Proving Negligence in Portland, ME OUI Accidents

Negligent vehicle operation focuses on the driver’s conduct, not just the level of intoxication. Any action taken while driving under the influence, regardless of severity, can lead to legal liability. This means that even a seemingly minor incident, such as a fender bender, can have significant legal consequences for the impaired driver. If you were injured in an OUI or DUI crash, you may have the right to pursue financial settlement. Consult with our drunk driving injury attorney today to learn more about your legal rights.

Proving negligence requires a meticulous and thorough approach. It is crucial to establish that the driver was negligent and that their actions directly caused the crash. This may involve demonstrating that the driver was under the influence, violated traffic laws, or engaged in reckless driving behavior. At Berman & Simmons, our OUI injury lawyer will meticulously investigate the accident, gather evidence such as law enforcement reports, witness statements, and medical records, and may even engage the services of an accident reconstruction expert to help determine the precise sequence of events.

Establishing the Four Elements of Negligence

Establishing four key elements—duty of care, breach of duty, causation, and damages—is essential for successfully proving a personal injury claim.

At the heart of any personal injury claim lies the concept of “duty of care.” This legal obligation requires individuals and entities to act responsibly and avoid causing harm within a given situation. For example, drivers have a duty to operate their vehicles safely, responsibly, and not under the influence of drugs or alcohol.

A breach of duty occurs when an individual or entity fails to meet the expected standard of care. This can involve negligent actions, such as reckless driving or operating a vehicle while under the influence. Essentially, a breach of duty occurs when someone acts in a way that a reasonable person would consider careless or irresponsible.

Then, a direct link must be established between the defendant’s breach of duty and the plaintiff’s injuries. This element, known as “causation,” requires demonstrating that the defendant’s negligent actions were the direct and proximate cause of the plaintiff’s harm.

The final element of negligence is damages, which represent the harm suffered by the plaintiff as a result of the defendant’s negligence. These can be categorized into two types: economic and non-economic damages.

By demonstrating the defendant owed a duty of care, breached that duty, directly caused the plaintiff’s injuries, and that the plaintiff suffered compensable damages, an injured party can pursue the compensation they deserve. Work with a drunk driving injury lawyer to help you establish these four elements and create a strong personal injury claim.

Types of Compensation Possible in OUI/DUI Injury Lawsuits

When a drunk driver causes a crash, severe injuries and even fatalities can occur. While financial compensation cannot bring back a loved one or fully compensate for the trauma you may have experienced, it can help you find closure and hold responsible parties liable for their negligent actions. In Maine, victims of drunk driving accidents may be eligible for types of compensation, including:

• Medical Expenses: This includes past, present, and future medical costs associated with the accident, such as hospital bills, doctor’s appointments, surgeries, rehabilitation, and prescription medications.
• Lost Paychecks: Compensation for paychecks lost due to missed work, reduced ability to earn money, or inability to return to work at all.
• Pain and Suffering: Compensation for intangible losses you experienced from physical and emotional pain endured as a result of the accident. This can include overall loss of enjoyment in life, mental anguish, and emotional distress.
• Property Damage: Compensation for damage to your personal effects and any damage to your vehicle.
• Wrongful Death Expenses: If your loved one died as a result of their injuries, you could be compensated for any associated expenses, such as funeral and burial services.

Speak with our OUI injury attorney today to learn more about the potential compensation you may be eligible for. They will help you fully calculate a comprehensive estimate of all your losses and a fair settlement value. This number should reflect your current losses and any losses you may have in the future to ensure you do not settle for less than you deserve.

Potential for Punitive Damages in Maine Drunk Driving Cases

Maine law allows for the award of punitive damages in certain drunk driving cases in addition to compensating victims for their losses. Punitive damages are not intended to compensate the victim for their injuries but rather to punish the defendant for their reckless and egregious conduct.

To be eligible for punitive damages in a Maine drunk driving case, the plaintiff must demonstrate that the defendant acted maliciously. This includes situations where the at-fault party acted with a conscious intent to harm or when their actions were so reckless that they demonstrated a conscious disregard for human life. This could include situations where the defendant was driving while grossly intoxicated or engaging in other reckless driving behaviors.

Punitive damages cannot be guaranteed as it is entirely up to the court to award them. Our legal team can help you determine whether you may be eligible for them and help you strategically word your case for the highest compensation possible.

Maine Dram Shop/Liquor Liability Laws

At Berman & Simmons, we prosecute all liable parties responsible for accidents, including establishments that serve alcohol to someone who then causes a drunk driving accident. Drunk driving accidents have devastating consequences, causing injuries, property damage, and even fatalities. While the focus often falls on the intoxicated driver, Maine law recognizes that establishments that overserve alcohol can also be held accountable for the resulting harm. This concept, known as “dram shop liability,” is outlined in Maine Revised Statutes Title 28-A, §2501.

Dram shop liability holds that businesses that serve alcohol to visibly intoxicated patrons or minors can be held legally responsible for the harm caused by those patrons’ subsequent actions. This includes situations where an intoxicated individual causes a car accident, injures themselves or others, or commits other harmful acts while under the influence.

If an establishment is found to have negligently served alcohol to an intoxicated patron who then causes harm, they may be held liable for any injuries sustained in the car accident, wrongful death, and property damage caused by the intoxicated patron.

If a drunk driver has injured you or a loved one, and you believe an establishment may have contributed to the incident by overserving alcohol, it is crucial to seek legal guidance. At Berman & Simmons, our knowledgeable DUI injury attorneys have experience with liquor liability lawsuits. We will meticulously investigate your case, gather evidence, and aggressively advocate for your rights to ensure you receive the full compensation available to you under the law.

Statute of Limitations for Personal Injury Cases in Maine

In Maine, the statute of limitations or time limit that allows you to file personal injury claims and cases is generally six years from the date of the accident. There are certain circumstances where this time limit may be extended past six years. Examples of these cases include when a minor sustains injuries or the injury is discovered at a later date. You should consult with a drunk driving injury lawyer as soon as possible to discuss your case.

On the other hand, if a loved one was killed in a collision with a drunk or intoxicated driver, the time limit for filing a wrongful death claim is generally 3 years from the date of the accident. It is important to act quickly to secure your and your loved ones’ legal rights in the wake of an accident.

Even if your accident just happened, you cannot get started too early by speaking with a personal injury lawyer. Time is of the essence when gathering evidence, recording valuable witness testimony while the memory is fresh, and getting started sooner, which gives you more time to craft a solid case for your injuries.

Berman & Simmons Pursue Justice Against Drunk Drivers in Portland, ME

If you or a loved one has been injured in a drunk driving accident, you may be facing a challenging and uncertain future. At Berman & Simmons, we are dedicated to seeing you receive the justice you deserve. Learn more about our practice, which has supported injury victims in Maine for over 100 years. Our attorneys will meticulously investigate the circumstances of your accident, gather evidence, and work tirelessly to build a strong case on your behalf.