Accidents involving a motorcycle can be extremely dangerous. According to the National Highway Traffic Safety Administration, motorcyclists were approximately 29 times more likely than those who ride in a car to die in a motor vehicle crash and 41 times more likely to be injured. So when a motorcycle driver is injured or killed in one of these accidents, they may wish to bring a lawsuit against the responsible party. To be successful in their lawsuit, the individual—the plaintiff—must prove the defendant was at fault for the accident and the plaintiff’s injuries. While it sometimes may be easy to determine who is at fault in such accidents, other times it may be more difficult to prove.
A motorcyclist was recently killed after colliding with a large truck. According to a local news report, the driver of the commercial pickup truck was attempting to turn left when it struck a motorcycle. The driver of the motorcycle—who was wearing a helmet—was taken to the hospital and later died of his injuries.
When accidents like this occur, it is important to determine who is at fault—especially in those instances when a lawsuit is brought. Because motorcycle drivers are more likely to be injured or killed in accidents involving a car, it is often assumed the motorcycle driver is not at fault. However, there are still facts a motorcycle driver must prove to prove the other individual caused the accident. The plaintiff can establish fault in a few ways.
The first is physical evidence. If there was a dashcam or other video recording device that depicts the accident, the plaintiff can use this to prove the person they are suing—the defendant—caused the accident and the plaintiff’s injuries. This is extremely compelling evidence and can often be used to convince juries.
The plaintiff can also rely on eyewitness testimony to prove the defendant was at fault. If other people witnessed the accident occur, they can testify to who is responsible for the incident. While juries often prefer physical evidence to eyewitness testimony, this can be an effective way to have someone illustrate what occurred and how the defendant is at fault.
However, it is important to note that Maryland has strict requirements about the plaintiff’s involvement in the accident. Unlike many other states, if the plaintiff is found to be at all responsible for the accident, they will be unsuccessful in winning their case. Therefore, plaintiffs must also be prepared to argue against such an assertion and prove they played no part in the accident and their overall injuries.
Because negligence lawsuits involving motorcycles are extremely fact-dependent, it is important to contact a personal injury attorney to assist with the case.
How Long Do I Have to File a Motorcycle Accident Lawsuit in Maryland?
You have three years to file a motorcycle accident in Maryland. However, it is generally the best idea to speak with a personal injury lawyer as soon as possible. This will give you and your attorney plenty of time to fully investigate the accident develop a compelling strategy to maximize your chances of success.
Do You Need a Maryland Motorcycle Accident Lawyer?
If you or someone you know was recently injured or killed in a Maryland motorcycle accident, contact the attorneys at Lebowitz & Mzhen today. Our knowledgeable attorneys have decades of experience fighting for victims of motorcycle accidents and obtaining them the compensation they deserve. We also represent clients in other types of personal injury claims and navigate the process with ease. To schedule a free initial consultation, give us a call today at 800-654-1949.