Articles Posted in Fatal Bicycle Accidents

Bicyclists and motorcycles are the most vulnerable vehicles on the road. Between the lack of protection and the slim profile of bikes and motorcycles, riders who are unfortunate enough to be involved in an accident often suffer serious injuries. While helmets can help reduce the chances of being seriously injured or killed in some cases, a helmet can only do so much to protect the victims of a Maryland bicycle accident.

Most often, when a motorcyclist or bicyclist is killed in a traffic accident, family members are left behind not just with the grief of recently losing someone but also with many questions. Adding to the anxiety is the prospect of paying for potentially astronomical medical expenses and taking care of the final arrangements for the recently departed.

Maryland’s wrongful death law allows for surviving loved ones to seek compensation from an at-fault party responsible for the accident resulting in their loved one’s death. Most immediate family members are able to bring a wrongful death lawsuit, including spouses, parents, and children. More distant family members may also be able to bring a Maryland wrongful death claim if the accident victim has no close family members.

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A 12-year-old North Carolina girl is dead and another woman has been hospitalized after a tragic accident late last month when they were struck by a passing truck while they were legally riding on the side of the road. According to a local news report, the driver of the truck has not been charged with a crime related to the death, and the cause of the accident appears to remain under investigation. The driver of the truck, a 36-year-old North Carolina man, stated that he was not able to see the cyclists in the road before he hit them. The accident occurred at just after 5:00 in the evening.

The Girl and Her Mother Were Riding Single File on the Side of the Road

According to another report of the accident, the 12-year-old who was killed was riding bicycles with her mother at the time of the crash. According to the survivor, the two cyclists were riding near the right shoulder of the roadway and were unexpectedly hit by the truck. Neither bicyclist was wearing a helmet at the time of the crash, although it is unclear if the outcome would have been different were they wearing helmets.

Maryland Motorcycle Helmet Laws

It’s a proven fact; helmets save lives, and anyone riding a motorcycle or bicycle should wear a helmet at all times. In fact, all motorcyclists and passengers in Maryland, Virginia, and the District of Columbia are required to wear helmets in order to legally operate their vehicles on public roads. However, bicyclists are not required to wear a helmet, although doing so greatly increases the chance of survival in the event of an accident. Maryland’s helmet law has stood up to several legal challenges and remained intact by justifying the restriction of rider freedom by the increase in safety and decreased severity of accidents. Sources vary on exactly how effective helmet laws are in preventing fatalities, but whether a biker is wearing a helmet at the time of the accident has nothing to do with the determination of whether another driver was negligent in causing the accident in the first place.

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Everyone learns the dangers of drunk and drugged driving in the first few weeks of their driver’s education course, but some motorists still insist on getting behind the wheel while intoxicated. In fact, each year across the United States, there are nearly 10,000 deaths attributed to drunk and drugged driving. This figure accounts for about one-third of all traffic-related accidents.

Since drunk driving is such a serious problem, state legislators across the country have enacted tough criminal and civil penalties that can be levied against those who cause an accident while intoxicated. In fact, under the doctrine of negligence per se, anyone injured in a drunk driving accident can essentially take a legal shortcut in proving their claim. This is because the doctrine of negligence per se allows for accident victims to bypass the requirement that they prove the defendant’s conduct was negligent. In other words, since drunk driving is specifically forbidden under the law in an effort to reduce traffic accidents, such conduct is presumed to be negligent by the courts.

Distracted and Intoxicated Driver Kills One Cyclist, Injures Two Others

Earlier this month, one woman was killed and another two injured when an intoxicated driver struck all three with her SUV. According to one local news report covering the tragedy, the driver of the SUV crossed over the center median and struck one of the bicyclists head-on, killing her instantly. After that first collision, the SUV’s mirror struck another woman, and the vehicle then struck a third woman. These women were both admitted to the hospital, but they have since been treated for their injuries and released.

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Motorcycle accidents can happen anywhere. However, almost half of all serious motorcycle accidents occur at intersections, both rural and urban. In fact, according to the National Highway Traffic Safety Administration, about three motorcyclists die each day in multi-vehicle accidents occurring at intersections.

The causes of motorcycle accidents vary, but they often include distracted driving, aggressive driving, or a motorist’s inability to see the motorcyclist. While news outlets often report motorcycle accidents in terms of how the motorcyclist is at fault, this is often inaccurate. In fact, the motorcyclist is deemed to be at fault in only about one-third of the total number of accidents. However, since most people have experience driving a car but cannot relate to riding a motorcycle, accidents are often framed in terms of “what the motorcyclist could have done differently,” even when the motorcyclist was the innocent victim of another driver’s negligence.

There are also some situations in which both parties are at fault. For example, if a motorcyclist is speeding through an intersection, but another driver runs a red light, a collision may result. In these cases, both drivers may be at fault. It is important for motorcyclists to understand that in Maryland and Washington, D.C., any accident with shared fault will prevent either party from recovering compensation for their injuries.

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Auto accidents that involve automobiles and two-wheeled vehicles, whether bicycles, motorcycles, or motorized scooters, share common characteristics demonstrating the unique dangers that are faced by commuters using smaller vehicles on our nation’s roadways. Not only are the users of two-wheeled vehicles more likely to suffer an accident based on the negligence of another driver, but also they are more likely to be seriously injured or killed in an accident as a consequence of the difference in mass between the vehicles.

Other Drivers Owe a Special Duty of Care to Motorcyclists and Bicyclists

There are several reasons why accidents between normal vehicles and smaller, two-wheeled vehicles are more common than between two normal vehicles alone. A primary cause of the increased accident risk is the fact that motorcycles and other small vehicles can be more difficult for another motorist to see, resulting in an unintended collision. Although bicycle and motorcycle operators should use additional caution when commuting around larger vehicles, the drivers of the larger vehicles have a legal duty to exercise due care while on public roadways, and this duty includes paying attention to the road and keeping an eye out for smaller vehicles. If the driver of a larger vehicle fails to see a smaller vehicle and causes an accident, the driver of the larger vehicle may be accountable for damages to the motorcyclist even if the driver of the other vehicle never actually saw the smaller vehicle before the collision.

Motorcyclists and Bicyclists Should Use Approved Safety Equipment to Ensure Their Safety

Motorcyclists should always employ fully functional safety equipment to protect themselves while on the road. This includes lights, reflectors, proper signaling equipment, protective clothing, and a helmet. Using approved safety equipment while on the road can help save a motorcyclist’s life in the event of an accident and additionally support their case for compensation from a negligent driver who may have caused the crash. A motorcyclist or bicyclist involved in an accident who failed to use safety equipment or follow traffic laws before an accident may lose their right to collect the full amount of damages from a negligent driver who caused the accident.

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The vast majority of vehicles one encounters out on the road are passenger cars and trucks. Since drivers see these vehicles day in and day out, hundreds of thousands of times, drivers begin to feel comfortable assessing the speed at which these vehicles are traveling. Drivers make these assessments at any time they need to gauge how much time they have to complete a turn or clear an intersection.

However, motorists are notoriously bad at assessing the speed of oncoming motorcycles. This is likely because drivers see motorcyclists less often and are not as familiar with gauging a motorcycle’s speed. In addition, their smaller profile often leads a driver to assume that a motorcycle is actually moving more slowly than it really is. This can have drastic consequences when a motorist is waiting at an intersection to make a turn and incorrectly estimates the amount of time they have to clear the intersection.

In these situations, the motorist may be at fault for the accident, as long as the motorcyclist is not traveling in excess of the posted speed limit. If the motorcyclist is speeding, he or she may be deemed to be at fault. In the alternative, even if the motorcyclist is not “at fault” in the accident, the fact that the motorcyclist contributed to their own injury may act to bar the motorcyclist from financial recovery in Maryland or Washington, D.C. This is because both jurisdictions apply the strict doctrine of “contributory negligence,” which denies an accident victim the ability to recover compensation for their injuries if they are at all at fault for the accident.

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Marijuana has been all over the news over the past few years. With efforts to legalize the medicinal – and even recreational – use of the drug cropping up all over the country, the number of accidents caused by marijuana intoxication will likely increase as more and more states loosen regulations on the drug. However, it is important for all to keep in mind that the drug being legal under some circumstances in a state does not give motorists the right to drive while under the influence of marijuana.

Marijuana, like alcohol and other drugs, affects a driver’s ability to safely operate their vehicle. According to one United States government source, marijuana use can affect a driver’s judgment, motor coordination, and reaction time. Some studies have linked marijuana use to a decrease in concentration and an overall decrease in a driver’s ability to safely operate a car or truck. In fact, according to the same U.S. government source, marijuana is the most commonly found illegal drug in the blood of those who have caused serious or fatal traffic accidents.

Bicyclist Struck and Killed by Driver High on Marijuana

Earlier this month in Staten Island, New York, one man was killed when he was struck by a driver who was allegedly high on marijuana at the time. According to one local news source, the victim had recently gotten off work and had borrowed a friend’s bicycle to make a quick trip to a nearby deli to pick up some food for dinner. On the way to the deli, however, a driver attempting to make a left turn out of a strip mall struck the bicyclist.

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Earlier this month, the former Episcopal bishop who was charged in the December 27 fatal hit-and-run accident that claimed the life of a father of two young children pleaded guilty to several offenses in relation to the accident. According to one local news source, the woman pleaded guilty to automotive manslaughter and several other related charges in return for a maximum sentence of incarceration that could not exceed 20 years. By agreement with the prosecution, the woman will likely serve just 10 years in jail, with the remaining sentence suspended.

Back in December of last year, the woman was driving on Roland Avenue when she drifted into the bike lane as she was texting on her phone. She struck a bicyclist, sending him flying off onto the side of the road. Initially, the woman circled back to the scene but then left and did not return until she was advised to by a friend. As it turns out, she was found to have been operating the vehicle while under the influence of alcohol. Her blood alcohol content was over three times the legal limit.

The family of the accident victim was present in court for the woman’s plea but declined to comment on what had just occurred. One family member did tell reporters later that the family would “advocate the maximum penalty allowed under law.”

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