Fatal Motorcycle Accidents

Accidents Caused by Motorists Pulling in Front of a Motorcyclist

April 12, 2016 | Lebowitz & Mzhen

While there are many different types of motorcycle accidents, one of the more common types is when a motorist misjudges the speed at which a motorcyclist is traveling and cuts off the motorcyclist, leaving the rider little choice but to jump off the bike or crash into the other vehicle. These accidents are often incorrectly labeled “rear-end” accidents by the media and police, since that would imply that the motorcyclist was at fault.

Whenever a driver is rear-ended, there is a presumption, rightly or wrongly, that the driver who crashed into the rear of the other vehicle was at fault for the collision. Indeed, many times this is the case. However, in motorcycle accidents, there is often more to the story.

Due to a motorcycle’s slim profile and most drivers’ lack of experience sharing the road with motorcycles, many motorists have a difficult time gauging the speed at which motorcyclists are traveling. This can cause a driver to pull out in front of a motorcycle without leaving the motorcyclist adequate time to slow down. In these cases, it is likely the motorist rather than the motorcyclist who is at fault for the accident. Of course, if the motorcyclist is speeding at the time, that can complicate matters because then the motorcyclist will have lost the right-of-way.

Can a Motorcyclist’s Failure to Wear a Helmet Prevent a Successful Lawsuit?

March 11, 2016 | Lebowitz & Mzhen

Motorcyclists should always take all precautions against getting seriously injured or killed while riding. However, the question often arises: if a motorcyclist is not wearing a helmet and is in an accident caused by another motorist, can they still recover compensation for their injuries? The answer, as with many questions in the law, is “it depends.”

While it is not possible that a motorcyclist will be completely prevented from filing a lawsuit because he or she was not wearing a helmet at the time of the accident, there is a possibility that the defendant in the lawsuit will argue that the plaintiff’s failure to wear a helmet should come into play at some point in the litigation.

Generally speaking, a victim of a motorcycle accident may seek compensation for their injuries through a negligence lawsuit. In any negligence lawsuit, the plaintiff must prove four elements. These are duty, breach, causation, and damages.

Aggressive Driving and Maryland Motorcycle Accidents

February 4, 2016 | Lebowitz & Mzhen

The position of a motorcyclist on a Maryland highway is often a precarious one. With cars traveling at high rates of speed, switching lanes with only a moment’s notice, and coming to quick stops in the face of approaching traffic, motorcyclists are presented with their fair share of dangers. However, few things are more dangerous to a motorcyclist than an aggressive driver.

In fact, aggressive driving is one of the leading causes of fatal Maryland motorcycle accidents. Aggressive driving can take many forms, including:

Speeding;
Quickly changing lanes;
Swerving in and out of lanes;
Failing to signal when making a turn;
Making illegal turns;
Failing to yield the right-of-way;
Making obscene gestures;
Excessively using the horn; and
Making verbal threats.

Motorcycle Accidents Caused by Poor Road Conditions

January 28, 2016 | Lebowitz & Mzhen

Motorcycle accidents have a variety of causes, ranging from drunk or distracted drivers in cars or trucks to speeding motorcyclists and dangerous roadways. All too often, the motorcyclist himself is seen as the at-fault party, especially in single-vehicle motorcycle accidents. However, that is a gross oversimplification, and while there certainly are irresponsible motorcyclists who cause accidents that result in their injuries, most motorcycle accidents require a deeper look to determine what is going on.

One instance in which a single-vehicle motorcycle accident may not be the fault of the motorcyclist is when the accident is caused by poor road conditions. This may mean that a construction crew didn’t adequately clean up the road and left debris that is dangerous to motorcyclists. It could also be that the roadway was not repaired after a particularly harsh winter that caused cracks in the roadway to expand and become dangerous to riders. In any event, the city or county government that is in charge of maintaining the roadway may be held liable in some circumstances when an accident is caused by a failure to maintain the roadway.

These claims differ from those alleging that the road is dangerous due to a flawed design. Those claims are less often successful because the government’s immunity to tort lawsuits attaches as long as the government agency properly researched the design of the road.

The Importance of an Independent and In-Depth Investigation after a Motorcycle Accident

January 7, 2016 | Lebowitz & Mzhen

After a serious or fatal motorcycle accident, the road to recovery is a long one. The victim or the victim’s family will likely have to deal with the emotional impact of the accident as well as having substantial medical costs to recoup. This is normally done through a negligence lawsuit brought against one or more of the other parties involved. However, in order to be successful in such a lawsuit, the victim or their family must show that the defendant was legally at fault for the accident.

In some cases, a police investigation is sufficient to determine who caused the accident. For example, in cases involving a drunk driver who causes a motorcycle accident, the police will likely criminally charge the drunk driver. The accident victim can then benefit from the investigative work of the police department and use the department’s findings to further their own case. However, in some cases, a police investigation is not all that fruitful.

On occasion, an investigating police department will not file criminal charges because they believe the accident to be one in which no single party is at fault. Unlike the example above, this does not help the injured accident victim at all. It is in these situations that an independent, third-party investigation into the accident may be warranted to determine if there was anything that the police investigators overlooked.

Failure-to-Yield Motorcycle Accidents

December 28, 2015 | Lebowitz & Mzhen

Motorcycle accidents are a scary thought. With nothing to protect the rider except a helmet, a serious or fatal injury is often the result of an accident. While there are certainly many causes of serious or fatal motorcycle accidents, one of the most common causes is another motorist’s failure to see or failure to yield the right-of-way to a motorcyclist. In fact, by some estimates, these two causes combined account for almost half of all motorcycle accidents.

The general rule is that vehicles are required to yield to those vehicles with the right-of-way. While the situations giving rise to a potential failure-to-yield accident are countless, a few of the more common scenarios are:

Intersections with one or more stop signs;
Situations that require one vehicle to merge into another lane, such as a highway on-ramp or off-ramp;
Parking lots;
Pulling out of a driveway or shopping center exit;
Any time a vehicle makes a left turn in front of a motorcycle; and
Whenever there is a posted “Yield” sign.

Wrongful Death Lawsuits Arising after Fatal Maryland Motorcycle Accidents

December 4, 2015 | Lebowitz & Mzhen

After someone is fatally injured in a motorcycle accident, the family of the deceased is often left not just emotionally distraught but also in a bad financial place. This is especially the case if there were exorbitant medical bills, or if the deceased was an income earner. A wrongful death lawsuit is a way for the aggrieved family members of a deceased accident victim to recover financially for their loss.

Wrongful death lawsuits must be brought by the proper party in order for the court to hear the case. In Maryland, the law prefers that a “primary beneficiary” bring the lawsuit. A primary beneficiary is defined as a spouse, parent, or child. However, in some cases, even a person in one of these three categories will not be eligible. For example, a parent will not be permitted to bring a wrongful death action based on the death of their child if they were criminally involved in the child’s death.

If there is no primary beneficiary available to bring the lawsuit, a secondary beneficiary can file a case. A secondary beneficiary is a person who is related to the deceased by blood or marriage and who was “substantially dependent” on the deceased. In some cases, there is substantial litigation as to whether a party qualifies as a secondary beneficiary. Once a party has proven to the court that they are a proper party, they must then prove that the defendant’s negligent, reckless, or intentional act caused the death of their loved one. This too can be complex, depending on the circumstances giving rise to the accident.

One Dead, Another Critically Injured in Left-Turn Motorcycle Accident

November 30, 2015 | Lebowitz & Mzhen

Earlier this month in Cocoa, Florida, one woman was killed and another man seriously injured when they were involved in a serious motorcycle accident. According to one local Florida news report, the accident occurred in the morning hours of Monday, November 17.

Evidently, the male was operating the motorcycle with the female on the back. As the couple attempted to make a legal left-hand turn, another driver pulled into their path. The motorcyclist was unable to avoid the collision and struck the side of the other driver’s vehicle. Both the driver and the passenger were ejected from the motorcycle. Neither of the two on the motorcycle were wearing their helmets at the time of the collision.

The man was taken to the hospital and admitted in critical condition. Sadly, his passenger, a 64-year-old Florida resident, died shortly after the accident from the injuries she sustained. Police do not believe that alcohol was a factor, but the Highway Patrol is conducting a thorough investigation into the cause of the fatal motorcycle accident.

Maryland Man Dies in Fatal Middletown Motorcycle Accident

November 12, 2015 | Lebowitz & Mzhen

Earlier this month near Middletown, a motorcyclist died when he was involved in a two-vehicle accident near the intersection of Summit Bridge Road and Old Schoolhouse Road. According to one local news source that covered the incident, the accident took place at around 1:20 in the afternoon.

Evidently, the motorcyclist was heading southbound on Summit Bridge Road, and an Acura was heading northbound on the same road, when the Acura attempted to make a left-hand turn in front of the motorcyclist. However, the driver of the Acura misjudged the amount of time he had to complete the turn and struck the motorcycle before he completed the turn. The impact from the collision caused the motorcyclist to be thrown from the bike.

The motorcyclist, who was wearing his helmet, was pronounced dead on the scene by emergency crews. The driver of the Acura stopped his car about 150 feet from the intersection and remained on the scene throughout the police investigation. He was not injured in the accident.

Motorcyclist Dies in Multi-Vehicle Chain-Reaction Accident

October 27, 2015 | Lebowitz & Mzhen

Earlier this month in Putnam County, New York, one man was killed when he was involved in a six-car pile-up on the interstate. According to one local news source, the accident occurred in the early morning hours of October 14 on Interstate 684.

Evidently, the motorcyclist was traveling on the highway when several cars in front of him were involved in an accident. The motorcyclist, without time to react, slammed into one of the cars in front of him that had slowed because of the approaching accident. Once the rider was knocked off his motorcycle, a van not far behind the motorcyclist collided with the motorcycle and the rider. The rider was taken to a nearby hospital, where he was pronounced dead.

The medical examiner listed the man’s death as an accident. Police are in the midst of an investigation to determine who was at fault in the original accident that caused the chain-reaction accident. While no one has been charged yet, that could change as the investigation wraps up.