Earlier last month in Alexandria, Virginia, a motorcyclist was killed after he was ejected from his bike and then hit by a passing car. According to a report by WUSA 9, the accident occurred at 11:30 in the evening on Interstate 495 just before the exit to Van Dorn Street.
The motorcyclist was traveling in an area of the highway that was under construction. The right three lanes were closed to through traffic, leaving motorists no choice but to use the left three lanes that had recently been milled. The freshly milled pavement had a 2-3 inch lip at the start and the end of the milled section.
Evidently, the motorcyclist lost control of his bike when he drove over the lip from the milled surface to the regular road surface. He was tossed from his bike and landed in the next lane, where another motorist hit him. Emergency responders pronounced the man dead at the scene.
The driver of the car was not injured in the accident, and police have not filed any charges against him.
Construction Zones Are Especially Dangerous for Motorcyclists
While the police are still investigating the exact cause of this fatal motorcycle accident, it seems likely that the accident would not have happened if the lip on the pavement was not there, or if it was smaller in size.
In this situation, it does not seem as though it is the motorcyclist’s fault for getting into an accident. However, at the same time, as the facts are presented in the article, the other driver does not seem to be at fault either because there is a large possibility that the driver who hit the motorcyclist was not being negligent when he hit the fallen motorcyclist. But if this is the case, where does the fault lie for causing the accident?
In these types of situations, an accident victim or the family of an accident victim may wish to look to the municipality in charge of maintaining the roadway, whether it be a city, state, or county government. In many cases, municipal governments are in charge of selecting the road construction crews who will perform maintenance work. When this work is not done safely, serious injuries or deaths can occur.
Have You Been Injured in a Motorcycle Accident Due to an Unsafe Road?
If you or a loved one has recently been in a Maryland motorcycle accident that you believe was caused because the road was left in an unsafe condition, either by construction crews or because the road was not properly maintained, you may be entitled to monetary damages. Each year, hundreds of motorcycle accidents are caused by parties other than the riders themselves. And the innocent victims of motorcycle accidents are entitled to recover for their injuries from the responsible parties. To learn more about the accident laws in Maryland, and to schedule a free initial consultation with a dedicated personal injury attorney, call 410-654-3600 today.
More Blog Posts:
Another Maryland Motorcyclist Dead After Fatal Left-Turn Accident, Maryland Motorcycle Accident Lawyer Blog, published August 21, 2014.
Off-Duty Police Officer Killed in Motorcycle Accident, Maryland Motorcycle Accident Lawyer Blog, published July 24, 2014.