Intersection Collision Injuries
Most intersection collision injuries in Maine are caused by negligence. Oftentimes, one or more drivers is not paying attention to traffic signals or road conditions, and causes a collision with another vehicle or pedestrian that is moving across the road in another direction. "T-bone" or side impact crashes are particularly common at intersections, and they are among the most serious types of crashes, sometimes resulting in death because the sides of a car often have no extra protection or padding. It is not uncommon for injuries in these types of accidents to include a coma, paraplegia, quadriplegia, paralysis, or traumatic brain injury. If you have been seriously hurt or a loved one is killed as a result of an intersection collision, it is critical to retain a knowledgeable Maine car accident attorney to fight for the compensation you need. These types of accidents can be devastating, and you will need an attorney who is experienced in high-stakes negotiations with insurers, as well as taking complex injury cases to trial.Wrongful Death in Maine
In the event that a loved one has died in an intersection collision due to somebody else's fault, there are two possible cases that close family members may be able to bring. Maine has both a wrongful death statute and a survival statute, which provides that a decedent's personal causes of action are not lost in death.
Wrongful death actions must be brought by and in the name of a personal representative within 2 years of the decedent's death. The amount recovered is divided, with half going to a spouse and half to minor children, to be divided between them. If there is no surviving spouse, the money will be provided for the exclusive benefit of the children, and if there are no children, the money will be provided for the exclusive benefit of the spouse. The court must approve any settlement for the benefit of minor children. If the decedent had no spouse or children, any recovery will be for the deceased's legal heirs.
Damages that are available in a wrongful death action are the reasonable expenses of medical treatment, reasonable funeral expenses, and damages of up to $500,000 for loss of comfort, loss of companionship, and loss of society. As noted above, in Maine a cause of action for personal injuries survives a victim’s death under a survival statute. This means that the estate can recover damages for its own benefit on behalf of the deceased. Damages for medical expenses and lost wages are available.
In intersection collision cases, it is possible that some passengers of the vehicle may survive, while others may not. Maine recognizes the tort of negligent infliction of emotional distress, which can apply under these circumstances. If you are present and witness a negligent injury or death of a family member, you may also be able to recover damages for severe emotional distress.Advocating for Maine Accident Victims
If you have been hurt in an intersection collision or a loved one is killed, this is likely a very stressful and difficult time for you as you try to determine how to pay bills on top of recovering or grieving. Retain a trustworthy Maine car accident lawyer to seek the compensation you and your family deserve. Contact Peter Thompson & Associates at 800.804.2004 or via our online form to set up your no-cost consultation today.