Bicycle Safety

The Dangers of Biking with Headphones in Maryland and Nationwide

October 4, 2018 | Lebowitz & Mzhen

Given the state of today’s technology, one hardly has to go a single minute without having access to their music. Indeed, on any given day it is common to see people with their headphones in while engaged in a wide variety of activities including running, walking their dog, riding on public transportation, shopping and riding their bike. And while this unrestrained access to media provides comfort for many, it can also be dangerous.

According to a recent news report, bicyclists are being warned not to ride with large noise-cancelling headphones. The article discusses the death of a 30-year-old investment banker who was run over by a bus while he was riding his bike while wearing over-the-ear headphones.

Experts explained that it is important for bicyclists to be able to hear – and not just see – their surroundings, and that having headphones in while riding prevents bicyclists from taking in much of the surrounding noise. These experts argue that this may result in a situation where a bicyclist is involved in an accident that they may have otherwise been able to avoid. If you were injured while riding a bicycle, contact a Maryland bicycle accident attorney to discuss your options.

Maryland Bicycle Accidents Injure Hundreds of Children Per Year

August 14, 2018 | Lebowitz & Mzhen

Just as learning how to ride a bike is one of the most memorable milestones in any child’s life, it is also seen as a parental rite of passage. And while one of the most important aspects of teaching a child to ride a bike is imparting the importance of bicycle safety, some accidents cannot be avoided.In fact, Maryland bicycle accidents injure, on average, about 67,000 riders per year and result in over 700 fatalities annually. Studies have shown that child riders account for a significant number of both the fatal and the non-fatal bicycle accidents. Most of these accidents occur close to the child’s home, often on their own street.

Motorists have a duty to avoid causing a bicycle accident. This includes following all traffic laws, paying attention to the road in front of them, and yielding to bicyclists when appropriate. When a motorist causes a bicycle accident, they may be held liable for any injuries that occur as a result of their negligence.

Bike Accidents Involving Children Are Frighteningly Common

July 5, 2018 | Lebowitz & Mzhen

Teaching a child to ride a bike can be a rewarding experience for both the child and the adult. However, bicycle safety is a critical component of learning to ride a bike and should never be overlooked. Not only is it important to teach children always wear a helmet, but also to follow the rules of the road and to always be aware of drivers that may not be paying attention.

According to a recent news report based on a study conducted by the Center for Injury Research and Policy, Maryland bicycle accidents involving children may be more common than most people believe. Evidently, nationwide there are there are about 608 bicycle-related injuries per day, which comes out to about 25 accidents per hour.

Of course, most of these accidents are minor. In fact, the top reported injury types were bruises, scrapes, and cuts. However, a very significant 11% of all child bicycle accidents resulted in a traumatic brain injury. Unsurprisingly, when a motor vehicle is involved in the accident, the chance of the child suffering a traumatic brain injury greatly increases.

Bicyclist Deaths Continue to Increase in Bicyclist-Motor Vehicle Crashes

September 6, 2017 | Lebowitz & Mzhen

The death of a loved one is tragic. In Maryland motor vehicle crashes, the party at fault for the crash should be held responsible for their actions. The wrongful death statute in Maryland allows certain family members to recover compensation after the family members’ death. The purpose of the statute is “to compensate the families of the decedents, as opposed to the estates of the decedents.” Therefore, a wrongful death claim is a separate claim that can be brought by the decedent’s family.

The law allows for certain beneficiaries to file a Maryland wrongful death lawsuit. Primary beneficiaries are defined as the spouses, parents, or children of the deceased person. If no primary beneficiaries exist, Maryland law permits secondary beneficiaries to pursue a claim. A secondary plaintiff is any other person related to the deceased person by blood or marriage who was wholly dependent on the decedent.

In order to prove liability, a plaintiff must show that the defendant’s wrongful act resulted in their loved one’s death. Under the statute, a wrongful act is an “act, neglect, or default including a felonious act which would have entitled the injured party to maintain an action and recover damages” if the person had not died. Plaintiffs may recover damages for not only pecuniary losses but also pain and suffering, loss of companionship, parental care, guidance, and more.

Pickup Truck Strikes and Kills Five Bicyclists, Injures Four Others

September 15, 2016 | Lebowitz & Mzhen

In August, the National Transportation Safety Board (NTSB) issued a preliminary report of an investigation into a motor vehicle accident that killed five bicyclists and injured four others. According to the report, nine cyclists in Michigan were riding in a four-foot-wide roadway shoulder when a pickup truck veered off the road and plowed into them from behind. In addition to the report, local news organizations have reported that the driver of the pickup truck is being charged with both second-degree murder and operating a vehicle while under the influence of intoxicating pain medications and muscle relaxants.

The NTSB is a federal agency charged with investigating rail, air, and automobile crashes. According to a recent article, the agency chose to investigate the bicycling accident, due to an uptick in cycling on public roadways. The article also states that in 2013, over 900 bicyclists were killed in cycling accidents, and nearly 500,000 were treated for injuries in hospital emergency rooms. The NTSB last studied crashes involving cyclists in the early 1970s.

Bicycling Accidents on Maryland Roads

In Maryland, motor vehicle drivers owe bicyclists and pedestrians a duty of care while driving. This means that they must drive as a reasonable driver would under the same or similar circumstances. A failure to take such care is called negligence. Drivers who commit negligence may be liable for damages to injured bicyclists, pedestrians, and other drivers and their passengers.

Bicyclist Struck by Drunk Driver Emphasizes Driver Education to Avoid Future Accidents

November 5, 2015 | Lebowitz & Mzhen

Earlier last month in Dallas, Texas, a 26-year-old bicyclist was seriously injured after she was struck and knocked off her bicycle by a drunk driver. According to one local news source, the bicyclist spoke to reporters after the accident, telling them that the key to avoiding accidents like the one that seriously injured her is driver education.

Evidently, the bicyclist had stopped at an intersection and was waiting for traffic to clear before crossing. However, once she started to cross the intersection, a vehicle approached. The vehicle entered the intersection and didn’t slow down until it hit her, knocking her off her bike and seriously injuring her. Thankfully, the woman was wearing a helmet. However, she still suffered serious injuries, including a concussion and neck injuries. She is expected to make a full recovery over the next several weeks.

The driver who struck the bicyclist was arrested and charged with driving under the influence and intoxication assault.

New Study Shows Helmets Do More Than Reduce the Chance of Getting Injured, They Reduce the Severity

October 14, 2015 | Lebowitz & Mzhen

Earlier this month, researchers from the University of Arizona at Tucson released a study they conducted regarding helmet use and its effects on bicycle injuries. As the reader may expect, helmets do prevent injury if they are worn by a rider involved in an accident. However, this study looked a bit deeper.

The idea of the study was to determine if wearing a helmet somehow helped those who did suffer a traumatic brain injury. In other words, it is well known that a helmet can reduce the chance of getting severely injured in a bicycle accident, but of those who are severely injured, did the group of those who were wearing helmets fare any better than those who were not?

The Study

The study looked at 6,267 bicycle accidents that resulted in a traumatic brain injury. Of those, roughly 25% of the riders were wearing their helmets. The results of the study indicated that of those who were involved in a bicycle accident and suffered a traumatic brain injury, those wearing a helmet at the time were 58% less likely to sustain a “serious” brain injury, and 59% less likely to die as a result of their brain injury.

Drunk Driver Allegedly Strikes and Kills Bicyclist

June 26, 2015 | Lebowitz & Mzhen

Earlier this month in Vermont, a doctor was struck by an allegedly drunk driver as he was enjoying an afternoon bike ride before dinner. According to one local Vermont news report, the man and his wife were preparing to have guests over for dinner, and, while his wife was preparing dinner, the man left to go on a bike ride on his regular route. Sadly, he never returned home.

Evidently, the man was riding his bike south on Greenbush Road in Ferrisburgh when a 2013 Chevy Cruze struck him from behind. The woman stopped and remained on the scene until police showed up.

After police arrived and began their investigation, it was discovered that the woman driving the Chevy Cruze was allegedly intoxicated. Specifically, the officers administered a blood-alcohol test and found that her blood-alcohol content (BAC) was .123. The legal limit for BAC in both Vermont and Maryland is .08. She was arrested on suspicion of DUI and released a short time later.

As the Weather Improves Bicycle Safety Becomes a Key Issue in Maryland

March 11, 2015 | Lebowitz & Mzhen

It has been a long winter, and most of us are ready to shed our winter jackets and parkas in favor of shorts and T-shirts. Along with the new clothes, many of us will also opt for new modes of transportation, opting for bikes and motorcycles instead of cars, trucks, and busses. However, as Marylanders from across the state begin to hop on their bikes, the issue of bicycle safety should be in the front of everyone’s minds.

The State of Maryland Department of Transportation has a website dedicated to bicycle safety. It goes over some of the things that all cyclists and motorists should keep in mind when riding or driving on Maryland roads.

For motorists:

Expect bicycles to be on the road and when you see one, maintain a safe distance;
When passing a bicyclist, leave a three-foot distance between the car and the cyclist;
Be extra careful when backing out of driveways;
When merging with a bicycle, yield as you would to another motorist; and
Always be sure to stay alert, keep your attention on the road, and use your signals.

North Baltimore Bike Crash Kills Bicyclist

January 7, 2015 | Lebowitz & Mzhen

Earlier last month in North Baltimore, an accident between a bike and a Subaru left one man dead. According to a report by one local news source, the accident occurred around the 5700 block of Roland Avenue, around 2:45 in the afternoon.

Evidently, when police responded to report of a bicycle accident, they found the 41-year-old victim but no other driver. It wasn’t until a little bit later that the driver of the car that had hit the bicyclist returned to the scene of the accident. The victim was transported to Sinai Hospital in critical condition, but he was not able to overcome his injuries. He died a short time later.

As it turns out, the driver of the Subaru was given probation in a 2010 case involving drunk driving. According to court documents, her blood-alcohol level back then was over three times the legal limit.