In some cases, who is at fault in a motorcycle accident is not immediately clear and sometimes, multiple parties may be at fault. If someone is injured in a Maryland motorcycle accident and files a claim against a driver or another defendant in court, the person who files the claim (referred to as the plaintiff) must show that the defendant was at fault for the accident. This means showing that the defendant owed a duty to the plaintiff, failed to meet that duty by acting or failing to act, the defendant’s actions were the cause-in-fact and a legal cause of the plaintiff’s injuries, and the plaintiff suffered damages.
Of course, a defendant may try to pin the blame on another cause, such as another driver or the plaintiff. If two or more parties acted negligently and caused the plaintiff’s injuries, courts in Maryland will consider if the defendant’s negligent actions were a “substantial factor” in causing the plaintiff’s injuries and if they are sufficiently related to the defendant’s negligent conduct.
What Happens if the Other Driver Blames Me for the Accident?
If the other driver blames your for the accident, you will have to defend against such claims if you want to recover for your injuries. The state of Maryland follows the doctrine of contributory negligence, which means that a plaintiff will not recover compensation if a plaintiff is found to be even partially at fault. Few states in the country follow this doctrine, but Maryland is one of them. The doctrine can lead to very harsh results for some plaintiffs. If a defendant claims contributory negligence as a defense and provides sufficient evidence of the plaintiff’s negligence, a judge or a jury will consider the fault of the plaintiff while also considering the fault of the defendant. An experienced personal injury attorney can help you understand how to effectively bring your claim and reduce the chances of being found to have been at fault.
In a recent motorcycle crash, both the motorcyclist and the other motorist were issued citations after the crash. In that case, a man was recently injured in a motor vehicle accident as he pulled into the street from a parking lot. The motorcyclist, who was 43 years old, had pulled out of a store parking lot and another driver reportedly did not see the motorcyclist pull into the street at the intersection. The other driver pulled in front of him and the motorcyclist drove into the rear driver-side door of the vehicle. The motorcyclist was transported to a hospital. The driver of the vehicle was issued a citation for failing to yield at an intersection. The motorcyclist was issued citations for driving with a suspended license and operating an uninsured motor vehicle.
Contact a Maryland Injury Lawyer
Anyone who has been injured in a Maryland motorcycle accident or another automobile accident should contact an attorney as soon as possible. Evidence can disappear over time and claims must be filed within a certain time period so acting quickly is crucial. The dedicated Maryland motorcycle accident attorneys at Lebowitz & Mzhen, LLC are ready, willing, and able to assist Maryland motorcycle accident victims. Our attorneys work closely with experts to evaluate your injury claim and to build the strongest case possible. Call 1-800-654-1949 or contact us online today to set up a free initial consultation.