Commercial Vehicle & Trucking Accidents

Attorneys for Commercial Vehicle and Trucking Accidents in Portland, ME

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Portland Commercial Vehicle & Trucking Accident attorneys helping victims recover fair compensation.

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Whereas the average sedan weighs about 3,000 pounds, a fully-loaded semitruck can weigh 80,000 pounds or more. Suffice it to say, a crash with a commercial truck on any of Portland, Maine's roads will be far more damaging than a collision with a typical passenger car. 

With that in mind, if you’ve been injured in an accident with a tractor-trailer or other commercial vehicle, you deserve to be reimbursed for your medical care, lost wages, pain and suffering, and other related losses. The problem, however, is that trucking companies often have teams of attorneys who will do whatever they can to stop you from obtaining that compensation. That’s why you need the help of an experienced commercial truck accident attorney. 

At Gideon Asen, we have the skills, resources, and determination needed to go up against major freight companies. We average more than $1 million per case resolved, and we’ve done so for clients whose cases were turned down by our competitors. Don’t give up; call us!

What Causes Commercial Vehicle and Trucking Accidents?

Commercial drivers must be specially licensed and trained, but those qualifications do not always prevent accidents. Some of the most common causes of accidents with commercial vehicles include the following:

Driver Fatigue

Commercial drivers must abide by federal hours of service (HOS) regulations that limit their time on the road, but some violate these regulations in the name of efficiency. And even law-abiding commercial drivers can suffer from serious fatigue on the road.

Speeding

Many commercial drivers operate on tight deadlines. Sometimes, that means they drive dangerously fast to avoid falling behind, which can put them at serious risk of causing an accident.

Distraction

Distracted driving is by no means a problem unique to truckers and commercial drivers, but having your eyes and hands drawn away from behind the wheel of a 40-ton semi can cause far more damage than someone driving a minivan.

Driving Under the Influence

Commercial drivers must follow strict regulations on drug and alcohol use, but intoxicated drivers are still an unfortunate reality.

Poor Maintenance and Mechanical Failure

Large trucks and other commercial vehicles may unexpectedly suffer sudden breakdowns and mechanical problems that lead to accidents out of the control of their drivers. Even something as seemingly minor as a tire blowout could cause a truck to skid and spin out.

Who Is Liable for Portland, ME, Truck and Commercial Vehicle Accidents?

As any experienced commercial vehicle accident lawyer will tell you, determining liability is remarkably complex in any accident involving a commercial vehicle. And that’s because more than one of the following parties is likely at fault:

Truck Drivers and Owner-Operators

When truck drivers are fatigued, distracted, or under the influence of alcohol or drugs, they can cause devastating accidents. If a driver’s actions directly caused your injuries, they may be named in a lawsuit. However, if that driver is an employee of a company, the employer is more likely to be held liable.

Additionally, many people don’t realize that not all truckers and commercial vehicle drivers are employees; owner-operators (self-employed drivers who own their vehicles) are independent contractors. And if one caused your accident, they may be held liable.

Trucking Companies

Under the principle of vicarious liability, a trucking company may be held legally responsible for the actions of its employees. Imagine, for instance, that a truck driver runs a red light and causes an accident. The driver’s employer may not have directly caused the accident, but it may be held vicariously liable because its employee caused harm while on the job.

Vicarious liability comes into play in many commercial truck accidents, but a trucking company may also be liable if its own misconduct leads to an accident. If a company were to pressure its drivers to ignore their mandated breaks, it may face a lawsuit in the event that a fatigued driver crashes.

Shippers and Loading Companies

Commercial vehicle drivers typically aren’t responsible for loading their own cargo. Therefore, if a truck’s load is unbalanced or improperly secured, and it causes the driver to lose control and crash, the people tasked with packing the truck can be held responsible.

Vehicle and Parts Manufacturers

If a defective vehicle or part causes an accident, its manufacturer may be legally liable for the damage caused. Maine law holds product manufacturers strictly liable for defective products, which means the manufacturer will be held responsible even if there is no evidence of negligence or malintent.

Maintenance Contractors

Lastly, most businesses with large fleets of vehicles hire outside companies to perform routine maintenance and vehicle repairs. If these entities make errors that lead to crashes, they may be held responsible.

What Kinds of Compensation Can You Recover After a Trucking Accident in Portland, ME?

Money can’t heal catastrophic injuries or undo an accident, but it can ensure access to quality medical care, replace lost wages, and offer security through the recovery process. In particular, if you’ve been hurt in an 18-wheeler accident or a crash with any other commercial vehicle, you could be compensated for the following:

Medical Care

You may be awarded compensation to cover hospital stays, surgeries, medications, and follow-up care. If your accident has left you with a disability or your injuries require ongoing care, you could receive compensation for future medical bills as well.

Lost Income

If you’ve become unable to work since your accident, you could be compensated for your lost income. Similarly, in cases where an accident leads to some level of prolonged (or permanent) disability, you may also be compensated for your loss of earning potential.

Property Damage

You may also be reimbursed for the costs of repairing or replacing your vehicle and any other personal property damaged in the accident.

Pain, Suffering, and a Loss of Enjoyment. 

There’s no way to attach a dollar value to emotional pain, but in most cases, you can seek to obtain compensation for these intangible losses as well. Likewise, if your injuries have made it impossible to participate in a hobby or activity you once enjoyed, you may receive additional compensation.

How Our Portland Commercial Truck Accident Attorneys Can Help

A truck accident lawyer is more than a legal representative; when you work with Gideon Asen, we’ll offer the support and guidance you need through every stage of your case. 

Here are some of the ways we can help:

  • Accurately valuing your case
  • Investigating your accident and identifying all liable parties
  • Gathering evidence to support your case
  • Filing an initial insurance claim
  • Negotiating with insurance companies
  • Filing a lawsuit on your behalf
  • Representing you in court if needed

Not all truck accident cases end up in court, but if yours does, you can count on our team to ensure you know what to expect.

FAQ

How Long Do I Have to File a Lawsuit After a Big Rig Accident in Portland, ME?

In Maine, the statute of limitations for most personal injury claims, including those stemming from commercial trucking accidents, is six years. Be that as it may, it's still best to consult a truck accident attorney as soon as possible.

Can I Recover Compensation if I Was Partially at Fault?

Under Maine’s modified comparative negligence laws, you may recover compensation as long as you were less than 50% at fault for the accident; however, if you are awarded compensation, the total amount will be reduced by your percentage of fault.

How Much Does It Cost to Work With a Commercial Truck Accident Attorney in Portland, ME?

Like most commercial vehicle accident lawyers, we work on a contingency basis, which means we won’t ask you to pay anything up front. Upon taking your case, we’ll agree to be paid via a certain percentage of the compensation we recover for you. If we don’t recover compensation, you owe us nothing.

Work With a Premier Commercial Truck Accident Lawyer in Portland, ME, From Gideon Asen

Going up against a trucking company can feel like an unfair fight. And when you’re trying to recover from a life-altering injury, just summoning the energy to begin can be nigh impossible. Fortunately, you don’t have to go it alone. 

At Gideon Asen, we take pride in our unwavering commitment to our clients. We go the extra mile, using cutting-edge data analytics to predict the value of your case, and we’ll never tell you to settle for less. If you’ve been injured in an accident with commercial vehicles, you deserve an advocate. Get in touch today to schedule a free consultation.

What they say

“Taylor Asen and Ben Gideon’s professionalism, expertise, diligence, commitment and kindness never wavered, diminished or faltered during the period it took to resolve my medical malpractice case.”
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