Holding At-Fault Parties Accountable After a Biddeford Car Accident

Maine’s laws allow car accident victims to seek compensation for their losses from the party at fault for the accident. Under comparative fault, victims who are less than 50% at fault for the accident can file a claim. If the victims meet this standard but still hold a percentage of fault, their compensation is reduced proportionally.

To ensure the at-fault party is held accountable for your losses, connect with a Biddeford car accident attorney. You need a skilled, experienced legal representative to secure the settlement you deserve.

Investigating the Accident

A thorough investigation of the accident is essential to a successful outcome. Through this examination, your attorney will identify the at-fault party and collect evidence to prove their negligence. It is easy to “assume” the cause of an accident, but doing so is a major mistake.

You can only collect a settlement if you prove the at-fault party was negligent. If you file against the wrong party based on assumptions, even logical ones, you may discover you were wrong, there is no evidence against that party, and risk losing your much-needed compensation.

The Biddeford car accident lawyers from our team have the resources, experience, knowledge, and connections to carry out a full investigation to identify the truly negligent party. Possibilities include:

• The other driver: Failing to comply with traffic laws, making driving errors, driving while distracted, fatigued, or under the influence, and other behaviors can put another driver at fault for the accident
• Government offices: Road maintenance, street lighting, and traffic signals and signs fall under the purview of different government offices. If an office fails to keep roads safe or signals operational and an accident ensues, the relevant office may be culpable
• Vehicle and part manufacturers: Drivers count on car and part manufacturers to produce safe, fully operational vehicles. Should brakes fail, airbags fail to deploy, or steering or other mechanisms stop functioning, the vehicle or part manufacturer or installer may hold accountability
• Mechanics and car inspectors: Drivers also rely on mechanics to fix problems with their cars and inform them when a vehicle is not safe to drive. If they fail in this duty, carrying out slipshod inspections or repairs, they may be at fault for the accident

Building Your Case

As your attorney investigates to identify the at-fault party, they will also collect evidence to prove that party’s negligence. The Biddeford car accident lawyers at Berman & Simmons Trial Attorneys will pursue every avenue for evidence. For example, they will:

• Gather physical evidence from the accident scene
• Access traffic or surveillance camera footage
• Review the accident report
• Interview witnesses
• Consult with accident reconstructionists and other experts
• Speak with your medical team and caregivers

As each car accident case is unique, your attorney will consider your case carefully and seek evidence from any applicable sources.

Making a Settlement Demand

When you have an accident, you need to report the incident to your car insurance company. If you have not yet partnered with an attorney, keep this conversation brief and factual. Do not suggest possibilities for how the accident happened, and do not minimize your injuries or even describe them. Just tell your insurance adjuster you will be seeking medical care and speaking with an attorney.

Do not speak to the at-fault party’s insurance adjuster. The adjuster’s goal is to save the insurance company money and to do that, the adjuster may twist your words into admissions of fault or to at least raise the possibility that you are partially to blame. They may even make you an initial offer, attempting to convince you it is the most you can expect to receive.

Do not fall for these tricks. Instead, have your Biddeford car accident attorney handle all communication with the at-fault party’s insurance. Your attorney will value your case with precision and will make a settlement demand that provides fair compensation. 

Negotiating Your Settlement 

Once your lawyer makes the settlement demand, negotiations with the at-fault party’s insurance company begin. Our Biddeford car accident lawyers are skilled negotiators and will not be intimidated or coerced into accepting a low offer.

Most car accident claims settle out of court. However, if the other side will not negotiate in good faith, your attorney will review your options with you. Should you decide to go to trial, Berman & Simmons Trial Attorneys will represent you at every court proceeding.

What A Biddeford Car Accident Settlement Can Cover

The circumstances of every accident are different, making it impossible to offer an average settlement amount. What you collect depends on the severity of your injuries and their consequences, the at-fault party’s degree of negligence, and other factors. That said, you can trust your attorney to consider all of your losses and pursue coverage for:

• Medical bills and future treatment costs. If your injuries are catastrophic, you will likely require continuous daily care
• Loss of income. You will miss work and wages while recovering, and severe injuries may prevent you from returning to work at all. Lost wages and lost future wages and benefits are factored into the settlement amount
• The value of property damaged or destroyed in the accident
• Additional expenses you face because of the accident and your injuries
• Your physical pain and emotional suffering
• Your diminished quality of life

If your loved one dies in an accident, your car accident lawyer in Biddeford will file a wrongful death claim to secure coverage for related medical costs, death expenses, lost income, and loss of consortium. 

A statute of limitations is a legal deadline for filing a claim. For many car accidents in Maine, the statute of limitations is six years from the day of the accident. Wrongful death claims must be filed within a two-year deadline.

While those windows of opportunity may seem wide, you should not delay connecting with an attorney. Some cases come with special circumstances. For example, in cases against government offices, the deadline for filing is much shorter. 

Legally filing your claim or informing the at-fault party’s insurance company that you will be filing can also help move settlement negotiations along. Remember, insurance companies want to pay as little as possible. They may drag their feet, continuing with lowball offers to wear you down and get you to agree to the settlement out of sheer frustration. Sometimes, upon seeing your attorney’s notice to file, reality sets in, and they make more respectable offers.