Maine's modified comparative negligence rule bars recovery at 50% fault under 14 M.R.S. § 156. In motorcycle cases, insurer "biker bias" is engineered to push you toward that bar — and without forensic evidence locked down early, it works.
Maine's seasonal riding culture — Acadia National Park loops, the Route 1 coastal corridor, and backcountry roads through the western mountains — draws tens of thousands of riders every summer. But the same geography that makes Maine a destination also creates dangerous mixing zones where motorcycles share narrow roads with logging trucks, RVs, and distracted tourist traffic. When a crash happens, the at-fault driver's insurer starts from the assumption that the rider was the problem. Maine's partial helmet law under 29-A M.R.S. § 2083, the illegality of lane splitting under 29-A M.R.S. § 2070, and the strict 50% fault bar under 14 M.R.S. § 156 all become weapons in the adjuster's hands unless an attorney controls the narrative with hard evidence from day one.
Maine's statute of limitations for personal injury is six years from the crash date under 14 M.R.S. § 752 — the longest filing window in New England and one of the longest in the country. That extended deadline is a genuine strategic advantage: it allows time for the full scope of traumatic brain injuries, spinal cord damage, and orthopedic reconstruction to become medically clear before a case is valued. But evidence does not wait six years. Intersection surveillance cameras overwrite footage in 7 to 30 days. Witnesses relocate or forget critical details within weeks. The at-fault vehicle's event data recorder may be wiped during routine service. And the other driver's insurer is building their version of the crash — emphasizing every possible rider-fault angle — starting the day after the collision. Maine's long statute keeps the courthouse door open, but a motorcycle attorney who gets involved early locks down the physical and electronic evidence that determines whether the case is worth six figures or gets denied on comparative fault grounds.
Maine follows modified comparative negligence with a strict 50% bar under 14 M.R.S. § 156. If the jury finds you equally at fault — 50% or more — you recover zero. Below that threshold, your damages are reduced by your percentage of fault. This rule is especially dangerous in motorcycle cases because of institutional "biker bias." Insurance adjusters routinely argue that the rider was speeding, failed to wear a helmet, or was riding aggressively — regardless of what actually happened. Maine's partial helmet law under 29-A M.R.S. § 2083 requires helmets only for riders under 18, learner's permit holders, and those within one year of passing the motorcycle road test. If you were legally riding without a helmet and suffered a head injury, the insurer will attempt to use that choice to inflate your fault percentage, even though you violated no law. Lane splitting is illegal in Maine under 29-A M.R.S. § 2070, so that particular defense is off the table — but speed and conspicuity arguments fill the gap. The only counter to biker bias is objective evidence: the at-fault vehicle's EDR data, intersection geometry, witness depositions, and accident reconstruction analysis.
Maine's minimum auto insurance of 50/100/25 is rarely sufficient to cover a serious motorcycle crash. Motorcycle injuries are disproportionately catastrophic — road rash requiring skin grafts, open fractures, spinal cord trauma, and traumatic brain injuries are common even at moderate speeds because a rider has no steel cage, airbags, or crumple zones. The first recovery target is the at-fault driver's liability policy. After that, a careful attorney examines the rider's own underinsured/uninsured motorist (UM/UIM) coverage, MedPay if purchased, any umbrella policy, and — when a commercial vehicle is involved — the employer's or fleet's commercial policy with its federal-minimum $750,000 floor under 49 CFR § 387.9. Maine law does not cap non-economic damages in personal injury cases, which means pain and suffering, disfigurement, and loss of enjoyment of life are fully compensable. Stacking every available coverage layer is how serious motorcycle injuries get compensated at their actual value, not at the minimum-policy ceiling.
If the motorcycle crash occurred on a road where poor maintenance, missing signage, gravel on pavement, or a design defect contributed to the loss of control, a claim against the municipality or MaineDOT may be available — but it carries a hard procedural trap. Under 14 M.R.S. § 8107, a written notice of claim must be filed within 365 days of the injury to preserve a tort action against a governmental entity. That one-year deadline runs well inside Maine's six-year personal injury statute, and missing it is fatal to the government claim. This matters frequently in motorcycle cases: frost-heaved pavement, sand or gravel left on curves after winter, missing guardrails on mountain roads, and inadequate signage at rural intersections are common contributing factors on Maine's secondary roads. Filing the § 8107 notice early keeps the government defendant on the hook and adds a recovery source that the rider's attorney can leverage in settlement negotiations with the primary at-fault driver's insurer.
Legal Information Notice
The legal information on this page is for general educational purposes only and is not legal advice. Laws change, and every case is different. Always consult with a licensed attorney in your state to verify the current law and how it applies to your specific situation.
Maine has a partial helmet law under 29-A M.R.S. § 2083. Helmets are required for riders under 18, riders operating on a learner's permit, and riders within one year of passing the motorcycle road test. Autocycles are exempt. Riders outside those categories may legally ride without a helmet. However, if you were legally helmetless and suffered a head injury, expect the at-fault driver's insurer to argue that your choice contributed to the severity of your injuries and try to inflate your comparative fault percentage under 14 M.R.S. § 156.
No. Lane splitting — riding between lanes of traffic moving in the same direction — is illegal in Maine under 29-A M.R.S. § 2070. This means the defense cannot use a lane-splitting argument to assign fault in your crash. But adjusters will substitute other biker-bias narratives: speeding, aggressive lane changes, or failure to be conspicuous. Objective evidence — EDR data from the at-fault vehicle, witness statements, and intersection camera footage — is the antidote.
Under 14 M.R.S. § 156, Maine uses modified comparative negligence with a strict 50% bar. If you are found 50% or more at fault, you recover nothing. Below 50%, your damages are reduced by your fault percentage. In motorcycle cases, insurers systematically push the rider's fault allocation toward that 50% threshold using biker-bias arguments. Every percentage point matters — at 49% fault, you recover 51% of your damages; at 50%, you recover zero. A local motorcycle attorney's primary job is to use forensic evidence to anchor fault on the at-fault driver and keep the rider well below the bar.
Six years from the date of the crash under 14 M.R.S. § 752 — the longest in New England. This extended window is valuable because motorcycle injuries often require years of treatment before the full extent of damages is known. But do not confuse the filing deadline with the evidence deadline. Surveillance footage, witness memories, and vehicle data degrade rapidly. If the crash involved a government road defect, the notice-of-claim deadline under 14 M.R.S. § 8107 is just 365 days. Early attorney involvement preserves the evidence that the six-year statute gives you time to use.
"I didn't see the bike" is the most common defense in motorcycle crashes — and it is not a legal defense at all. A driver who fails to see a lawfully operating motorcycle has breached their duty of care. The most frequent at-fault scenario is a car or truck turning left across the rider's path. NHTSA crash data shows roughly 40% of multi-vehicle motorcycle fatalities involve a vehicle turning left in front of the rider. A local Maine motorcycle attorney defeats the "didn't see" narrative with intersection geometry, EDR data from the turning vehicle, and witness testimony establishing the rider's speed, lane position, and right of way.
All legal information on this page is sourced from primary government statutes. Last verified 2026-04-07.
In-depth articles relevant to your motorcycle accident lawyer case.
Motorcycle Accident Bias: Why Riders Face Unfair Treatment
Motorcycle accident victims face insurance bias and jury prejudice. Learn how this bias affects your claim and how an attorney combats it.
How to Deal With Insurance Companies After an Accident (2026 Guide)
Learn how to deal with insurance adjusters after an accident. Avoid common traps, protect your claim, and maximize your settlement.
How Long Does a Personal Injury Case Take? (2026 Timeline)
Understand the typical timeline of a personal injury case from filing to settlement. Learn what factors speed up or delay your claim.
Different type of accident? We connect victims with attorneys across all six practice areas.
Collected by partner attorneys for injured clients. California and Pennsylvania reviews prioritized.
“After my crash, I did not know whether to talk to the insurance company first or get treatment documented. The attorney explained the timeline and what evidence mattered.”
— California accident review, Los Angeles, CA
“I did not understand Pennsylvania limited tort or why the adjuster kept asking about my policy. Getting matched with someone local helped me know what questions to ask.”
— Pennsylvania accident review, Philadelphia, PA
Informational only. GetAccidentLawyerNow is not a law firm and does not provide legal advice. Every case is unique.
Don't wait. The 6 years statute of limitations is ticking.
Call (267) 212-1034 Now*Past results do not guarantee future outcomes. Every case is unique.