Articles Posted in Fatal Motorcycle Accidents

Causation is a necessary element in any Maryland motorcycle crash case alleging the negligence of another party. An essential part is proving that the other party’s actions caused the plaintiff’s damages, which means both proving a cause-in-fact and a legally cognizable cause. Proving a cause-in-fact means proving that the other party’s actions were the actual cause of the damages, whereas legal cause means proving that the defendant’s actions were sufficiently related to the damages to hold the party liable. This inquiry often requires a consideration of whether the plaintiff’s damages were a foreseeable result of the party’s actions. Even if another party’s actions are proven to be the cause-in-fact of the plaintiff’s damages, a court may still find the party is not liable because it is not fair or because it is bad policy.

In addition to proving causation, in a negligence case, a plaintiff still has to prove that the party owed the plaintiff a duty of care, that the defendant’s actions amounted to a breach of the relevant standard of care, and the plaintiff suffered damages. A plaintiff has to prove all elements in a negligence claim, and must prove each element by a preponderance of the evidence. This means that a plaintiff must prove what caused the crash, rather than proving only that another party’s actions were merely a possible cause of the crash.

Motorcycle Driver Killed After Crash with Debris

A Baltimore, Maryland news article recently reported a tragic drunk driving accident. Evidently, a 21-year-old woman under the influence of alcohol killed a motorcyclist after pulling out in front of him. The woman was driving a GMC box truck when she failed to yield to the motorcycle driver. She collided with the man, and he died on impact. The woman was arrested and charged with various crimes, including driving under the influence, driving while impaired, failure to yield, and manslaughter.

According to the Centers for Disease Control and Prevention (CDC), 29 people die in alcohol-related car accidents every day. Despite measures to prevent drunk driving, there is approximately one fatality every hour. Many Maryland drivers have to navigate typical hazards and congested traffic daily, impaired drivers only heighten the risk of a severe car accident.

Under Maryland law, adult drivers over the age of 21 with a blood alcohol concentration (BAC) of .08% or more are considered impaired. A Maryland driver under the legal drinking age who has a BAC level .02 or higher could face a driving under the influence charge. If they have a BAC of .07%, they may face a DUI charge.

Although reckless driving puts everyone on the road at risk, it poses an extraordinary danger to motorcyclists who have very little protection from a potential crash. Unfortunately, Maryland motorcycle accidents are often fatal, although many are completely preventable. While it’s impossible to ensure that all motorists drive carefully to avoid potentially tragic accidents, the reality is that sometimes accidents will happen. However, when accidents happen as a result of reckless driving, Maryland law allows victims to hold the reckless driver responsible for the harm caused.

Motorcyclists who are injured as a result of another driver’s recklessness can file a negligence action against the driver which, if successful, can result in monetary compensation for their injuries. All drivers in Maryland are expected to exercise reasonable caution while on the roads, acting as careful as an ordinarily prudent person would under the circumstances. If a driver’s failure to drive safely results in an accident, any accident victims can pursue a claim of negligence. To be successful in such a claim, a plaintiff must prove that the driver had a duty to act carefully in the situation, the defendant failed to act carefully, and the plaintiff was injured as a result.

Take, for example, a recent motorcycle accident in Illinois. According to a local news report covering the accident, a motorcyclist and his passenger were driving south on a divided highway when the crash occurred. The driver of a Ford pickup truck, driving north on the same road, attempted to pass another car in a no-passing zone, and at a point where there was a curve in the road. Unfortunately, this resulted in a head-on crash with the motorcyclist. Both the operator and his passenger were thrown off of the motorcycle. The motorcyclist was seriously injured, and his passenger was pronounced dead on the scene. The driver of the pickup truck was uninjured.

In Maryland, the effects of a motorist’s reckless driving can often be severe, especially for those riding motorcycles. Indeed, Maryland motorcycle accidents are among the most fatal type of traffic accident, and reckless driving is a major cause of these accidents. Under section 21-901.1 of the Transportation Code, reckless driving is defined as driving a motor vehicle “[i]n wanton or willful disregard for the safety of persons or property,” or “[i]n a manner that indicates a wanton or willful disregard for the safety of persons or property.”

Not only are drivers who drive recklessly subject to criminal penalties, but they may also be liable for negligence or gross negligence claims. Drivers in Maryland have a duty to exercise reasonable care under the circumstances. This duty requires drivers to exercise the degree of care that a person of ordinary prudence would exercise under similar circumstances. The extent of a driver’s duty may change depending on conditions of the weather, the time of day, and other circumstances.

For an accident victim to succeed in a Maryland personal injury claim, they must show that the defendant acted negligently by acting or failing to act in a certain way. General negligence claims require showing that: the defendant had a legal duty to use a certain level of care toward the plaintiff; the defendant failed to meet the standard of care required; the plaintiff suffered damages; and the defendant’s failure to meet the standard of care caused the plaintiff’s damages. In more extreme cases, gross negligence claims may be pursued. Gross negligence refers to willful and wanton misconduct, or a wanton or reckless disregard for others.

Motorcycle accidents are often traumatic and may lead to significant property damage and physical injuries. It is important that Maryland motorcycle accident victims receive immediate and continuous medical treatment for the injuries they sustain. Unfortunately, it is often impossible for an accident victim to receive the appropriate treatment when the culpable party leaves the scene of the accident. Because the injuries are often preventable, Maryland hit-and-run accidents are some of the most frustrating types of car accidents.

A hit-and-run accident occurs when one of the drivers involved in an accident intentionally leaves the scene without providing their pertinent identifying information or assisting someone else who was injured in the accident. A person might be considered a hit-and-run driver even if they were not at fault. However, most often, the person leaving the scene is the responsible party.

As noted above, in a hit-and-run accident an injured party may not receive appropriate medical treatment. This delay in treatment can lead to worsened injuries or even death. Moreover, the victim may have difficulty pursuing a claim for compensation without being able to identify the at-fault party.

Most Maryland motorcycle accidents are often unavoidable, in that there is nothing that can be done to prevent the accident. By the time another driver makes a mistake, it is typically too late. All a motorcyclist can do to protect themselves is take precautions to ensure that they have done everything in their control to reduce the chances of a fatal accident. This includes always wearing a helmet and keeping a lookout for dangerous drivers.

Of course, it isn’t a motorcyclist’s duty to avoid all accidents, and wearing a helmet doesn’t guarantee against injury. Motorcyclists have to rely on other drivers doing their part. Sadly, that is an expectation that is too frequently left unmet.

Late last month, an accident between a pickup truck and several motorcyclists killed seven and injured several others. According to a local news report, the accident occurred on a New Hampshire highway, just before 6:30 in the evening. Evidently, a group of 10 motorcycles was traveling eastbound as they approached a westbound pickup truck towing a flatbed trailer. The pickup truck inexplicably crossed over the center median and collided with the group of motorcycles. Seven drivers and passengers were killed, and three were hospitalized as a result of the accident.