If you’ve tripped on a broken sidewalk in Maine and got hurt, you might wonder: can you still get compensation if you were partly to blame? The short answer is yes Maine uses a shared fault system, officially called “comparative negligence,” which applies even to sidewalk accident cases. That means your own actions matter, but they don’t automatically cancel your right to recover damages.

What does “shared fault” mean for sidewalk injuries in Maine?

Shared fault doesn’t mean everyone gets paid equally. It means the court assigns percentages of blame to each party involved including you, the property owner, or even the city. If you’re found 30% at fault for not paying attention while walking, for example, your compensation gets reduced by 30%. You’d still get 70% of what the total damages are worth.

This rule comes from Maine’s modified comparative negligence law (Title 14, Section 156). As long as you’re less than 50% responsible, you can still collect something. But if you’re 50% or more at fault, you walk away with nothing.

When do people usually bring up shared fault after a sidewalk fall?

Most often, it comes up when the property owner or city argues you weren’t watching where you were going maybe you were texting, wearing inappropriate shoes, or ignoring obvious hazards. Insurance adjusters love to use this tactic early on to lowball or deny claims.

For example, imagine you trip over an uneven slab near a café entrance. The café owner says the crack was visible and you should’ve seen it. But if surveillance shows the crack had been reported months ago and never fixed, the owner might still be mostly liable even if you were glancing at your phone.

Common mistakes people make after a sidewalk accident

  • Assuming partial blame = no case. Even if you think you messed up a little, don’t assume you’re out of luck. Fault is rarely all-or-nothing.
  • Not documenting the scene. Take photos of the hazard, your shoes, weather conditions, and any nearby signs (or lack thereof). These help counter arguments that you “should’ve known better.”
  • Delaying medical care. Waiting too long to see a doctor gives insurers room to argue your injury wasn’t serious or didn’t come from the fall at all.

How is this different from other street hazard cases in Maine?

The same shared fault rules apply whether you’re dealing with icy sidewalks, unmarked construction zones, or even accidents involving municipal vehicles. For instance, if you’re hit by a snowplow because you crossed against a signal, your payout could be reduced just like in a sidewalk case. You can read more about how fault splits work in those situations here.

Similarly, if you’re navigating around construction barriers in Bangor and get hurt, fault may be divided between you, the contractor, and the city depending on signage, lighting, and whether proper warnings were posted. More on that in this guide.

What should you do if you’re blamed for your own sidewalk injury?

Don’t panic. Shared fault isn’t a death sentence for your claim it’s just part of the process. Start by gathering evidence: witness names, maintenance records (if you can get them), and medical reports. Then talk to someone who knows how these cases play out locally.

In Portland, for example, crosswalk and sidewalk cases often involve complex city liability rules. If your situation overlaps with a public space or government property, it helps to understand how the consultation process works you can learn more through this resource.

And if your case involves a city vehicle say, a bus clipping a parked car that then hits you on the sidewalk fault might be split three ways. Details on those scenarios are covered in this article.

One thing to check before talking to insurance

Maine law doesn’t require you to accept the first settlement offer especially if they’re pushing hard on your “partial fault.” Insurers count on people not knowing how comparative negligence really works. A quick chat with a local attorney can help you gauge whether their offer is fair or just a lowball based on shaky blame-shifting.

You can also review Maine’s official jury instruction on comparative negligence here it’s dry reading, but useful if you want to see exactly how juries are told to assign percentages.

Quick checklist after a sidewalk fall in Maine:

  • Take clear photos of the hazard, your path, and surroundings.
  • Get names and contact info from anyone who saw what happened.
  • See a doctor even if you feel “fine.” Some injuries show up later.
  • Don’t sign anything or give recorded statements until you understand your rights.
  • If the adjuster says you’re “mostly at fault,” ask for their reasoning in writing.
  • Consider a free consultation many local attorneys won’t charge unless you win.
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