For Those Who Ride, Keep Joe By Your Side

In Maine, the Made Whole Doctrine serves as a critical shield for motorcyclists whose damages exceed the available insurance coverage. This legal principle prevents your own health insurance provider or MedPay carrier from taking a portion of your settlement to “reimburse” themselves until you have been fully compensated for all your losses, including pain and suffering, permanent scarring, and lost wages. Because motorcycle accidents often result in catastrophic injuries that quickly exhaust a defendant’s policy limits, our attorneys use this doctrine to argue that you must be “made whole” before any subrogation liens are paid, ensuring more of the recovery stays in your pocket for future care.

Fault for a motorcycle accident can fall on one or more parties, depending on what caused the crash. In many cases, the other driver is most likely responsible. especially if they were speeding, distracted, or failed to yield. However, government entities, trucking companies, and other parties may be responsible if they were involved in the crash.

Fault is determined through a thorough investigation of the accident. This may involve reviewing police reports, eyewitness statements, crash-scene photos, surveillance footage, and other evidence. If the other driver violated traffic laws or acted negligently, that could help establish liability. Insurance companies will conduct their own reviews, but having an experienced motorcycle accident lawyer in Maine gather evidence on your behalf can strengthen your case and ensure your side of the story is clearly presented.

Maine follows a modified comparative negligence rule, which means your compensation can be reduced if you’re found partially at fault, but you can still recover damages as long as you’re less than 50% responsible.

Drivers and passengers in cars have safety features such as airbags and seatbelts to protect them. Bikers typically have nothing but their clothing and a helmet between them and the pavement. They’re much more likely than people riding in cars to get hurt, and motorcycle injuries can be catastrophic, ranging from minor to severe.

Common motorcycle accident injuries include:

• Traumatic brain injury (TBI): TBIs are caused by a severe blow or jolt to the head, which can occur during a motorcycle accident, even if the rider is wearing a helmet. These injuries range from concussions to severe brain damage, leading to long-term cognitive, physical, and emotional impairments.
• Spinal cord injuries: These injuries result from trauma to the spinal cord, potentially causing partial or complete paralysis below the injury site. Spinal cord injuries can lead to permanent loss of function and sensation, significantly impacting the victim’s quality of life.
• Broken bones and fractures: The force of a collision often causes broken bones. Common fractures in motorcycle accidents include those to the legs, arms, wrists, ribs, and collarbones. These injuries can require extensive medical treatment, including surgery and rehabilitation.
• Road rash: Road rash occurs when a rider’s skin scrapes against the pavement, causing abrasions, cuts, and bruises. Severe cases can lead to deep wounds, infections, scarring, and the need for skin grafts.
• Internal injuries: The blunt force trauma from a motorcycle accident can cause internal injuries to organs such as the liver, spleen, and kidneys. These injuries might not be immediately apparent but can be life-threatening if not promptly treated.
• Facial injuries: Motorcycle riders are at risk for severe facial injuries in a crash, including broken jaws, dental trauma, and deep cuts. These injuries can lead to disfigurement and require reconstructive surgery.
• Soft tissue injuries: Damage to muscles, ligaments, and tendons can result in sprains, strains, and tears. Soft tissue injuries can be painful and may limit mobility, often requiring physical therapy for recovery.
• Amputations: In severe motorcycle accidents, limbs can be so badly damaged that amputation is necessary. Losing a limb has profound physical and emotional consequences, necessitating long-term medical care and rehabilitation.
• Hand and foot injuries: Due to their exposure, hands and feet are particularly vulnerable in motorcycle accidents. Injuries can include fractures, dislocations, and severe cuts, potentially leading to permanent disability if not properly treated.

A motorcycle accident in Maine can happen in an instant, and injuries can be catastrophic. Unlike occupants of cars who have a steel cage protecting them, motorcyclists have little protection from severe or even fatal motorcycle accident injuries.

Yes, you should see a doctor as soon as possible after a motorcycle accident, even if you feel fine. Motorcycle crashes often cause serious injuries, and some, like TBIs or internal injuries, may not show symptoms right away. A medical professional can identify injuries early and start treatment before they get worse. Seeing a doctor also creates a medical record, which can be important if you decide to file an insurance claim or pursue compensation. Delaying care may hurt both your health and your ability to recover damages later.

You’ll need to report the accident to your own insurance company, but be cautious when speaking with the other driver’s insurer. Insurance adjusters may try to get you to say something that can be used to reduce or deny your claim. It’s a good idea to speak with a motorcycle accident lawyer before giving any statements. A Maine motorcycle accident lawyer at The Law Offices of Joe Bornstein can handle communication with the insurance companies on your behalf and protect your rights while you focus on healing.

The main cause of motorcycle accidents in Maine is failure to uphold a duty of care. Motorists have a duty of care to follow all road rules and drive safely around motorcyclists. Additionally, motorcycle manufacturers have a duty to bring only the safest motorcycle products to market. When these parties fail to uphold their duty of care, and it results in someone’s injury or death, they can be found liable.

Common motorcycle accident causes include the following:

• A car or truck moves into a motorcyclist’s right of way.
• A driver is distracted in some form or another (sending text messages or driving under the influence of alcohol, for example).
• Reckless driving or speeding by another motorist.
• A driver fails to yield the right-of-way to a motorcyclist.
• Road defects, such as bumps, potholes, gashes, loose gravel, or debris.
• Motorcycle defects, such as malfunctioning brakes or tires.
• A motorist makes a left turn without checking for oncoming motorcyclists.

Motorcycle riders are some of the most vulnerable people on the road, and when motorists don’t drive safely around them, people get hurt. It’s important to retain a qualified motorcycle accident attorney in Maine who can protect your rights.

If your motorcycle crash involved a state, county, or municipal vehicle, your case is governed by the Maine Tort Claims Act (MTCA), which imposes much stricter procedural hurdles than a standard personal injury claim. Unlike the typical six-year statute of limitations, the MTCA requires you to file a formal “Notice of Claim” within 365 days of the accident, or you may lose your right to sue entirely. Furthermore, there are specific caps on the total amount you can recover from a governmental entity, which makes it vital to have a Maine motorcycle accident attorney who knows how to deal with these immunity defenses and statutory limits to secure the maximum amount allowed by law.