Fatal Motorcycle Accidents

Motorcycle Passenger Killed in Head-On Collision with Drunk Driver

November 17, 2016 | Lebowitz & Mzhen

A woman who was riding on the back of a motorcycle is dead, the driver of the motorcycle is seriously injured, and another woman is facing charges for driving while intoxicated and causing an accident resulting in serious injury or death. According to a local news article discussing the tragic crash, the driver of the car was making a left-hand turn out of a parking lot when she crashed directly into the motorcycle. Neither the driver nor the passenger was wearing helmets at the time of the crash, and the article stated that head trauma was a contributing cause to the passenger’s death.

Maryland’s Helmet Law

The state of Maryland has passed a law that all motorcyclists on public roads must be wearing an approved helmet, as well as all passengers riding on the back of a motorcycle. It’s a simple fact that helmets save lives every year, and some sources estimate that 700 deaths each year could be prevented if motorcyclists and their passengers wore helmets at the time of the accident.

Although helmets are effective and should be worn by motorcyclists and their passengers, other drivers are not protected from liability when they cause an accident involving a motorcyclist without a helmet. The fact remains that according to the National Transit Safety Board, over half of fatal motorcycle accidents result in the death of one or more riders who were properly wearing an approved helmet. This statistic can be explained in part by the fact that more riders wear helmets than not, especially in Maryland since the passage of the helmet law.

Multi-Vehicle Accidents Involving Motorcyclists

November 4, 2016 | Lebowitz & Mzhen

When an collision between two vehicles occurs, those in the immediate vicinity of the accident may have a difficult time avoiding the effects of the accident. These multi-vehicle crashes, or chain-reaction accidents, have a capability to inflict massive damage and threaten the lives of all involved. This is especially true regarding motorcyclists, who, due to the nature of their vehicles, have less protection and may require additional distance to come to a complete and controlled stop.

That being the case, a motorcyclist who is unable to avoid a collision is not necessarily at fault for his inability to do so. Neither is a motorcyclist to blame for the injuries they sustained in an accident, even if the injuries would not have been as severe had the motorcyclist been driving a car or a truck. Instead, courts will look at whether the motorcyclist did anything to cause the accident. If it is determined that the motorcyclist was merely a victim and did not contribute to the accident, the motorcyclist or their surviving family members may be entitled to monetary compensation from the at-fault driver or drivers.

Wrongful Death Lawsuits Following Fatal Motorcycle Accidents

October 27, 2016 | Lebowitz & Mzhen

Motorcycle accidents are an unfortunate reality in Maryland and the surrounding area. With the many busy highways and winding country roads across the state, it is inevitable that motorcycles – like other vehicles on the road – will be involved in serious accidents. Sadly, these motorcycle accidents often result in the death of those aboard the motorcycle, both drivers and passengers. Too often, these accidents are preventable.

Drivers of cars and trucks are responsible for the majority of motorcycle accidents. Whether it is failing to notice a motorcycle traveling next to them or misjudging the speed at which an oncoming motorcycle is approaching, a lapse in judgment or a momentary distraction can result in a driver causing a fatal motorcycle accident. When this occurs, the surviving loved ones in the wake of the accident are left grieving.

In Maryland, those who have lost a loved one in a motorcycle accident may choose to file a wrongful death lawsuit against the parties they believe are responsible for the death of their loved one. These lawsuits must be brought by a proper party – usually a spouse, parent, or child. However, in some cases, courts will allow other relatives through blood or marriage to proceed with a wrongful death lawsuit. Once the court determines that the proper party is bringing the lawsuit, it must be established that the named defendant was responsible for the accident that caused the death of their loved one. A skilled personal injury attorney can assist family members with this task.

Determining Liability in Maryland Motorcycle Accidents

October 12, 2016 | Lebowitz & Mzhen

Motorcycle accident victims have a long road to recovery. At first, there are the physical injuries and emotional trauma that are common after most motorcycle injuries. However, even after the body and mind have healed as best they can, accident victims are often left with recurring symptoms, lingering injuries, and mounting medical bills. As a result, many motorcycle accident victims choose to file personal injury lawsuits against the party or parties responsible for causing the accident resulting in their injuries.

When a motorcycle accident victim files a personal injury lawsuit, they will need to name all potentially liable parties who may have caused or contributed to the accident. In some cases, this is an easy task. However, in other cases, especially single-vehicle accidents, determining which parties are at fault can be difficult. In some cases, the poor design of a road or a poorly maintained road can create a very dangerous situation for motorcyclists.

An experienced personal injury attorney can be of great assistance to victims when the only potentially liable parties are government entities. This is because many times government entities are protected from some personal injury lawsuits due to governmental immunity.

Drunk Driving Accidents and the Presumption of Negligence

October 6, 2016 | Lebowitz & Mzhen

Drunk drivers present a danger to all motorists on the road, but motorcyclists are likely those who are the most at risk of serious injury or death when a drunk driver gets behind the wheel. It seems that drivers of cars and trucks have a difficult enough time keeping an eye out for motorcyclists when they are sober. Add alcohol or drugs to the mix, and the chances of a serious or fatal accident skyrocket.

When a motorcycle accident is caused by a suspected drunk driver, the injured party may pursue a negligence lawsuit against the at-fault party. Thankfully, the law allows for the injured party to take a “short cut” when it comes to proving their claim against the drunk driver through the doctrine of negligence per se.

Negligence per se is a legal doctrine that has been in effect in the United States for many years. It stands for the idea that if a defendant is found to have violated a law that was in place to protect the public from a certain danger or harm, a plaintiff who suffered the kind of harm the law was designed to prevent does not need to present evidence of the defendant’s negligence at a civil trial for damages. In the drunk driving context, this means that if a driver causes a serious or fatal motorcycle accident, and he was drunk at the time, the injured party doesn’t need to prove that the drunk driver was legally negligent. This may seem obvious, but the doctrine of negligence per se can make establishing liability in a case much easier and faster.

Wrongful Death Lawsuits Following Fatal Maryland Motorcycle Accidents

September 29, 2016 | Lebowitz & Mzhen

Whenever a driver’s negligence causes a fatal motorcycle accident, the surviving family of the deceased may wish to pursue financial compensation for the loss of their loved one. In Maryland, this is done through a wrongful death lawsuit.

Wrongful death lawsuits in Maryland must meet several criteria before a party is entitled to financial recovery. First, the potential plaintiff must establish that they are the proper party to bring the lawsuit. In Maryland, the law requires that a “primary beneficiary” bring the lawsuit, if one exists. A primary beneficiary is defined as a spouse, parent, or child of the deceased. If there is no living primary beneficiary, a “secondary beneficiary” may be able to file the lawsuit. A secondary beneficiary is anyone related to the deceased by blood or marriage who relied on the deceased for financial support.

Once a party has established they are the proper plaintiff, they must prove the elements of a wrongful death claim. Essentially, the plaintiff must show that the defendant owed some duty of care to the deceased and that the defendant’s violation of that duty resulted in their death. In most motorcycle accident cases, the duty owed to the deceased is easily established because all motorists owe a duty of care to those with whom they share the road. However, the remaining elements of a wrongful death case must still be proven.

Driver and Passenger Involved in Fatal Motorcycle Crash Apprehended After Attempting to Flee the Scene on Foot

September 8, 2016 | Lebowitz & Mzhen

The driver of a vehicle who was apparently responsible for causing a fatal motorcycle accident in the city of Detroit last month was arrested approximately one mile from the scene of the crash after abandoning the car he had been driving and attempting to flee on foot. According to a local news report discussing the crash, authorities arrested two young men who admitted their involvement in the crash about an hour after the accident occurred. It was not made clear in the article why the men fled the scene of the crash or if alcohol or drugs were involved, although the accident remains under investigation.

The Motorcyclist Was Struck by a Vehicle Traveling on the Wrong Side of the Road

According to the news report, the accident occurred during the early morning hours of August 24, when the motorcyclist was traveling westbound on a city street and was struck by a sedan traveling the wrong way in the westbound lanes. When authorities arrived on the scene, both vehicles were damaged in the middle of the road, and the motorcyclist was found nearby. The motorcyclist was declared dead immediately, and the driver of the other vehicle had left the scene on foot, although he was later found by authorities.

Responsibility for Hit-and-Run Accidents When a Negligent Driver is Not Found

Since the driver of the vehicle who appears to have caused the fatal motorcycle accident last month was located shortly after the crash, the family of the deceased victim may be able to receive compensation for their loss by making a wrongful death claim against the driver and the insurance company providing liability coverage for the car. In some cases, the responsible party in a hit-and-run accident cannot be located, and accident victims may have difficulty obtaining compensation for their expenses and loss related to a motorcycle accident.

Motorcyclist Killed after Tow Truck Swerves into Oncoming Traffic

July 29, 2016 | Lebowitz & Mzhen

A recently published news report discusses the tragic death of an Illinois man after a tow truck allegedly swerved into his lane of travel head-on, forcing the motorcyclist to lay down his bike to avoid a collision with the truck. Although the man operating the motorcycle was tragically killed in the incident, a passenger who was on the back of his bike survived the crash, likely as a result of the motorcyclist’s quick decision to avoid a high-speed, head-on collision with the truck. According to the article, another motorcyclist who was accompanying the deceased man on the ride also was forced to lay his bike down to avoid colliding with the truck, although this second biker survived the incident with mild injuries.

The Tow Truck Driver Failed to Stop After the Fatal Crash

According to the friends with the deceased man at the time of the accident, the two motorcycles were traveling side by side on a two-lane undivided highway in Montgomery County, Illinois, when a tow truck and a vehicle it was towing approached the group in the opposite lane of travel and crossed over the center line into their direct path. The bikers were then forced to intentionally crash and dismount from the motorcycles to avoid the near-certain death that would result from crashing head-on into such a large vehicle. According to the news report, the driver of the tow truck failed to stop after the fatal accident. Authorities continue to seek the driver of a black roll-back tow truck with orange and yellow lettering in connection with the crash.

Alcohol Is a Major Factor in Many Fatal Maryland Motorcycle Accidents

July 15, 2016 | Lebowitz & Mzhen

Serious and fatal motorcycle accidents have a number of potential causes. In some cases, it is the motorcyclist who is at fault for driving recklessly, or operating the bike without the proper level of experience. However, these accidents are far less common than most would believe from reading the news media, which seems to imply that most motorcycle accidents are the fault of the motorcyclist. However, that is simply not the case.

Causes of Motorcycle Accidents

Single-vehicle motorcycle accidents account for just one-third of the total of all motorcycle accidents. Of these, it is true that operator error is listed as a potential cause about 65% of the time. However, the vast majority of motorcycle accidents involve at least one other vehicle. Of those accidents, just one-third involve motorcyclist error as a potential cause. In fact, the most common cause of all motorcycle accidents is the other driver’s failure to see the motorcycle. Of course, there can be many reasons for this, including that the other vehicle’s operator is under the influence of drugs or alcohol. The determination of fault has nothing to do with the fact that a serious motorcycle accident can have irreversible effects on a family.

Motorcyclist Liability to Passengers

Even when it has been determined that a motorcyclist was in fact at fault in a motorcycle accident, the operator, as well as their passenger, may be able to recover for their injuries through the driver’s insurance coverage. In cases where a motorcyclist causes a serious accident that injures a passenger, the passenger may be entitled to monetary compensation through the driver’s insurance policy. Indeed, this is the very reason that insurance coverage is mandatory in Maryland.

Court Declines to Apply Governmental Immunity in Motorcycle Accident Case When Evidence Presented Showed a Breach of a Ministerial Duty

June 27, 2016 | Lebowitz & Mzhen

Earlier this month, a Mississippi court issued an opinion in a motorcycle accident case brought by the estate of a man who died when he inadvertently entered a construction zone and crashed his motorcycle. In the case, Mississippi Transportation Commission v. Adams, the court made its ruling based on the governmental immunity that state, federal, and municipal governments enjoy when engaging in the discretionary functions of running a government. However, in this case, the court declined to extend the immunity to protect the government because the activity at issue — covering the white lines used to guide motorists — is “ministerial” in nature rather than “discretionary.”

The Facts of the Case

Adams was riding his motorcycle on a Mississippi highway when he accidentally entered a construction zone. Once in the construction zone, Adams attempted to exit safely, but as he tried to do so, his motorcycle hit an uneven surface, and he lost control. He was ejected from his motorcycle and was then struck by two passing vehicles. He died as a result of his injuries.

His wife filed a lawsuit against the government, claiming that the traffic control devices, including the white lines used to guide motorists on the highway, were not effective in preventing motorists from entering the dangerous construction zone.