Maine Truck Accident & Commercial Vehicle Litigation Guide
The impact happens in a heartbeat. One second, you’re navigating the familiar curves of I-95 south of Bangor or heading toward Portland on the Turnpike; the next, 80,000 pounds of steel is crushing your vehicle. When an 18-wheeler, a logging truck, or a corporate delivery van slams into a passenger car, the laws of physics aren’t on your side. The weight disparity is overwhelming—a fully loaded semi-truck is 20 to 25 times heavier than the car you drive. In Maine, these collisions are often life-altering, leaving families to pick up the pieces while multi-billion-dollar trucking companies deploy rapid-response teams to protect their profits.
We understand the terror of that moment. For over 25 years, our managing partner Ralph Manginello has been the advocate Maine families need when they’re facing off against corporate giants. Since 1998, our firm has stood as a shield for the injured, bringing federal court experience and a relentless fighter’s mentality to every case. We don’t just know the law; we know the tactics they’ll use to try to silence you. Our team includes associate attorney Lupe Peña, a former insurance defense lawyer who spent years inside the system. He knows exactly how these companies evaluate, minimize, and deny claims. We use that insider knowledge to stay three steps ahead of the adjusters.
If you’ve been hurt, the clock is already ticking. Evidence in Maine trucking cases disappears faster than you might think. Black box data can be overwritten in as little as 30 days, and trucking companies are often at the scene before the ambulance even leaves. You need a team that moves just as fast. We send formal spoliation letters within 24 to 48 hours to lock down the evidence that wins cases. From the busy shipping lanes near the Port of Portland to the logging routes in the North Woods, we handle every type of commercial vehicle accident.
Call Attorney911 right now at 1-888-ATTY-911 for a free, no-obligation consultation. You don’t have to face this alone. Hablamos Español. Llame al (888) 288-9911.
The Maine Advantage: Why 25+ Years of Experience Matters
When you’re hit by a vehicle operated by a company like Walmart, Amazon, or a major regional logging fleet, you aren’t just filing a claim against a driver. You are entering a legal battle against a sophisticated corporate entity with unlimited resources. Ralph Manginello’s 25-plus years of trial experience is your greatest asset in this fight. He is admitted to the U.S. District Court, Southern District of Texas, and brings that high-level federal litigation background to every case he handles.
We have gone head-to-head with some of the world’s largest corporations, including BP during the landmark Texas City refinery litigation. That experience taught us how to pierce the corporate veil and hold parent companies accountable for the negligence of their subsidiaries. Whether it’s a delivery van that blew a stop sign in a residential neighborhood or an 18-wheeler that jackknifed on a snow-slicked Maine highway, our approach is aggressive and uncompromising.
As client Chad Harris said after we handled his case, “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.” We treat our Maine clients with that same level of personal dedication. We know that behind every case number is a person who can’t work, a family facing mounting medical bills, and a future that feels uncertain. Our goal is to recover every dime you deserve—just as we did for client Glenda Walker, who noted that our firm “fought for me to get every dime I deserved.”
Don’t let them push you around. Call 888-ATTY-911 and speak with a team that has recovered over $50 million for families like yours.
Maine Statutes and Trucking Laws You Need to Know
Every state has its own set of rules, and Maine is no exception. Understanding the Maine-specific legal landscape is the first step in building a successful claim. The laws here are unique, particularly when it comes to how long you have to file and how fault is determined.
The Maine Statute of Limitations
In many states, victims only have two years to seek justice. Maine is different. For general personal injury claims, you have a six-year statute of limitations. This is one of the longest windows in the United States, providing more time to fully understand the long-term medical needs of catastrophic injuries. However, do not let this long window create a false sense of security. While the legal deadline is six years, the “evidence deadline” is often only days. If you wait months to hire an attorney, the black box data from the truck will be gone, the driver’s logs may be purged, and the scene will have changed.
For wrongful death cases in Maine, the timeline is much shorter: you generally have only two years from the date of death to file a claim. These cases require immediate attention to ensure your family’s future is protected.
Modified Comparative Negligence (The 50% Bar Rule)
Maine follows a modified comparative negligence system with a 50% bar. This means you can recover compensation as long as your fault is not equal to or greater than the combined fault of the defendants. If a jury finds you were 20% responsible for the accident and the truck driver was 80% responsible, your total award will be reduced by your 20% share. However, if you are found 50% or more at fault, you are barred from recovering anything.
Trucking company lawyers are experts at shifting the blame. They will try to argue that you were speeding, distracted, or failed to signal—all in an attempt to push your fault percentage toward that 50% “cliff.” We counter these tactics using Lupe Peña’s insider knowledge of insurance defense playbooks. We use accident reconstruction and electronic data to prove the truck driver’s negligence was the primary cause of your injuries.
Maine Logging Truck Regulations
Maine’s economy depends on the timber industry, and that means hundreds of logging trucks share our roads everyday. These vehicles are subject to specific Maine-specific regulations regarding weight limits and securement, on top of federal mandates. A fully loaded logging truck on a state road can weigh up to 100,000 pounds under certain permits—far exceeding the standard 80,000-pound interstate limit. When these massive loads shift or the driver takes a corner too fast on a rural road, the results are often fatal.
Your case is too important for a general practice lawyer. Call a team with 25 years of specialized experience. Call 1-888-288-9911 today.
FMCSA Regulations: Proving the Trucking Company Broke the Law
The Federal Motor Carrier Safety Administration (FMCSA) sets the rules for the entire trucking industry. These regulations are contained in 49 CFR Parts 390-399. Proving a violation of these federal laws is often the “smoking gun” that establishes negligence in your case.
49 CFR Part 395: Hours of Service (The Fatigue Rule)
Driver fatigue is one of the most common causes of catastrophic wrecks on Maine’s long-haul corridors. Under federal law, drivers are strictly limited in how long they can be behind the wheel:
- 11-Hour Driving Limit: After 10 consecutive hours off duty, they can drive a maximum of 11 hours.
- 14-Hour On-Duty Window: They cannot drive beyond the 14th consecutive hour after coming on duty.
- 30-Minute Break: Drivers must take a break after 8 cumulative hours of driving.
- 60/70-Hour Weekly Limits: They cannot drive after having been on duty for 60/70 hours in any 7/8 consecutive days.
When companies like Walmart or Amazon pressure drivers to meet impossible delivery windows, drivers often “cook the books” to stay on the road. We subpoena the Electronic Logging Device (ELD) data to catch these violations. If the driver was awake for 18 hours when they hit you on I-95, the trucking company is liable.
49 CFR Part 391: Driver Qualification
Trucking companies have a non-delegable duty to ensure their drivers are qualified. This means they must maintain a Driver Qualification File for every operator, including:
- A valid Commercial Driver’s License (CDL).
- A current medical examiner’s certificate.
- A documented history of their driving record and previous employment checks.
- Pre-employment drug and alcohol testing results.
If a company hired a driver with a history of DUIs or multiple serious traffic violations, they can be held liable for negligent hiring. Ralph Manginello’s team digs deep into these files to find the red flags the company ignored to save a few dollars.
49 CFR Part 396: Inspection, Repair, and Maintenance
Brake failure and tire blowouts aren’t “accidents”—they are maintenance failures. FMCSA requires every motor carrier to systematically inspect and maintain their equipment. Drivers must perform pre-trip and post-trip inspections (DVIRs). If a truck had worn brake pads or bald tires and was allowed on the road, that is a direct violation of Part 396. We’ve seen cases where maintenance records were falsified to keep a truck moving. We find the truth.
Learn more about your rights in our video guide: “The Definitive Guide To Commercial Truck Accidents” at https://www.youtube.com/watch?v=iEEeZf-k8Ao
Common Truck Accident Types in Maine
Maine’s unique geography and climate create specific risks for commercial vehicle collisions. Whether you were hit in an urban center like Lewiston or on a remote forest road, the mechanics of the crash determine the path of our investigation.
Jackknife Accidents on Icy Roads
In Maine, a sudden winter storm can turn I-95 into a graveyard of twisted metal. A jackknife occurs when a truck’s drive wheels lose traction, causing the trailer to swing out perpendicular to the cab. This often sweeps across three lanes of traffic, creating a massive pileup. Truck drivers have a heightened duty under 49 CFR § 392.14 to use extreme caution in hazardous conditions. If they were speeding on ice and jackknifed, they broke federal law.
Logging Truck Rollovers
Logging trucks have a notoriously high center of gravity. When timber is improperly secured or the driver takes a turn too sharply on a rural road, the truck can roll. Because timber logs are uncontained projectiles, a rollover often results in “log spills” that can penetrate the passenger compartment of nearby cars with fatal force. We investigate the cargo securement standards under 49 CFR § 393.100 to prove the load was unsafe.
Amazon and FedEx Delivery Van Blind Spots
In urban Maine areas like Portland or South Portland, last-mile delivery vans are everywhere. These drivers are under intense pressure to hit delivery quotas. They often make sudden stops, illegal U-turns, and fail to check their “No-Zones” (blind spots). Amazon’s Delivery Service Partner (DSP) model is designed to shield Amazon from liability, but we know how to pierce that shield. If Amazon controlled the route, monitored the driver via AI cameras, and set the schedule, they are responsible.
Underride Collisions (The Mansfield Bar)
One of the most horrific accidents involves a car sliding under the rear or side of a trailer. While federal law (49 CFR § 393.86) requires rear underride guards, these often fail at highway speeds or are missing entirely. There is currently no federal requirement for side underride guards, making side-impact collisions particularly lethal. These crashes almost always result in catastrophic head injuries or wrongful death.
Brake Failure and Tire Blowouts
A truck traveling down a steep grade needs perfectly functioning brakes. If the maintenance company cut corners or the mechanic ignored a faulty air-line, they are liable. Tire blowouts are also a major cause of loss-of-control accidents. We preserve the “road gators” (tire remnants) to prove a manufacturing defect or a maintenance failure.
If you’ve been injured in any of these scenarios, call (888) 288-9911 immediately. We are the Legal Emergency Lawyers™ you can trust.
Who Is Really Liable? Casting a Wide Net for Your Recovery
Most firms only look at the truck driver. At Attorney911, we investigate the entire chain of command. Why? Because the more liable parties we find, the more insurance policies we can access. This is the only way to ensure you receive the multi-million dollar recovery needed for lifelong injuries.
- The Truck Driver: Personal liability for reckless actions.
- The Trucking Company (Carrier): Liable for their employees under respondeat superior.
- The Corporate Parent (Walmart/Amazon/Sysco): Brand owners who control the operations.
- The Cargo Owner/Shipper: If they knowingly over-weighted a logging truck or failed to disclose hazardous materials.
- The Loading Company: Third parties who improperly secured the timber or freight.
- The Trailer Owner: Often different from the tractor owner; each may have separate insurance.
- Maintenance Companies: Outside contractors who failed to fix the brakes or tires.
- Truck and Parts Manufacturers: For defective tires, failed steering, or unstable designs.
- Freight Brokers: Companies that hired an unsafe carrier to save a few dollars.
- Government Entities: If poor road design or unplowed ice on a state road caused the crash.
- Staffing Agencies: If they provided an unqualified driver to an oilfield or delivery fleet.
- Rental Companies (Penske/U-Haul): If they rented a large vehicle to an untrained civilian without proper oversight.
- Oilfield Operators: For accidents occurring near energy sector wellsites or on private lease roads.
- Transit Agencies: For city or regional bus accidents.
- The Federal Government: Under the FTCA, if a USPS or military vehicle was involved.
- Secondary Motorists: In multi-vehicle pileups where multiple drivers share fault.
Think an 18-wheeler is just a big car? Think again. The liability is complex, but we have the team to handle it. Call 1-888-ATTY-911.
The 48-Hour Urgency: Preserving Electronic Evidence
Trucking companies have a system for denying claims. We have a system for winning them. The first 48 hours after a Maine truck accident are critical because data is fragile.
ECM and Black Box Data
The Engine Control Module (ECM) is the truck’s “brain.” It records speed, braking, throttle position, and engine RPM for the seconds leading up to a crash. This data is objective. It doesn’t lie, even if the driver does. However, many ECM systems only store data for 30 days or until a new “event” overwrites it. If the trucking company move the truck or puts it back into service, your evidence could be erased forever.
ELD Logs and GPS Data
Electronic Logging Devices are mandated to prevent fatigue. We subpoena these logs along with GPS route data. If the driver was “running hot”—driving faster than legally possible to make a delivery—we can prove it using the time-stamps on their GPS logs.
AI Monitoring (Netradyne and DriveCam)
Corporate fleets like Amazon and Walmart use AI cameras to monitor drivers. These cameras record driver distraction, phone use, and fatigue. Amazon only keeps this footage for a very limited time unless a “hard braking” event triggers a permanent save. We move immediately to ensure none of this video is “accidentally” deleted.
Call Attorney911 at 888-ATTY-911 right now. We send investigators to the scene and legal demands to the company before the day is over.
Catastrophic Injuries and the Cost of Survival
Truck accidents don’t cause bruises; they cause life-altering traumas. We have recovered multi-million dollar settlements for victims facing these specific challenges:
Traumatic Brain Injury (TBI)
A TBI can range from chronic headaches to permanent cognitive impairment. These cases often recover between $1.5M and $9.8M+ because they require lifelong care. A TBI changes who you are. As client Kiimarii Yup shared, “I lost everything… 1 year later I have gained so much in return.” We ensure you have the resources for the best neurological specialists and long-term cognitive therapy.
Spinal Cord Injury and Paralysis
A C-spine or L-spine injury can result in quadriplegia or paraplegia. These are the highest-value cases, with settlements often ranging from $4.7M to $25.8M+. The cost of home modifications, 24/7 nursing care, and specialized mobility equipment can exceed $10 million over a survivor’s lifetime. We make sure the trucking company pays for every penny of it.
Amputation and Crush Injuries
Losing a limb is a psychological and physical trauma like no other. Settlements often fall between $1.9M and $8.6M. We work with life care planners to project the cost of prosthetics (which must be replaced every few years) and vocational rehab so you can find a new path forward.
Wrongful Death
When a negligent trucker takes a life, no check can replace that person. However, a wrongful death claim (recovering $1.9M to $9.5M+) provides for the survivors left behind. We pursue lost future income, loss of companionship, and mental anguish for the grieving family. We treat you like family because, as Glenda Walker said, “They make you feel like family… they made it feel like a breeze.”
Watch our guide: “The Ultimate Guide to Brain Injury Lawsuits” at https://www.youtube.com/watch?v=GBYAHi5aiEQ
Commercial Truck Insurance: Accessing the Deep Pockets
The average car has $50,000 in insurance. The truck that hit you has millions. But these insurance companies didn’t get rich by paying claims voluntarily. They employ former defense lawyers—like Lupe Peña—to find ways to pay you nothing.
- General Freight Minimums: $750,000.
- Oil and Equipment Minimums: $1,000,000.
- Hazmat and Fuel Minimums: $5,000,000.
Large carriers like Walmart often self-insure for the first $10 million of a claim. They fight harder because they are paying out of their own bank account. But their deep pockets are exactly why these cases are worth so much more. We identify the primary policy, the excess layers, the umbrella coverage, and the corporate assets to ensure you aren’t left with an unpaid medical bill.
Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911 para una consulta gratis.
Maine Truck Accident FAQ: Your Questions Answered
How long do I have to file my truck accident claim in Maine?
Under Maine law, you have six years for personal injury, but only two years for wrongful death. However, your evidence expires in days. You must act immediately to send a spoliation letter.
What if the truck driver was an independent contractor?
Amazon and FedEx will always tell you the driver was a contractor. We use the ABC test and the “right-to-control” test to prove that if the company controlled the driver’s work, they are responsible as an employer.
Can I sue the trucking company for the driver’s negligence?
Yes, under the doctrine of respondeat superior. We also sue them for negligent hiring if they put a dangerous driver on the road.
How is “pain and suffering” calculated in a truck wreck?
It is subjective, based on the severity of your pain and the loss of your freedom to enjoy life. Learn more in our video: “What Is Fair Compensation for Pain and Suffering?” at https://www.youtube.com/watch?v=LG07vbB4cdU.
What if I was partially at fault for the crash?
In Maine, you follow the 50% bar rule. If you were 49% at fault, you can still recover 51% of your damages. We fight to keep your fault percentage as low as possible.
Who pays my medical bills after a truck accident?
The at-fault party’s insurance is ultimately responsible. We can often help arrange medical care under a Letter of Protection (LOP) so you don’t pay out of pocket during your case.
Should I talk to the insurance adjuster?
Absolutely not. They are looking for reasons to deny your claim. As we explain in our video, “What Should You Not Say to an Insurance Adjuster?” (https://www.youtube.com/watch?v=9UKRbFprB0E), any admission can destroy your case.
What are “nuclear verdicts” and do they apply to my case?
Nuclear verdicts are awards over $10 million. Juries award these when they want to punish a trucking company for egregious safety violations. While every case is different, recent Maine-area trends show juries have no patience for corporate neglect.
Why is black box data so important?
The ECM (black box) records objective speed and braking. If the driver claims they hit the brakes but the black box says they never slowed down, you win.
How much does a truck accident lawyer cost?
At Attorney911, we work on a contingency fee basis. You pay zero dollars upfront. We only get paid if we win your case. If we don’t recover money for you, we don’t take a fee.
Can I sue the company whose cargo fell off a truck?
Yes. Cargo owners and loaders have a duty under 49 CFR Part 393 to secure loads. If logs fell from a truck on a backroad and hit you, the logging company is responsible.
What if my child was injured in a school bus crash?
Cases against school districts or municipalities involve sovereign immunity and strict notice deadlines. You must call us immediately to ensure you don’t miss the filing window.
Does insurance cover my PTSD after a wreck?
Yes. Mental anguish and PTSD are legally compensable non-economic damages. Watch our video: “Can I Get a PTSD Payout After a Car Accident?” at https://www.youtube.com/watch?v=9803X_jnR4A.
Your Fight Starts With One Call: 1-888-ATTY-911
If you or a loved one is suffering after a commercial vehicle crash in Maine, the most important thing you can do is get a fighter on your side. Ralph Manginello and the team at Attorney911 have spent 25 years making big companies pay for the damage they cause. We have the federal experience, the insurance defense insider knowledge, and the multi-million dollar track record to get you the justice you deserve.
One company might have already said they won’t accept your case—don’t listen to them. As client Donald Wilcox said, “One company said they would not accept my case. Then I got a call from Manginello… I got a call to come pick up this handsome check.” We take the difficult cases. We take the cases other firms are afraid of. And we win.
The trucking company’s legal team is already working. You should be too. Call (888) 288-9911 or toll-free at 1-888-ATTY-911. We are available 24/7 to take your call. Your consultation is completely free, and we don’t charge a dime unless we secure a recovery for you.
Justice for Maine families. 24/7. Attorney911. Llame ahora al 1-888-ATTY-911. Hablamos Español.
