Maine uses modified comparative negligence (50% bar), codified at 14 M.R.S. § 156. Unlike pure comparative states, where a 90%-at-fault plaintiff still recovers something, Maine bars recovery once your share of fault reaches or passes the other side's.
How the 50% Bar Actually Works
If you are less at fault than the party you are suing, you can recover — but your damages are reduced to reflect your share. If you are equally or more at fault, you recover nothing. Maine's reduction is also unusual: rather than a simple percentage cut, the jury reduces damages to the extent it considers “just and equitable,” which gives skilled advocacy real room to matter.
Why Insurers Inflate Your Fault
Every percentage point of blame they can shift onto you reduces — or eliminates — what they owe. That is why adjusters ask leading questions, request recorded statements, and frame routine driving as carelessness. A claim that should clearly succeed can be defeated if your fault is exaggerated past the bar.
Evidence Is the Antidote
Police reports, scene photos, witness accounts, vehicle data, and reconstruction can move the fault split. A driver accused of “following too closely” may have been cut off by a vehicle that left the scene — a fact only investigation reveals. In a 50%-bar state, that investigation can be the difference between full recovery and nothing.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
Frequently Asked Questions
Yes, as long as your share of fault is less than the other party's. Under 14 M.R.S. § 156, equal or greater fault bars recovery, and your damages are reduced to reflect your share.
No. Maine is an at-fault (tort) state for injury claims. The at-fault party's insurer is generally responsible, subject to the comparative negligence rule.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Maine attorney.