There is little doubt among most ER doctors and other emergency room personnel that, all things being equal, motorcycling is a much higher-risk activity than operating a passenger car or riding on public transportation. The same goes for those riders in Maryland, many of whom are at a greater risk of being hurt or killed than other drivers on the road. According to some studies, the difference in risk between driving an SUV, minivan or sedan and riding a sport bike is staggeringly greater than one might assume. In fact, it has been estimated that for every mile traveled by a motorcycle rider, that individual’s chances of being involved in a fatal roadway or beltway accident is more than 30 times that of a passenger car driver.
While both car and motorbike riders should be equally careful when operating on Maryland’s public roads, the extremely high risk to a motorcycle rider and/or his passenger should make any biker exercise maximum caution to avoid situations that might result in a fatality. Sadly, despite the disparity between the number of motorcyclists versus automobiles traveling on rural routes and interstates, the chances of serious or fatal injuries sustained by a motorcycle rider far outstrips the odds of injury (or death) faced by car and truck drivers under similar circumstances.
Not long ago, a young man traveling on a motorcycle in Prince George’s County lost his life in a traffic accident involving an SUV. According to police, the 23-year-old male was pronounced dead at the scene of a fatal motorcycle-automobile crash in Hyattsville, MD, over the Memorial Day weekend. The victim, a resident of University Park, was identified by authorities as Angel Aguilar. Mr. Aguilar was killed around 3pm on a Saturday after apparently being thrown from his bike, his body landing on a nearby sidewalk.
Hyattsville Police Department officers responded to a reported accident in the 4300 block of East West Highway. Officials investigating the deadly accident stated that the driver of the sport utility vehicle, who was reportedly uninjured, remained at the scene, which is required under Maryland law. Sadly, these kinds of tragic biker accidents are quite common all across Maryland. Even though a passenger car driver may claim he did not see the bike due to it’s smaller size, being involved in a crash could still mean the motorist may face either civil or criminal liability.
Contributory Negligence can Complicate a Maryland Wrongful Death Lawsuit
While this particular crash was still under investigation at the time of the news report, the victim’s family or estate may elect to pursue a wrongful death claim depending on the circumstances surrounding the accident. A qualified Maryland personal injury lawyer can be of great help in cases such as this; however, the plaintiffs must consider all aspects of any case, especially when there is a possibility of contributory negligence on the victim’s part.
As a legal concept, contributory negligence can cause a big problem for many victims of Maryland motorcycle accidents. Those individuals looking for a legal remedy following a bad injury-related car-motorcycle crash must always consider the possibility that their actions may have, in part, contributed to a traffic accident. This is a serious aspect of any injury or wrongful death case because, under Maryland state law, recovery of compensation for monetary losses suffered as a result of a roadway collision will require the plaintiff to prove that the other driver was 100-percent at fault. Since the statute requires the defendant to be 100 percent responsible, if the court deems the plaintiff holds just one-percent of the responsibility, the case can be lost.
In terms of auto insurance rules, Maryland is known as an “at-fault” state. This means, unfortunately for many injured victims, that their claim can end up being denied by the court if the defendant can show that the victim was at least partially at fault. This is often a shock to victims of serious injury-related accidents, not to mention the families of motorcycle riders who have died in Maryland highway accidents. Quite frankly, unless the plaintiff’s attorney can prove the other motorist was 100-percent at fault, the odds of recovering any monetary damages may be next to impossible.
Other states employ what is known as the “comparative negligence” rule, which can allow plaintiffs to prevail in a lawsuit that would otherwise be denied here in Maryland. In those other states, the plaintiff’s compensation will typically be reduced proportionally, based on the degree to which the victim is found to have contributed to an accident that resulted in his or her injuries. Sadly, despite being a rather unpopular aspect of Maryland law, contributory negligence is nonetheless a fact of life.
If you or a loved one has been seriously hurt in a Maryland motorcycle accident in Prince George’s County, Baltimore, or Montgomery County, the seasoned attorneys at Lebowitz & Mzhen, LLC, are ready to help you recover the monetary damages you rightfully deserve. Roadway collisions can result in severe and sometimes life-threatening injuries, especially to victims of motorcycle crashes. Whether you are injured on a sport bike, touring motorcycle, moped or scooter, we understand how the costs for medical care can add up very quickly.
Having an experienced legal team on your side can make all the difference for victims of traffic accidents. Our attorneys have a track record of successful representation at every stage of the legal process, ensuring that victims can obtain the maximum damages due them under the law. Our training and years of experience mean that your claim will be handled properly. If you have questions about your right to legal compensation, feel free to call us at 800-654-1949 to schedule a free, no-obligation initial consultation with a qualified Maryland personal injury lawyer.