Bicycle Injury Accidents

Drivers May Have a Difficult Time Seeing Motorcyclists and Bicyclists, But That’s No Excuse for an Accident

March 30, 2017 | Lebowitz & Mzhen

One of the major causes of motorcycle and bicycle accidents that involve another vehicle is the other driver’s failure to see the motorcycle or bicycle. Most often, the failure of a driver to see a motorcyclist or bicyclist is caused by one of several things. Perhaps most common is the driver’s inattention at the time of the accident. With the prevalence of text messaging and cell-phone navigation, drivers are spending more and more time on their phones while behind the wheel, even though it is against the law in most cases.

Another common cause of a driver’s failure to take notice of a motorcyclist or bicyclist is the slim frame that these smaller vehicles have. Most motorists are accustomed to sharing the road with other cars and trucks, and are able to adjust their behavior when they must share the road. However, the average motorist sees a motorcyclist far less often than they see other cars. This can lead a motorist to overlook a nearby motorcycle, and it can also make it difficult for a motorist to gauge the speed at which an oncoming motorcycle is approaching.

Regardless of why motorists routinely fail to notice motorcyclists and bicyclists, at the end of the day, it is the motorist’s responsibility to be familiar with their surroundings. If a motorist causes an accident because they didn’t see a motorcyclist or bicyclist, that will not necessarily be a valid reason to avoid liability.

Physical and Financial Recovery after a Serious Bicycle Accident

March 9, 2017 | Lebowitz & Mzhen

Whenever a bicyclist is involved in an accident with a motor vehicle, the potential for serious injuries is extremely high, even if the bicyclist is wearing a helmet at the time of the crash. In many bicycle accident cases, accident victims will require lengthy stays in the hospital, followed by months of physical therapy, before their life starts to return to normal. Necessarily, this means weeks or months out of work and potentially astronomical medical expenses, not to mention the emotional toll that the accident takes. In some cases, an accident victim is left with irreparable injuries that will stay with them throughout their life.

After a bicycle accident, an injured bicyclist is entitled to bring a personal injury lawsuit against the driver they believe to be at fault for the accident. In some cases, the driver may not be located or may not have adequate insurance; however, there still may be an avenue of recovery through the bicyclist’s own insurance policy. Through this process, an accident victim may be able to seek financial compensation for the various costs associated with the accident, including their past and future medical expenses and lost wages, as well as for any pain and suffering they endured as a result of the accident. Anyone injured in a serious Maryland bicycle accident should seek out a dedicated personal injury attorney to discuss their case.

Bicycle Accident Leaves Teen Paralyzed

Recently, a Texas teenager was struck while he was riding his bike on a public road. After the initial collision, the teen ended up crashing into the car’s windshield before bouncing off and landing on the road. According to a recent local news report, after the accident, the driver responsible for the crash fled the scene. Thankfully, another passing motorist did stop and render aid. However, the teen was unable to feel his legs and was taken by helicopter to a nearby hospital.

Hit-and-Run Accidents on Maryland Roads

February 20, 2017 | Lebowitz & Mzhen

Hit-and-run accidents are difficult for most people to comprehend. Not only does a hit-and-run driver potentially evade responsibility for their actions when they leave the scene of an accident, but they also leave the other parties involved in the accident in a potentially life-threatening situation. Indeed, many accident victims survive the initial impact of a collision but require immediate medical care to ensure a full recovery. In most cases, the person who is in the best position to get an accident victim help is the driver of the other vehicle.

When a driver flees the scene of an accident, they are putting others in grave danger and can be held accountable under Maryland law. In order for a hit-and-run accident victim to successfully recover compensation for their injuries, they must be able to prove that their injuries were caused by the hit-and-run driver’s negligence. Even if a hit-and-run driver was not at fault for the initial collision, he may still be liable to an accident victim he leaves on the side of the road without the necessary medical assistance. This is especially the case when an accident victim can show that their injuries were worsened because they did not receive timely medical attention.

One of the most difficult parts of recovering after a hit-and-run accident is locating the driver. However, thankfully, police generally take these cases very seriously and scour the scene for evidence that can be traced back to the at-fault driver. Anyone who has been struck by a hit-and-run driver – regardless of whether the driver has been located – should reach out to an experienced attorney to determine if they may have a right to financial compensation.

Maryland Hit-and-Run Accidents Involving Bicyclists and Motorcyclists

January 26, 2017 | Lebowitz & Mzhen

Of all types of motorcycle and bicycle accidents, hit-and-run accidents are perhaps some of the most upsetting. This is not just because of the fact that the injured victim may not receive medical attention in a timely manner, but also because these accidents show just how selfish and uncaring some motorists can be.

In general, motorists have a duty to stop and render aid after they are involved in any kind of accident. This duty even requires drivers to stop after accidents that are not caused by the motorist’s negligence. The purpose for this broad general rule is two-fold. First, this rule ensures that anyone injured in an auto accident receives timely medical attention, regardless of who was at fault for causing the accident. Second, it prevents the need for motorists to make snap decisions about their own liability before deciding if they should stop and assist the others involved in the accident. In addition to ensuring anyone who needs medical treatment receives it, a motorist must also exchange all pertinent information with the others involved in the accident and wait for emergency personnel to arrive.

Hit-and-run accidents are criminal offenses, and police take investigations into hit-and-run accidents seriously. Often, through a police investigation, hit-and-run-drivers are caught in the days or weeks following the accident. When a bicyclist or motorcyclist is a victim of a hit-and-run accident, they may be entitled to monetary compensation once the driver is located, regardless of whether any criminal charges are filed or substantiated. A skilled personal injury attorney should be consulted prior to filing any case arising from a traffic accident.

Maryland’s Contributory Negligence Law and How It Can Prevent an Accident Victim’s Recovery

January 12, 2017 | Lebowitz & Mzhen

Earlier this month, an appellate court in New York affirmed a jury verdict in favor of a 12-year-old boy who was struck by a car while riding his bicycle on a four-lane road. In the case, Turturro v. City of New York, the court ultimately denied the City’s challenge that it was entitled to governmental immunity. However, had this case arisen in Maryland, the jury would have been unable to award the plaintiff anything, due to a difference in the substantive law between the two states.

The Facts of the Case

Turturro was riding his bicycle on Gerritsen Avenue at around 6:30 in the evening. At the specific location where the accident occurred, the road was four lanes wide with two lanes in each direction, and the speed limit was 30 miles per hour. Turturro filed a personal injury lawsuit against both the driver as well as the City of New York.

Evidence presented at trial suggested that the motorist who struck Turturro was traveling at approximately 54 miles per hour. Turturro also presented evidence showing that the specific location where the accident occurred was a known high-risk area for speeding and drag racing. In fact, Turturro showed the jury several letters written by members of the community to the City, asking for something to be done about the problem.

Fatal Bicycle Accident Will Not Result in Any Charges Being Filed Against Motorist

December 20, 2016 | Lebowitz & Mzhen

Earlier this month in a Chicago suburb, a fatal bicycle accident claimed the life of one woman. According to a news report covering the tragic accident, police decided not to issue any citations to the other driver involved because there was no evidence that the driver violated any provision of the motor vehicle code.

Evidently, the intersection where the accident occurred has a history of problems, since there are six entries into the intersection, and several of the roads come into the intersection on a curve. The article notes that the city where the intersection is located has conducted a study to come up with ideas on how to improve the safety of the intersection. For example, the city recently put up yield signs, requiring east- and west-bound drivers to yield to north- and south-bound drivers.

Authorities determined that the driver of the car that struck the bicyclist was not at fault for the accident because it appeared as though the bicyclist failed to yield to the car. At this point, no citations have been issued.

Potential Government Liability for Poor Road Design and Maintenance

November 9, 2016 | Lebowitz & Mzhen

While most car accidents involve the negligence of at least one driver, the cause of some single-vehicle car accidents can be traced back to a poorly designed or improperly maintained roadway. In some cases, this may mean that the roadway obscures the vision of motorists, making it more difficult, or even impossible, for them to see what lies around a corner. In other cases, a rough or deteriorating road surface makes it difficult for vehicles to maintain control or come to a safe stop.

Ultimately, the duty resides with the state or federal government to design and maintain a safe network of roads and highways. However, liability for the design or maintenance of a roadway is not always present and depends on a number of factors. Generally speaking, if a government agency has knowledge that a road is dangerous, the government should take action to remedy the danger. Many times, this comes down to presenting a court with statistics of car accidents that have occurred on the same stretch of road, or submitting evidence that an inspection of the road was completed but no action taken.

Road to Be Redesigned after Several Fatal Accidents

Earlier last month, a bicyclist was killed on a stretch of road in Chicago when she was struck by a passing cement truck. According to a local news source covering the tragic accident, the 18-year-old bicyclist accidentally turned into the side of the passing cement truck. The exact details are unclear, but authorities believe that the bicyclist misjudged the length of the truck and initiated her turn too soon.

Product Liability Plaintiff Loses “Weight of the Evidence” Challenge on Appeal

August 25, 2016 | Lebowitz & Mzhen

When a party receives an unfavorable verdict after a trial, they are able to file an appeal arguing that any number of objectionable issues at trial deprived them of a fair hearing. Most decisions a trial judge makes during a trial, such as evidentiary rulings, jury instructions, and decisions on pre-trial motions, are reviewable by a higher court. A losing party may also appeal to a higher court on the basis that the jury found against the weight of the evidence, meaning that the jury came to the wrong conclusion given the evidence presented.

A weight-of-the-evidence challenge is a difficult one to win, since an appellate court is often hesitant to replace its own judgment for that of the trial judge or jury because they were the ones to hear the witnesses testify. A recent case in front of a Michigan appellate court shows the difficulty one plaintiff had with her weight-of-the-evidence appeal.

Applebaum v. Target Corporation: The Facts of the Case

Applebaum wanted to buy a bicycle from Target. The accounts at trial varied, but there was some testimony that Target did not have the specific bike she wanted “brand new,” but there was one that had been returned by another customer because the brakes were defective. Applebaum testified that she accepted the bike after an unnamed Target employee told her that it had been repaired.

Accident Victims May Still Recover Damages Even if Law Enforcement Does Not Issue a Citation after a Crash

August 4, 2016 | Lebowitz & Mzhen

A bicyclist who was injured in an October 2014 crash with a sport utility vehicle has filed a personal injury lawsuit against the driver of the SUV and may receive a damages award or settlement from the case, despite the fact that law enforcement officers declined to issue a citation after the crash or find that the driver of the SUV was at fault for the collision. Although bicycle and motorcycle accident victims can more easily prove their case when the other driver is cited after a crash, a law enforcement officer’s determination of fault is not absolute to the question of the other driver’s negligence.

The Bicyclist Crashes into an SUV that Turned into Its Path

According to a local news article discussing the recently filed lawsuit, the accident occurred when a bicyclist, who was traveling in a bike lane adjacent to the right shoulder of a city street, crashed into a sport utility vehicle that was making a right-hand turn into the bicycle’s path. The article notes that after the crash, the law enforcement officers who responded decided not to issue a citation to the driver of the SUV. The article suggests this decision was based on the statements given by witnesses that the bicyclist was traveling excessively fast in the bike lane, and the driver of the SUV could not have known that the fast-moving bicycle would crash into him, based on those facts. The article also notes that the SUV driver admitted to noticing the cyclist as he passed by him earlier, but no citation was issued.

Bicycle Accidents on Maryland Roads

July 8, 2016 | Lebowitz & Mzhen

As the summer season rolls in, more and more people will hop on their bicycles, leaving the cars in the garage. Bicycling can be an affordable and environmentally friendly way to get where you need to go, but riding a bicycle presents additional dangers that commuters should be aware of and should take precautions against.

Perhaps some of the biggest dangers to bicyclists are distracted drivers. Since in most cities bicycles are required to ride on the road with cars and trucks, a driver who is not paying as close attention as they should may inadvertently drift into a bike lane or fail to see a turning bicyclist. In cases in which another motorist causes a bicycle accident, that bicyclist may be entitled to recover compensation for any injuries they sustained. However, in Maryland, a very specific doctrine makes it difficult – if not impossible – for a bicyclist to recover for their injuries when the bicyclist shares fault with another party.

The Doctrine of Contributory Negligence

Maryland follows the doctrine of contributory negligence when it comes to determining who is able to recover for their injuries after an accident. Indeed, contributory negligence is a very strict doctrine that prevents an injured accident victim from seeking compensation for their injuries if they are even the slightest bit at fault in causing the accident that resulted in their injuries. This means that it is incredibly important for anyone injured in a Maryland bicycle accident to seek out the counsel of an experienced personal injury attorney.