Areas We Serve

Berman & Simmons represents truck accident victims across all of Maine, including:

• Androscoggin County
• Aroostook County
• Cumberland County
• Franklin County
• Hancock County
• Kennebec County
• Knox County
• Lincoln County
• Oxford County
• Penobscot County 
• Piscataquis County
• Sagadahoc County
• Somerset County
• Waldo County
• Washington County 
• York County 
•  

When A Truck Accident Becomes a Personal Injury or Wrongful Death Claim

You may have a viable claim when the crash was preventable, meaning a truck driver, trucking company, or another business in the transportation chain failed to use reasonable care (or violated safety rules), and that failure caused serious harm.

In truck cases, negligence isn’t always obvious from the roadway. Strong claims are built by proving:

• What happened and why (the safety failure), and
• What the crash has cost (medical needs, lost income, long-term impact, and, when applicable, wrongful death losses).

Liability in Trucking Accident Cases

In many truck crashes, liability extends beyond the person behind the wheel. That matters because it affects accountability and the insurance coverage available to pay for catastrophic harm.

Potentially responsible parties can include:

• The truck driver (fatigue, distraction, speeding, impairment, unsafe lane changes, following too closely)
• The motor carrier / trucking company (negligent hiring, poor training, inadequate supervision, unsafe scheduling, failure to enforce safety policies)
• A shipper or loader (overweight loads, shifting cargo, inadequate securement)
• A maintenance or inspection provider (missed inspections, ignored brake/tire issues, defective repairs)
• A manufacturer (defective products and auto parts like brakes, tires, underride guards, coupling systems, or other components)

Trucking defendants often try to narrow the narrative to “driver error.” A serious investigation asks the harder question: who created the risk and who had the power to prevent it.

Common Truck Accident Scenarios We See

Maine has crash patterns that reflect both commerce and geography—freight moving north and south on I-95, coastal traffic on Route 1, and heavy work trucks serving forestry and construction.

Examples of trucking scenarios that frequently lead to claims include:

• Logging and heavy commercial trucking collisions (size/weight disparity, braking distance, load stability)
• Rollover and jackknife crashes (often tied to speed, weather, braking, or load shift)
• Rear-end crashes into stopped or slowing traffic (common in congestion, intersections, and work zones)
• Underride collisions (catastrophic injuries when a smaller vehicle slides beneath a trailer)
• Winter-condition wrecks involving commercial vehicles (traction loss, visibility issues, excessive speed for conditions)
• Severe animal-strike events (including moose collisions) followed by secondary impacts or multi-vehicle crashes—where fault can still involve speed, following distance, lighting, and condition-related driving choices

Evidence in Truck Accident Lawsuits

In truck cases, evidence is what wins a case. The police report can help, but the most important proof frequently comes from commercial records and electronic data that can be lost, overwritten, or “misplaced” if it isn’t preserved early.

Key evidence may include:

• Electronic data (“black box”) showing speed, braking, throttle, and crash events
• ELD / hours-of-service logs that can reveal fatigue and rule violations
• Driver qualification and training files (licensing, prior incidents, safety history)
• Maintenance and inspection records (brakes, tires, known defects, compliance habits)
• Dispatch communications and delivery timelines (schedule pressure, unrealistic routing)
• Cargo documents (bills of lading, weight tickets, securement procedures)
• Scene evidence and reconstruction analysis to explain how the collision unfolded

This is why trucking cases reward a law firm that is prepared to act quickly, use experts, and litigate aggressively when necessary.

Maine Truck Crash Data Snapshot

MaineDOT’s Truck and Bus Crash History (2019–2023) shows that trucking crashes are not evenly distributed across the state and that fatal events occur across both rural and urban counties.

Some key numbers from the MaineDOT report:

• Cumberland County: 2,326 truck/bus crashes (2019–2023), including 6 fatal crashes 
• York County: 1,423 truck/bus crashes, including 9 fatal crashes 
• Penobscot County: 1,094 truck/bus crashes, including 2 fatal crashes 
• Androscoggin County: 797 truck/bus crashes, including 9 fatal crashes
• Aroostook County: 578 truck/bus crashes, including 6 fatal crashes

Federal FMCSA crash statistics are another resource used nationally to evaluate large-truck safety trends (with important notes about reporting timelines and data lag). 

Compensation in Truck Accident Cases

Truck crashes commonly cause injuries that require long-term treatment, create permanent limitations, and disrupt a family’s financial stability. A claim should reflect the full impact, not just the first round of medical bills.

Depending on the facts, recoverable damages may include:

Economic Damages

• Past and future medical care (hospitalization, surgery, rehab, therapy)
• Future care needs (in-home support, assistive services, long-term treatment)
• Lost wages and loss of future earning capacity
• Out-of-pocket costs tied to disability and recovery
• Property loss and related financial disruption

Non-Economic Damages 

• Pain and suffering
• Emotional distress and trauma
• Loss of enjoyment of life and loss of normal activities
• Permanent impairment, scarring, and disfigurement

Wrongful Death Damages

When a truck crash results in a fatal loss, Maine law may allow eligible family members and/or the estate to pursue wrongful death damages. While the specific categories depend on the facts and who is bringing the claim, recoverable damages often include:

• Funeral and burial expenses
• Loss of the decedent’s expected income and financial support
• Loss of household services and contributions (the practical support the person provided)
• Loss of companionship, comfort, and society
• Loss of guidance and care (often especially important in cases involving surviving children)
• The family’s emotional suffering tied to the loss

(Case value is always fact specific. Serious cases often require medical and financial experts to measure long-term needs and lifetime costs.)

What The Legal Process Often Looks Like in a Truck Case

Most people want to know what happens after they hire a lawyer, especially in a case involving a trucking company and a commercial insurer.

While every case differs, the process typically includes:

1. Early investigation & evidence preservation (data, logs, records, inspections)
2. Liability analysis to identify all responsible parties and insurance coverage
3. Medical and damages development (future care, work impact, long-term limitations)
4. Claim presentation and negotiations with insurers (often multiple)
5. Filing suit when necessary (discovery, depositions, experts, motion practice)
6. Resolution through settlement or trial (depending on what it takes to achieve a fair outcome)

A key point in trucking litigation: your leverage increases when the other side knows the case is being built for trial.

Maine Statute of Limitations for Truck Accident Lawsuits

Deadlines matter. Missing the statute of limitations can mean losing the right to recover anything.

• Personal injury: Maine’s general limitations period for civil actions is six years.
• Wrongful death: Maine’s wrongful death limitations period is commonly three years (with limited exceptions that can apply in specific circumstances).

There are also situations where different notice rules or shorter timelines can apply (for example, certain claims involving governmental entities). A truck case should be evaluated promptly, especially because trucking evidence can be time-sensitive.

Comparative Fault in Maine (What If the Insurer Blames You?)

Insurers often try to shift blame early, sometimes before the evidence is fully developed.

Maine follows a modified comparative negligence framework where a claimant’s recovery can be reduced by their percentage of fault, and recovery can be barred if the claimant is found to be equally at fault or more (depending on how fault is allocated under the statute).

Fault disputes in truck cases are evidence fights that involve data, logs, reconstruction, and credibility, so early investigation matters.

Talk With a Maine Truck Accident Attorney at Berman & Simmons

If you or a loved one was seriously injured in a trucking crash, or you’re trying to understand whether your family has a wrongful death claim, Berman & Simmons can help you make sense of your options and take the next step.

Call (207) 417-4199 or contact us online for a free, confidential consultation.