits are higher than in many states but still far below the cost of a serious truck injury. Under federal rules, interstate carriers hauling general freight must carry at least $750,000 in liability coverage, with higher minimums for some hazardous cargo. Many carriers carry more. Maine requires drivers to report a crash that involves injury, death or property damage of $1,000 or more.

Evidence that matters in a Maine truck case

  • The crash report from the investigating agency, often the Maine State Police, a county sheriff or local police
  • Photos and video of the scene, the truck, its markings and the USDOT number, and notes on weather and road surface
  • Driver logs and electronic logging data. Hours-of-service rules apply, and carriers generally keep logs for only six months.
  • Dash camera footage, engine data and maintenance records
  • Medical records and bills from the first day

You can look up the carrier's inspection and crash history in the FMCSA SAFER system. Ask a lawyer about sending a written preservation request to the carrier quickly, since many carriers are based outside Maine.

What compensation may include

  • Medical expenses, past and future
  • Lost income and reduced earning capacity
  • Pain and suffering and loss of enjoyment of life
  • Property damage
  • In a fatal crash, funeral costs and wrongful death damages for eligible family members, subject to the caps

No one can promise a result. The outcome depends on your injuries, the evidence, the insurance available and your share of fault.

Steps to take after a truck crash in Maine

  1. Call 911 and get medical care, even if you feel fine.
  2. Photograph the scene, the truck and its USDOT number, and note the weather and road conditions.
  3. Do not say you were at fault, and do not guess about speed or distance.
  4. Make sure a police report is filed and get the report number.
  5. If a public entity may be involved, speak with a lawyer immediately because of the notice deadline.
  6. Do not give a recorded statement to the trucking company's insurer without advice.

Choosing a Maine truck accident lawyer

Confirm the lawyer is licensed in Maine through the Maine Board of Overseers of the Bar, ask about commercial trucking experience and winter or rural crash cases, and get the fee agreement in writing. Many injury lawyers work on contingency, so there is no fee unless you recover, but percentages and case costs vary. Read our guide on attorney fees and see our other state guides.

This article is general information and is not legal advice. Laws change, so verify with a Maine attorney. We do not endorse any law firm.

Frequently asked questions

How long do I have to sue after a truck accident in Maine?

Generally six years from the date of the crash for personal injury. Wrongful death claims have a shorter deadline, recently extended to three years from the date of death, and government claims require earlier written notice.

Can I recover if I was partly at fault in Maine?

Yes, if your fault is less than the defendant's, with your compensation reduced by your share. If your fault is equal to or greater than the defendant's, you cannot recover.

Is Maine a no-fault state?

No. Maine uses an at-fault system, so the responsible driver or carrier's liability insurance is the main source of payment, with at least $2,000 in medical payments coverage on your own policy.

Is there a cap on damages in Maine?

There is no cap on damages in ordinary personal injury cases. Wrongful death non-economic damages and punitive damages are capped.

How much insurance does a trucking company carry?

Interstate carriers hauling general freight must carry at least $750,000 under federal rules, and many carry more.

How much does a Maine truck accident lawyer cost?

Most work on contingency, so you owe no attorney fee unless money is recovered. Ask about the percentage and who pays case costs.