Motorcycle Injury Accidents

Adding Additional Defendants and the Relation Back Rule in Motorcycle Accident Personal Injury Lawsuits

December 19, 2013 | Lebowitz & Mzhen

A motorcycle accident personal injury lawsuit before a West Virginia district court offers an informative overview of the requirements necessary to add additional defendants at some future time following the filing of a lawsuit.

In the case, YANCHAK v. Lindh, Dist. Court, ND W. Va. (2012) the plaintiffs, a husband and wife, filed suit in state court in July 2010 following an accident in July 2008, in which the husband who had been riding his motorcycle was hit by a car owned by the husband of the woman who collided into the plaintiff. The complaint alleged negligence on behalf of the driver wife, and a failure to exercise due care while driving the car owned by her husband.

The plaintiffs claimed that, as a result of the accident, the plaintiff suffered severe and permanent injuries, and that his wife suffered loss of consortium, as well as severe emotional distress in witnessing the injuries of her husband. The plaintiffs also claimed that defendant owner of the car had negligently entrusted his wife with the control of his automobile at the time of the accident. The defendants removed the case to federal court in November of 2010.

Federal District Court Rules on Remand to State Court Following Successful Joinder of Defendant’s Employer in Respondeat Superior Claim Arising out of Motorcycle Accident

December 12, 2013 | Lebowitz & Mzhen

A federal court in New Mexico recently reached a decision in a motorcycle accident case that dealt with the complicated issues of fraudulent joinder and the theory of respondeat superior in determining the proper venue for the personal injury lawsuit.

In the case, PACELY v. Lockett, Dist. Court, D. NM (2013), the plaintiff filed a complaint for personal injuries sustained when he was involved in an accident with the defendant.

The plaintiff, who was riding a motorcycle at the time, had stopped his motorcycle in the median, in order to wait for other riders. The defendant then reportedly came from behind the plaintiff at a high rate of speed in his Porsche, and struck the rear of the plaintiff’s motorcycle. As a result, the plaintiff’s vehicle was totaled, and he suffered severe injuries, which included the loss of his left leg above the knee, the loss of his right leg below the knee, and he was in a coma for a sustained period of time.

The Importance of Testifying at Your Motorcycle Accident Trial

December 5, 2013 | Lebowitz & Mzhen

The United States Court of Appeals for the Fourth Circuit, which is the same court to which Maryland’s federal cases are appealed, affirmed a case over the summer whereby the plantiff essentially lost at trial due to the decision not to testify.

In the case, Scott v. WATSONTOWN TRUCKING CO. INC., Ct. App. 4th Cir. (2013), the court recants a somewhat unusual series of events regarding trial strategy and anticipation regarding testimony.

The lawsuit arose out of a collision whereby a truck driver employed by the Watsontown Trucking Company struck a motorcyclist with his tractor trailer while he was making a left turn. The motorcyclist suffered personal injuries as a result, and he filed suit in federal court, alleging negligence. According to the overview in the appellate case, the issue at trial came down to whether the truck driver had a green light when he made the turn, and if not, whether the motorcyclist was contributorily negligent.

U.S. Court of Appeals Decision in Motorcycle Accident Case Affirms Importance of Not Making Statements of Fault Following Accidents

November 24, 2013 | Lebowitz & Mzhen

The U.S. Court of Appeals for the 7th Circuit recently handed down a decision reenforcing the importance of not making statements regarding fault following motorcycle accidents. In the case, Jordan v. Binns, et al. U.S. Ct. App. 7th Cir. (2013) case no. 11-2134, a woman who lost both of her legs in a motorcycle accident appealed a jury verdict finding that she was responsible for causing the collision, not the other driver.

The accident occurred when the motorcyclist was traveling on an interstate, and collided with a tractor-trailer while coming around a turn. The driver of the tractor trailer was driving in the center lane through a right hand curve. The motorcyclist, who had been riding in the right lane was thrown to the pavement, and as a result lost both of her legs at the knees.

According to the driver of the tractor-trailer, he ran up to the motorcyclist following the collision, and in between screams, she repeatedly said that the accident was her fault. She reportedly said the same thing to her husband, who arrived shortly after the accident, and spoke with state police. A state police officer quoted both the driver of the truck and the woman’s husband in his report regarding her admission of responsibility for the accident. An insurance adjuster had a similar report.

Westminster Man Seriously Injured in Route 140 Motorcycle Accident

November 18, 2013 | Lebowitz & Mzhen

A 26 year old Westminster man was flown to the University of Maryland Shock Trauma Center earlier this week, following after an accident on Route 140 near the Baltimore County line.

According to Maryland State Police, both vehicles involved in the collision, including a motorcycle and a pickup truck, were traveling south on Route 104 at 5:26 p.m., when the motorcyclist lost control of his bike and veered into the pickup’s lane, which he collided into and was thrown from his motorcycle.

The motorcyclist was flown to Shock Trauma in serious condition, with multiple injuries. The driver of the pickup truck and his passenger were transported to a local hospital for treatment of non-life threatening injuries. Police stated that alcohol was not a factor in the collision, and an investigation is ongoing.

Multiple Motorcycle Injury on Route 18 in Grasonville

August 14, 2013 | Lebowitz & Mzhen

Maryland State Police are in the process of investigating a multiple vehicle crash that happened earlier this month following a large party involving a number of motorcycle clubs.

The accident occurred at approximately 2:30 a.m. on Route 18 at Slippery Hill Road in Grasonville.

Police said that one 54 year old man was riding eastbound on Route 18 when a saddle bag on his motorcycle came loose. The man then reportedly stopped in the roadway to fix the malfunction, which caused an issue for several other nearby motorcycle riders. It remains unclear whether additional riders or motorists were involved in the collision.

Motorcyclist Remains Hospitalized Following Rising Sun Accident

July 26, 2013 | Lebowitz & Mzhen

A Cecil County Sheriff’s Office Spokesman said in a statement that a Havre de Grace man remains hospitalized almost a week after he was involved in a collision with another motorcyclist in Rising Sun earlier this month.

According to authorities, both men were riding Harley-Davidson motorcycles together on Connelly Road near Ragan Road, headed south toward Route 1, when the accident occurred. It has since been determined that the pair was attempting to pass another vehicle and then come back together. However, the critically injured man lost control of his motorcycle while attempting to return into the lane. This caused him to travel onto the shoulder, and then crash into the other motorcycle.

The 56 year old man was flown in critical condition to the Maryland Shock Trauma Center in Baltimore. The other motorcyclist was transported to a different hospital for treatment of non-life threatening injuries. The other motorcyclist’s current condition was not readily available at the time of the update.

The section where the men were travelling is reportedly a no-passing zone.

Investigators are trying to determine if speed was a factor in the crash. Alcohol was not believed to be involved.

Baltimore Radio Personality’s Motorcycle Accident Injuries Demonstrate Vulnerability of Riders

June 11, 2013 | Lebowitz & Mzhen

Popular Baltimore area radio show host Ed Norris was able to return to work this week, nearly two months after he was injured in a motorcycle accident in northern Harford County.

On April 24, Norris was riding his Victory motorcycle north on Route 1 when, according to the Maryland State Police accident report, a GMC box truck made a left turn into Route 1 from Route 161 and straight into the path of Norris and his motorcycle.

According to the report, Norris laid his motorcycle down onto the pavement in order to avoid hitting the truck. Thus, while there was no collision of the two vehicles, Norris suffered abrasions and a severe injury to his arm and shoulder, which subsequently required extensive surgery. He continues to suffer severely limited mobility of his injured arm, and is undergoing continued therapies.

The driver of the box truck pleaded guilty of failing to yield to the right of way earlier this month. The court record indicated that he did not contribute to an accident, although it fined him $110.

Car Driver’s Failure to Yield Sends Motorcyclist to Shock Trauma in Critical Condition

May 29, 2013 | Lebowitz & Mzhen

According to police, earlier this month, a car and motorcycle collision sent the driver of the motorcycle to Shock Trauma in critical condition.

The accident, which occurred on May 12 just after 2:30 in the afternoon, happened on Frederick Road, just east of St. John’s Lane in Ellicott City.

According to police, the driver of a vehicle was attempting to exit a parking lot when he pulled out into oncoming traffic, into the path of another man travelling on a Harley Davidson motorcycle. The motorcyclist then collided with the left front corner of the car, causing him serious injuries, which required transportation to Shock Trauma. The driver of the car and his passenger did not suffer any injuries.

While the investigation is ongoing, police revealed that a preliminary investigation found that the driver of the car’s failure to yield the right of way was the primary cause of the accident.

Will Warmer Weather Prompt Renewed Illegal Dirt Bike Activities in Baltimore and Other Maryland Cities

March 31, 2013 | Lebowitz & Mzhen

Spring has arrived, and though it could be a little early for every motorcycle rider to dust off his mount, the warmer days are on their way. But from a public safety standpoint, we can’t help but wonder if we will be looking at some more passenger car-bike and truck-motorcycle accidents as the season progresses. Most anyone who follows the news here in Baltimore and other urban areas has heard for the potentially dangerous groups of dirt bike riders playing havoc with motorists and others in town.

As Maryland personal injury lawyers, I and my legal staff have helped bikers injured in bad traffic collisions. A serious roadway collision can turn out to be a life-threatening event for almost anyone, but for motorcyclists the risks can be even greater. And, while most conscientious riders obey our traffic laws and respect other motorists’ rights as well, there are bad apples among them.

As we write this, we are thinking specifically about the dangerous trend of urban dirt bike riding by mostly unlicensed and, some would say, reckless youth. While not involving the more thoughtful riders out there, this trend has continued much to local police departments’ dismay. Based on a news article published not long ago, we have to ask ourselves if Baltimore and other areas of the state are in for another round of dangerous dirt bike riding exploits.