Head-On Collisions

What Happens When a Bicyclist Is Partially at Fault in a Maryland Bike Accident?

March 6, 2018 | Lebowitz & Mzhen

While many accidents are solely the fault of one party, some Maryland bicycle accidents are results of both parties having been negligent in some way. In most states, this would not necessarily present a major problem for the bicyclist because they would be able to file a claim against the driver even if the bicyclist shared fault for the accident. However, in Maryland, accident victims who are determined to be even the slightest bit at fault for the accident resulting in their injuries are completely precluded from recovering compensation for their injuries.

If this sounds harsh, that is because it is. In fact, most states employ a more relaxed analysis when determining which accident victims can pursue a claim of compensation after an accident, called the comparative fault model. Under a pure comparative fault analysis, an accident victim can bring a lawsuit against anyone they believe to be responsible for their injuries. If the jury determines that the plaintiff is also at fault, the jury will reduce the plaintiff’s total recovery amount by their percentage of fault.

Maryland, however, employs a contributory negligence model. As stated above, under a contributory negligence analysis, if the plaintiff is found to be at all responsible for the accident, the plaintiff’s case will be dismissed. This is even the case if the plaintiff is determined to be 1% at fault.

Motorcycle Hit-and-Run Accidents on Maryland Roads

May 25, 2017 | Lebowitz & Mzhen

While all motorcycle accidents have the potential to result in serious injuries or death, hit-and-run accidents are especially dangerous. Primarily, this is because depending on the surrounding circumstances, the injured motorcyclist may be left on the side of the road with no way to contact authorities.

As a general rule, a motorist who is involved in an accident of any kind must stop after the accident and exchange information with the other motorists involved in the accident. Additionally, motorists may have a duty to ensure that anyone who was injured in the accident receives timely medical attention. Most often, this includes calling 911 to make sure that the authorities are aware of the accident and can send the appropriate medical personnel.

When a motorist is involved in an accident and fails to stop and render assistance to the other parties involved, that driver may be held liable for any injuries resulting from the accident. This may even be the case if the motorist was not the one who was solely responsible for causing the accident.

Court Determines Causation Issue Not Properly Decided in Summary Judgment Proceeding

August 5, 2015 | Lebowitz & Mzhen

Earlier last month, the Supreme Court of Oklahoma decided a case brought by the passenger of a motorcycle against another driver she claims was responsible for causing a head-on collision, resulting in her sustaining serious injuries. In the case, Fargo v. Hays-Kuehn, the issue the court had to decide was whether it was appropriate for the lower court to dismiss the case against the defendant prior to submitting the case to trial.

The Accident

Evidently, the accident involved several vehicles, all of which were heading in the same direction. Vehicle 1 was stopped on a two-lane highway, waiting to make a left turn. Vehicle 2, operated by Hays-Kuehn, quickly approached Vehicle 1 from the rear and swerved around the left of that vehicle. The testimony was that Hays-Kuehn was extremely close to Vehicle 1 as he passed it. Vehicle 3, which was traveling in the same direction directly behind Vehicle 2, was unable to see in front of Hays-Kuehn’s vehicle.

Once Hays-Kuehn passed Vehicle 1 and started to get back into the proper lane of travel, Vehicle 3 saw for the first time that there was a stopped vehicle immediately in front of them. Hoping to avoid a collision with Vehicle 1, Vehicle 3 swerved into the lane of oncoming traffic, right behind Hays-Kuehn. However, the driver of Vehicle 3 did not see that the plaintiffs were quickly approaching on a motorcycle.

Maryland Man Faces Homicide Charges for Head-On Collision with Motorcycle

April 6, 2015 | Lebowitz & Mzhen

Earlier this month, a 72-year-old Maryland man was involved in a head-on collision with a motorcycle that resulted in the death of one man and another woman being admitted to the hospital in critical condition. According to a local news report, the accident occurred near Highway 76 in Clarksville, Tennessee.

After the accident, the two people on the motorcycle were airlifted to a nearby hospital. However, the driver of the motorcycle was unable to overcome the injuries he sustained in the accident. His wife, the passenger on the motorcycle, was still in the hospital in critical condition at the time of this post.

Some of the details of the accident have yet to be released, but what is known is that the Maryland man was booked into the county jail facing charges of reckless homicide. Police are conducting a thorough investigation into the cause of the accident.