See injury payouts made to actual Maine car accident victims. Look for cases similar to yours.

On average, more than 7,800 people are injured or killed on Maine roadways every year.¹ If you or a family member are injured in an accident, you have the right to seek payment from the driver who caused the crash.

The average car accident settlement in Maine for a moderate injury claim is $40,492. Average payouts range from $8,401 for minor injuries to $358,889 for severe injuries.

Average Maine Car Accident Settlement Amounts

We analyzed a group of injury lawsuits filed in Maine by car accident victims. A few cases were brought by pedestrians who were hit by a moving vehicle. Most lawsuits were against the at-fault driver. Some cases involved more than one defendant, such as with multi-vehicle collisions.

All plaintiffs received a payout from a jury verdict or out-of-court settlement. The final payout reflects any reduction taken to account for shared fault by the plaintiff.

Average Payout by Severity of Injury
Minor Injury	$8,401
Moderate Injury	$40,492
Severe Injury	$358,889
Payout Range by Severity of Injury
Minor Injury	$5,000 - $12,000
Moderate Injury	$14,853 - $93,000
Severe Injury	$150,000 - $3,900,000

Types of Motor Vehicle Accidents

Side-impact collisions are the most common type of traffic accident nationwide, followed by rear-end collisions.²

Average Side-Impact Collision Settlements
Minor Injury	$9,570
Moderate Injury	$38,963
Severe Injury	$300,000
Average Rear-End Accident Settlements
Minor Injury	$7,966
Moderate Injury	$26,516
Severe Injury	$353,750

Types of Car Accident Injuries

Neck and back injuries are the most common type of injuries suffered in all kinds of motor vehicle accidents, followed by head injuries.

Seriously injured victims often sustain more than one type of injury. Accident victims in our case group suffered a variety of serious injuries, from eye loss to quadriplegia. Settlements and jury awards are meant to compensate for all the victim’s damages, including the pain and suffering that comes from life-altering physical injuries.

Average Neck and Back Injury Settlements
Minor Injury	$8,401
Moderate Injury	$27,274
Severe Injury	$316,250
Average Head Injury Settlements
Minor Injury	$7,008
Moderate Injury	$71,333
Severe Injury	$500,000

How Car Accident Settlements Are Calculated

Lawyers, juries, and insurance companies base the value of a personal injury case on the scope and severity of the victim’s injuries. A reasonable injury settlement will cover medical bills, out-of-pocket expenses, lost income, and an amount to compensate for the victim’s pain and suffering.

Maine is a traditional fault or “tort” state, meaning accident victims can pursue compensation from the at-fault driver without first having to rely on their own insurance coverage.

Accident victims can file a liability claim against the at-fault driver’s auto insurance, or file a lawsuit directly against the driver. Most car accident victims start by filing an insurance claim.

Estimating a Payout for Minor Injuries

An easy way to estimate fair compensation for a minor to moderate injury claim is the “multiple method.”

Begin by adding up your economic damages. Economic damages include the full amount of your medical bills – even if part of it was paid by other types of insurance, lost wages, and out-of-pocket expenses for medical supplies, medications, and replacement services. Then add one to three times that total to account for your pain and suffering.

A multiple of one is reasonable if you spent a few days in the recliner with ice on your knee. A multiple of two or three is justified when your injuries interfered with your activities for several weeks or months. For example, when a herniated disc kept you out of work and unable to care for your family for three months.

Serious injury claims should be handled by an experienced personal injury attorney to maximize your compensation. The attorney will gather the evidence needed to prove fault, documentation of past and future medical bills, as well as proof of your lost income and significant pain and suffering.

Other factors that affect injury payouts in Maine:

• Shared Fault – Maine is a modified comparative fault state, also called the 50 percent rule. This rule means you can seek compensation from the other party so long they are more to blame than you. Your payout will be reduced by your percentage of shared fault.
• Auto Policy Limits – Anyone who owns or operates a vehicle in Maine must carry bodily injury liability insurance of at least $50,000 per person/$100,000 per accident, $25,000 for property damage, and $2,000 per person in Medical Coverage.
• Multiple Claimants – When more than one person is injured in the same crash, there might not be enough of the at-fault driver’s liability insurance to go around.
• Uninsured/Underinsured Motorist Coverage – Maine requires at least $50,000 per person/$100,000 per accident in uninsured motorist (UM) and underinsured motorist (UIM) coverage for bodily injuries.
• Commercial Policies – Insurance policies for commercial vehicles like tractor-trailers, buses, and delivery vehicles carry higher liability limits than personal auto policies. Higher limits can mean higher payouts for severe injury claims.
• Punitive Damages – Maine only allows punitive damages to be awarded when the plaintiff can prove by clear and convincing evidence that the defendant acted with malice.

Frequently Asked Questions

Minor Injury Case Examples

Minor car accident injuries are most often soft-tissue injuries like cuts, bruises, scrapes, and sprained or strained muscles and tendons. Victims might be stiff and sore enough to miss a few days of work. Most will be fully recovered within a month.

Appeals Court Renders Higher Verdict for Rear-End Crash

Type of Injury: Soft tissue shoulder and neck injuries
Type of Accident: Rear-end
Award/Settlement Amount: $5,000
Case Summary: Plaintiff stopped at a traffic light when defendant rear-ended his vehicle. Defendant was talking on her car phone at the time of the accident. Plaintiff suffered soft tissue shoulder and neck injuries and claimed $5,000 in medical specials and $250 in lost income. Defendant contended that plaintiff suddenly pulled in front of her vehicle and that she was unable to stop in time to avoid a collision. The case was initially tried in District Court resulting in a verdict of $3,500 for plaintiff. Defendant appealed. Jury returned a plaintiff verdict in the amount of $5,000.
Location: Cumberland County, Maine
Case Name and Docket Number: McNeil v. Hogan, CV-07-121

Drunk Driver Causes Multiple Crashes

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Head-on
Award/Settlement Amount: $5,899
Case Summary: Defendant was traveling eastbound on Route A attempting to exit on an off-ramp. He subsequently attempted to reenter Route A, struck a jersey wall, entered the lanes of travel, spun around and struck one or two vehicles. Plaintiff was traveling behind defendant at the time of the accident. He swerved to avoid colliding with defendant’s vehicle and struck a third party’s vehicle head-on. Defendant was charged with driving under the influence of alcohol. Plaintiff claimed he suffered soft tissue neck and back injuries as a direct result of the collision. Defendant admitted liability, but contended that plaintiff was exaggerating the extent of his injuries. Jury awarded plaintiff $5,899
Location: Cumberland County, Maine
Case Name and Docket Number: Bedard v. Tardif, CV-2021-322

Cervical Strain from Rear-End Collision

Type of Injury: Cervical (neck) strain
Type of Accident: Rear-end
Award/Settlement Amount: $6,600
Case Summary: Plaintiff stopped her vehicle to make a left turn. Defendant 1, who was driving an automobile owned by his mother, Defendant 2, rear-ended plaintiff’s vehicle. Defendants admitted liability and the trial proceeded on the issue(s) of proximate cause and/or damages. Plaintiff alleged that she sustained cervical strain in the accident resulting in a 10% permanent partial disability of the cervical spine. Defendant contended that plaintiff did not sustain a permanent disability as a result of the accident. The Court entered judgment for the plaintiff in the amount of $6,600, in accordance with the jury verdict.
Location: York County, Maine
Case Name and Docket Number: Letourneau v. Dennison Lubricants, Inc, 06-004444

Victim Sideswiped in No Passing Zone

Type of Injury: Back/Soft Tissue Injury- Soft tissue injury to low back
Type of Accident: Side-impact
Award/Settlement Amount: $7,700
Case Summary: Plaintiff was operating his vehicle and slowed to make a turn. Defendant, who was following behind, struck the front passenger’s side of plaintiff’s vehicle. Plaintiff alleged that: defendant was negligent in passing his vehicle on the right as he was attempting to turn; defendant attempted to pass in a “no passing zone”; defendant was traveling at an excessive speed; defendant was operating his vehicle while under the influence of alcohol and was not aware of the conditions that existed; and plaintiff suffered soft tissue injury to low back requiring six months of physical therapy and time off work. Defendant contended that he was operating his vehicle in a proper manner when plaintiff suddenly pulled into his lane of travel. Jury found for plaintiff, awarding him $7,700.
Location: Penobscot County, Maine
Case Name and Docket Number: St. Louis v. Hartley’s Oldsmobile, PEN-89-362

Plaintiff Settled Chain Rear-End Collison Case

Type of Injury: General Injuries to his neck and back
Type of Accident: Rear-end
Award/Settlement Amount: $8,000
Case Summary: Plaintiff was stopped in traffic when defendant rear-ended a third party’s vehicle, forcing it into plaintiff’s vehicle which was forced into a fourth party’s automobile. Plaintiff claimed he suffered injuries to his neck and back as a direct result of the accident. Defendant contended that he was forced into the lane where the accident occurred by an aggressive driver and that plaintiff’s disc abnormality was not caused by the accident. Further, that the plaintiff was exaggerating the nature and extent of his injuries and damages. Case settled for $8,000 on the day of trial.
Location: Aroostook County, Maine
Case Name and Docket Number: Hafford v. Nekoosa Corp, ARO-96-124

At-Fault Drunk Driver Disputes Victim’s Injuries

Type of Injury: Back Injury- Cervical sprain/sprain
Type of Accident: Rear-end
Award/Settlement Amount: $8,500
Case Summary: Plaintiff’s vehicle was stopped at a red light when it was rear-ended by a vehicle driven by the defendant. Plaintiff alleged that: defendant was negligent in driving while intoxicated and in rear-ending her vehicle; defendant’s actions constituted wanton misconduct warranting punitive damages; and she sustained a cervical sprain/strain in the accident resulting in a 5% permanent partial disability. Defendant contended that plaintiff’s injuries were minor and not permanent. Per plaintiff’s counsel, this case settled for $8,500 after jury selection.
Location: Kennebec County, Maine
Case Name and Docket Number: Kumar v. Vanderbiezen, CV-93-391

Defendant Argues Plaintiff Exaggerated Extent of Injuries

Type of Injury: Back Injury- Lumbar and cervical sprains of neck and back
Type of Accident: Side-impact
Award/Settlement Amount: $8,581
Case Summary: Plaintiff was driving east when defendant made a left turn into plaintiff’s path and collided with plaintiff’s vehicle. Plaintiff said she suffered soft tissue neck and back injuries as a direct result of the collision, resulting in 5% permanent impairment of both her neck and back. Defendant admitted liability but contended that plaintiff was exaggerating the extent of her injuries. Jury awarded plaintiff $8,581.
Location: Franklin County, Maine
Case Name and Docket Number: Dalot v. Smith, FRA-88-247

Injured Passenger Settled Neck Strain Claim

Type of Injury: Cervical strain to neck
Type of Accident: Side-impact
Award/Settlement Amount: $10,000
Case Summary: Defendant was attempting to merge into the right lane when he sideswiped the vehicle in which plaintiff was a passenger. Plaintiff claimed that she suffered cervical strain as a direct result of the collision. Defendant contended that plaintiff was not injured in the auto accident and that plaintiff’s injuries, if any, were proximately related to a prior rear-end motor vehicle accident. Case settled for $10,000 prior to trial.
Location: Penobscot County, Maine
Case Name and Docket Number: Hammond v. Gaboury, Pen-91-530

Jury Verdict for Passenger in Low-Speed Accident

Type of Injury: Soft tissue back injury with pain in neck and back
Type of Accident: Rear-end
Award/Settlement Amount: $11,728
Case Summary: Plaintiff was a passenger in a vehicle operated by a third party traveling on Street A, approaching its intersection with Street B. Defendant was driving in the same direction behind plaintiff’s vehicle. Both vehicles were in the right lane preparing to make a right turn. Motorists in this lane must yield to vehicles merging from Street B. Defendant rear-ended plaintiff’s vehicle. Plaintiff suffered soft tissue neck and back injuries in the collision. Defendant contended that: she was traveling only 5 m.p.h. at the time of impact; neither vehicle sustained visible damage; and plaintiff was not injured in this minimal impact collision. Jury found for the plaintiff for $11,728.
Location: Penobscot County, Maine
Case Name and Docket Number: Landry v. Pinette, CV 95-446

Left-Turn Crash Aggravates Preexisting Back Problems

Type of Injury: Soft tissue neck injury; headaches; aggravation of a pre existing back injury.
Type of Accident: Side-impact
Award/Settlement Amount: $12,000
Case Summary: Plaintiff and defendant were operating their respective vehicles on the same street. Defendant entered an intersection controlled by a traffic light. As the light turned yellow, plaintiff entered the same intersection in the opposite direction. Unable to stop, plaintiff proceeded through the intersection and was struck by defendant, who was making a left turn. Plaintiff’s vehicle was declared a total loss. Plaintiff suffered soft tissue neck injury, headaches and aggravation of a pre existing back injury. Defendant contended that he proceeded to make the left turn to avoid getting “hung out” in the intersection once the light turned red and that he had almost completed the turn when the collision occurred. Jury found for plaintiff, awarding him $12,000.
Location: Cumberland County, Maine
Case Name and Docket Number: Huff v. Reg’l Transp. Program, WCB-16-541

Moderate Injury Case Examples

Moderate car accident injuries include more extensive soft tissue injuries, uncomplicated fractures, herniated or bulging discs, whiplash neck injuries, and concussions. Those with moderate injuries may be unable to work for weeks or months and could be left with lingering effects.

Motorcyclist Shared Fault for Side-Impact Collision

Type of Injury: Shoulder Injury- Right shoulder pain; Back Injury- herniated lumbar disc at L5-S1 in back; Other – left knee injury
Type of Accident: Side-impact
Award/Settlement Amount: $14,853
Case Summary: Defendant was attempting to merge onto an entrance ramp when he pulled into the path of plaintiff’s motorcycle. Plaintiff subsequently fell off his motorcycle, injuring his back, knee and shoulder. Plaintiff alleged that defendant was negligent in failing to keep a proper lookout and in making an improper lane change. Defendant contended that plaintiff was contributorily negligence in traveling at an excessive rate of speed and in failing to keep a proper lookout. Jury determined that plaintiff was comparatively at fault for the accident. Plaintiff received a net award of $ 14,853.
Location: Sagadahoc County, Maine
Case Name and Docket Number: Douglass v. Kenyon Oil Co., SAG-92-378

Victim Settles Slippery Road Crash Claims

Type of Injury: Soft tissue neck and back injuries.
Type of Accident: Rear-end
Award/Settlement Amount: $15,000
Case Summary: Plaintiff was operating the first vehicle in a line of vehicles. Defendant rear-ended the vehicle behind plaintiff, pushing it into plaintiff’s vehicle. Plaintiff said he suffered soft tissue neck and back injuries due to defendant’s negligence. Defendant contended that: she was unable to stop due to slippery road conditions; the intervening vehicle was the proximate cause of the damage to plaintiff’s vehicle; and the extent of her liability was uncertain. Per counsel, case settled for $15,000 on the first day of trial.
Location: Cumberland County, Maine
Case Name and Docket Number: Lewis v. Johnson, CV-93-1062

Red Light Runner Liable for Plaintiff’s Neck Issues

Type of Injury: Soft tissue injury to neck with radiating pain in left arm; occipital neuralgia
Type of Accident: Side-impact
Award/Settlement Amount: $20,000
Case Summary: Plaintiff was driving her vehicle through an intersection on a green light and collided with defendant’s vehicle. The light was red for the defendant, who admitted liability. The trial proceeded on the issue(s) of proximate cause and/or damages. Plaintiff alleged that defendant’s negligence in failing to observe the overhead traffic signal resulted in the accident and caused her to sustain permanent injuries, including occipital neuralgia. Defendant contended that the plaintiff only suffered from occipital headaches, common to everyone, and not from occipital neuralgia. Jury determined that plaintiff’s damages totaled $20,000.
Location: Knox County, Maine
Case Name and Docket Number: O’dell v. Conneen, CV-96-3

Rear-End Case Settles for Policy Limits Prior to Trial

Type of Injury: Back Injury- Cervical and lumbar sprain
Type of Accident: Rear-end
Award/Settlement Amount: $25,000
Case Summary: Plaintiff and defendant were traveling in opposite directions. Defendant crossed the center line and struck plaintiff’s automobile, pushing it into a third vehicle traveling in the same direction as plaintiff. Plaintiff suffered cervical and lumbar sprain and claimed $1,979 in medical specials and $7,446 in lost income. Defendant contended that he was not negligent. Case was settled for policy limits of $25,000 prior to trial.
Location: Aroostook County, Maine
Case Name and Docket Number: Phillips v. Fuller, Aro-86-102

Jury Verdict for Plaintiff Violin Maker with Disc Injury

Type of Injury: Back Injury- Disc protrusions at C4-C5
Type of Accident: Rear-end
Award/Settlement Amount: $26,063
Case Summary: Plaintiff was stopped in traffic when his auto was rear-ended by a vehicle operated by Defendant 1 and leased from Defendant 2, forcing it into another vehicle. Plaintiff’s vehicle sustained moderate damage. Plaintiff had been involved in another collision three days prior to this collision. Plaintiff alleged that he suffered cervical disc protrusions at C4-C5 as a direct result of the accident; and he was unable to engage in his career as a violin maker due to his injuries. Defendants admitted liability, but contended that plaintiff’s injuries were psychological in origin and not proximately related to the collision. Plaintiff received $26,063 in a jury verdict.
Location: Somerset County, Maine
Case Name and Docket Number: Engelhardt v. Zeegars, CV-95-172

Crash in Snowstorm Resulted in Disc Surgery

Type of Injury: Back Injury- Right disc herniation at L5-S1 in back; a bulging disc at L4-L5
Type of Accident: Rear-end
Award/Settlement Amount: $40,000
Case Summary: Plaintiff and defendant were traveling in the same direction during a snowstorm. A third party made a left turn in front of plaintiff’s vehicle. When plaintiff stopped, defendant rear-ended his vehicle. Plaintiff alleged that he suffered right disc herniation at L5-S1 in back and a bulging disc at L4-L5 in back requiring a partial medial facetectomy, excision of the disc herniation and right S1 foraminotomy and resulting in permanent disability of the lumbar spine. Plaintiff claimed $26,000 in medical specials. Defendant contended that plaintiff stopped abruptly, creating a sudden emergency. Jury returned a plaintiff verdict for $40,000.
Location: Aroostook County, Maine
Case Name and Docket Number: McCain Foods, Inc. v. Gerard, Aro-84-191

Lost Income Limited Because the Victim Resigned

Type of Injury: Soft tissue neck injury; post-concussive syndrome; headaches
Type of Accident: Head-on
Award/Settlement Amount: $50,000
Case Summary: Defendant was driving the third vehicle in a line of vehicles. The first vehicle made a right turn. The second vehicle stopped and defendant struck it from behind, pushing it into oncoming traffic where it struck plaintiff’s vehicle head-on. The driver of the second vehicle was initially named a defendant, but was dismissed several months prior to trial. Plaintiff suffered soft tissue neck injury and post-concussive syndrome resulting in post-concussive headaches. Defendant did not admit liability, but did not seriously contest it. Defendant contended that: Plaintiff’s injuries were not as severe as she alleged; and plaintiff had tendered her resignation prior to the accident and, therefore, her lost income only ran from the day of the accident to the day she would have resigned. Case subsequently settled for $50,000.
Location: Cumberland County, Maine
Case Name and Docket Number: Dickenson v. Cianbro Corp, CV-03-55

Disability and Carpal Tunnel Syndrome Disputed

Type of Injury: Neck injury; carpal tunnel syndrome of the left wrist
Type of Accident: Side-impact
Award/Settlement Amount: $50,000
Case Summary: Plaintiff was driving her vehicle. Defendant struck the passenger side of plaintiff’s vehicle in a low impact collision. A summary judgment on the issue of liability was issued in plaintiff’s favor and the trial proceeded on the issue(s) of proximate cause and/or damages. Plaintiff alleged that as a result of defendant’s negligence she sustained a neck injury, and developed carpal tunnel syndrome of the left wrist. Defendant contended that: plaintiff did not sustain an injury to her wrist in the accident; plaintiff’s neck injury resulted in only a 5% permanent partial disability of the neck; and any other disability of plaintiff’s neck was caused by pre-existing osteoarthritic changes. Jury determined that plaintiff’s damages totaled $50,000.
Location: Cumberland County, Maine
Case Name and Docket Number: Whethan v. Gracie, CV-05-315

At-Fault Driver High on Mind-Altering Drugs

Type of Injury: Head Injury- Head concussion
Type of Accident: Side-impact
Award/Settlement Amount: $71,000
Case Summary: Plaintiff and defendant were traveling on intersecting streets. As plaintiff attempted to make a left turn at the intersection, defendant passed a vehicle which had stopped some distance before a stop sign, entered the intersection and struck the rear of plaintiff’s turning vehicle. According to the investigative officer, defendant appeared to be under the influence of a mind-altering drug. Plaintiff alleged that she suffered a concussion in the collision resulting in permanent residual memory loss. Defendant admitted liability, but contended that plaintiff was exaggerating the extent of her injuries. Jury awarded plaintiff $71,000. Per counsel, the speed of defendant’s vehicle, evidence of substance abuse and defendant’s attempt to leave the scene of the accident significantly impacted the verdict.
Location: Cumberland County, Maine
Case Name and Docket Number: Toto v. Knowles, 18-354

Passenger Firefighter Suffers Brain Trauma In One-Vehicle Crash

Type of Injury: Head Injury – Traumatic brain damage
Type of Accident: Single vehicle
Award/Settlement Amount: $93,000
Case Summary: Plaintiff was a passenger in a vehicle operated by defendant. Defendant struck sand barrels and both parties struck their heads against the windshield. Plaintiff alleged that he suffered mild traumatic brain damage with memory and attention loss as a direct result of the collision. Defendant contended that: plaintiff suffered only a concussion in the collision; plaintiff lost no time from work and continued to perform his duties as a firefighter and union officer post-accident; and plaintiff was comparatively negligent in entering his vehicle knowing defendant had consumed alcohol. The Court did not allow defendant’s contention that plaintiff was comparatively negligent, and awarded plaintiff $93,000.
Location: Androscoggin County, Maine
Case Name and Docket Number: Farrell v. Larson, CV-86-174

Severe Injury Case Examples

Severe car accident injuries can leave the victim with a lifelong disability or disfigurement. Victims of severe accidents may suffer multiple injuries, such as crushing fractures, traumatic brain injuries, spinal cord injuries, loss of eyes or limbs, and internal damage.

Severe injury victims may be unable to resume their pre-accident work or activities, and some may require life-long care.

Plaintiff Partially Disabled in High-Speed Rear-End Crash

Type of Injury: Back Injury – Herniated disc
Type of Accident: Rear-end
Award/Settlement Amount: $150,000
Case Summary: Defendant rear-ended plaintiff’s stopped vehicle at a high rate of speed, causing the vehicle to spin around and strike two other vehicles. Plaintiff alleged that: Defendant was negligent in failing to stop within an assured clear distance ahead; and he suffered a herniated disc as a direct result of the collision, resulting in 15% permanent partial disability of his neck and 5% permanent partial disability of his back. Defendant admitted liability but contended that plaintiff’s injuries were not proximately related to the accident. Jury awarded plaintiff $150,000. Per plaintiff’s counsel, the severity of the impact significantly impacted the outcome.
Location: Sagadahoc County, Maine
Case Name and Docket Number: Homans v. Aetna, CV-96-3

Passenger’s Hand Crushed Between Two Vehicles

Type of Injury: Arm Injury- Crush injury to his hand
Type of Accident: Side-impact
Award/Settlement Amount: $200,000
Case Summary: Plaintiff was a rear-seat passenger in a vehicle traveling south. Defendant drove a pickup truck in the opposite direction along the same Route. Plaintiff claimed that defendant drove on or over the centerline and sideswiped plaintiff’s vehicle, crushing his hand between the two vehicles, which was outside the window. Defendant did not admit liability, but did not vigorously contest it. The court entered judgment in favor of the plaintiff in the amount of $200,000, pursuant to the jury verdict.
Location: Knox County, Maine
Case Name and Docket Number: Feener v. Wheeler, CV-15-053

Rush Hour Chain-Collision Verdict and Settlement

Type of Injury: Back Injury – Compression of his spinal column and nerve roots in back; herniated cervical discs in neck
Type of Accident: Rear-end
Award/Settlement Amount: $290,000
Case Summary: Plaintiff was driving his car during morning rush hour. Defendant rear-ended a vehicle in front of his vehicle and started a chain reaction. Plaintiff’s vehicle was the third vehicle in the three-car collision. Plaintiff said he suffered a compression of his spinal column and nerve roots in back requiring emergency surgery and possible future surgery to relieve further compression; and herniated cervical discs in neck requiring fusion. He claimed $ 1.3 million in loss of future income and past and future medical expenses. Defendants contended that: the accident was unavoidable; the accident was caused by a sudden emergency; and plaintiff was contributorily negligent. Plaintiff settled with the second driver for $90,000 prior to trial. Jury found for plaintiff and awarded him $200,000 against defendant.
Location: Knox County, Maine
Case Name and Docket Number: Norton v. Welch, 06-004444G

Head-On Collision Case Settled Out-of-Court

Type of Injury: Herniated disc in back; bruises to shoulder, arm and legs; lacerated knee
Type of Accident: Head-on
Award/Settlement Amount: $300,000
Case Summary: Plaintiff and Defendant were traveling in opposite directions. Defendant stopped to make a turn. Defendant 2, an employee of Defendant 3, was operating a pick-up truck and he struck Defendant1’s vehicle, forcing it head-on into plaintiff’s vehicle. Plaintiff alleged that he suffered bruises to shoulder, arm and legs, lacerated knee, and herniated disc requiring laminectomy with residual pain and weakness in back. Defendant 2 contended that Defendant 1 contributed to the accident. Defendant1 contended that her negligence was not the proximate cause of the accident. Case settled for $300,000.
Location: Cumberland County, Maine
Case Name and Docket Number: Madigan v. R.C. Moore, 04-028964

Defendant Liable for Motorcyclist’s Fractured Hip

Type of Injury: Leg Injury- Fractured hip
Type of Accident: Rear-end
Award/Settlement Amount: $375,000
Case Summary: Defendant pulled from a parking space on the roadway and struck plaintiff, who was riding a motorcycle. Plaintiff’s motorcycle left 53 feet of skid marks and plaintiff was thrown 25 feet after being struck. Plaintiff claimed that he suffered a fractured hip requiring four weeks of traction and resulting in 10% permanent partial impairment of leg due to injured nerve. He claimed $23,000 in medical expenses. Defendant contended that plaintiff was contributorily negligent in failing to maintain a reasonable speed and proper lookout to avoid the collision. Jury returned a plaintiff verdict for $375,000 plus prejudgment interest.
Location: Cumberland County, Maine
Case Name and Docket Number: Steinert v. LaFrance, CV-12-361

Pedestrian Suffers Multiple Fractures in Both Legs

Type of Injury: Leg Injury- Fracture of tibia and fibula in both legs
Type of Accident: Pedestrian
Award/Settlement Amount: $390,000
Case Summary: Plaintiff was inspecting a used car which was parked in front of defendant1’s used auto dealership. An automobile being operated by defendant2 at a high rate of speed struck a parked vehicle behind plaintiff, pinning plaintiff between the two parked automobiles. Plaintiff sustained a fracture of the tibia and fibula in both legs. Defendant1 contended that any negligence on its part was not the proximate cause of plaintiff’s injuries. Plaintiff settled with the defendants for $390,000 prior to trial.
Location: Hancock County, Maine
Case Name and Docket Number: Beal v. Coastal Auto Parts Inc, CV-01-48

Parking Garage Collison Results in Subdural Hematoma

Type of Injury: Head Injury- Subdural hematoma
Type of Accident: Side-impact
Award/Settlement Amount: $400,000
Case Summary: Plaintiff drove his vehicle into a parking garage. As he was proceeding through the garage, defendant backed out of a parking space into the path of plaintiff’s vehicle, striking it on the passenger side. Plaintiff suffered subdural hematoma requiring surgery and claimed $60,000 in medical specials and $30,000 in lost income. Defendant did not admit liability, but did not seriously contest it. Defendant contended that plaintiff’s injuries were proximately related to a prior accident. The jury ruled in favor of plaintiff in the amount of $400,000.
Location: Aroostook County, Maine
Case Name and Docket Number: Hood v. Mercier, Was-84-401

At-Fault New Driver Leaves Pedestrian with Multiple Fractures

Type of Injury: Muscular and ligamentous injuries to back; Segmental fracture of left fibula (leg); fibular head fracture of right leg; bilateral meniscus (knee) injuries and ligamentous tear
Type of Accident: Pedestrian
Award/Settlement Amount: $525,000
Case Summary: Plaintiff pedestrian was standing with his back to traffic on the right shoulder of Route A. Defendant was on her way to work when her vehicle left the traveled portion of the roadway and struck plaintiff, pinning him against a vehicle which was stopped on the shoulder. Plaintiff suffered muscular and ligamentous injuries to his back; Segmental fracture of left fibula (leg); fibular head fracture of right leg; and bilateral meniscus (knee) injuries and ligamentous tear. Defendant claimed that an unknown motorist forced her vehicle off the road. She was an immigrant and had been driving for only 14 months. Jury found for plaintiff in the amount of $525,000.
Location: Kennebec County, Maine
Case Name and Docket Number: Porter v. Lynne, CV-11-42

Passenger Loses Eye After Driver Hits Tractor-Trailer

Type of Injury: Loss of right eye
Type of Accident: Rear-end
Award/Settlement Amount: $600,000
Case Summary: Plaintiff was a passenger in a pickup truck operated by Defendant 1 on a road in a residential area. The road had two lanes of travel in each direction. A tractor-trailer owned by Defendant2 was parked on the road. Defendant 1 rear-ended the tractor-trailer. It was dark when the accident occurred. Upon impact, plaintiff was thrown forward in the truck where his face struck the windshield. Plaintiff subsequently lost his right eye. Defendant2 contended that Defendant1 had adequate room to pass the tractor-trailer and that Defendant1’s negligence was the proximate cause of the collision. Defendant1 contended that the accident would not have occurred if the truck had not been parked on the road. Jury returned a plaintiff verdict for $600,000 against Defendant1 and zero against Defendant2.
Location: Cumberland County, Maine
Case Name and Docket Number: Hatcher v. House Revivers, Inc., CV-01-39

Passenger Paralyzed When Vehicle Crashes Into Utility Pole

Type of Injury: Head Injury- Closed head injury; Back Injury – Cervical (neck) spine injury resulting in quadriplegia
Type of Accident: Single vehicle
Award/Settlement Amount: $3,900,000
Case Summary: Plaintiff was a passenger in the front seat of a car being driven by defendant. Defendant was driving at about 60 m.p.h. when he lost control of the vehicle and struck an electric pole at the shoulder of the road. Plaintiff suffered a closed head injury. He also injured his spine, rendering him a quadriplegic. Defendant admitted liability but contended that plaintiff was contributorily negligent for not wearing a seat belt. Jury found for the plaintiff in the amount of $3,900,000.
Location: York County, Maine
Case Name and Docket Number: Czerwinski v. York-Cumberland Corp, CV-93-98

Methodology

We analyzed a group of actual Maine lawsuits filed by plaintiffs injured in motor vehicle accidents. All plaintiffs in the group received a court award or settled their case before trial. In a few cases, the final payout was reduced because the injured plaintiff shared some blame for the accident. The Award amount reflects the net payout after adjusting for shared fault.

One catastrophic injury case with a $3,900,000 payout was not included in our averages calculations to avoid skewing the averages artificially high. The payout is included in the ranges.

Cases include collisions involving cars, trucks, and motorcycles. Victims include drivers, passengers, and a pedestrian, who was hit when the at-fault driver ran off the road.