Maryland Motorcycle Accident Lawyer Blog

Recovering Financially After a Maryland Motorcycle Accident When Fault is Unclear

September 28, 2020 | Lebowitz & Mzhen

Maryland motorcycle accidents often happen in the blink of an eye. One second, it’s business as usual and the next, tragedy strikes. Because of how quickly and unexpectedly motorcycle accidents occur, it is often difficult to figure out exactly what happened—or who was at fault. For example, a recent fatal motorcycle accident leaves many questions unanswered about what exactly happened, and who is to blame.

According to a local news report covering the incident, the incident occurred just before 10 a.m. one morning, when a BMW sedan had stalled in the slow lane of a highway, specifically on the high-rise section of a bridge. The driver of the BMW left the vehicle and was walking along the bridge. A group of motorcycles came upon the BMW, and most of them changed lanes to go around it. Two of them, however, struck the car from behind. As a result, the driver of one of the motorcycles—a 34-year-old man—was tragically thrown off of the bridge and into the water below, where his body was later recovered by the U.S. Coast Guard. The driver and passenger of the second motorcycle survived but were taken to a nearby hospital with serious injuries. It is currently unknown whether drugs or alcohol were a factor in the collision.

While we know that those injured in a Maryland motorcycle accident as a result of someone else’s negligence have the ability to bring a personal injury lawsuit, it is sometimes difficult to figure out who was negligent and what caused the crash. In the case above, there are many more facts one would need to know to determine fault. Why did the driver of the BMW leave his car? Why did the BMW stall out in the first place? Was there a safer place to pull off the road? If the driver was careless in some way, that might point to him being held liable for the motorcyclist’s death. It would also be important to know the visibility on the highway leading up to the BMW, and whether or not the motorcyclists were paying close attention to the road. Why did two fail to switch lanes? Were any of them under the influence of drugs or alcohol? The answers to these questions may determine who was at fault for this tragic accident.

Maryland Motorcycle Accidents Resulting From Careless Left-Turns

September 21, 2020 | Lebowitz & Mzhen

Although drivers make left turns all the time—whether in a car, a truck, or a motorcycle—many people are not aware of how dangerous left turns can be. In fact, many Maryland motorcycle accidents are the result of someone attempting a left turn and then hitting a motorcycle that had the right-of-way. Just recently, a crash exactly like this was reported, giving a perfect example of what might happen.

According to a local news report covering the crash, a 50-year-old woman was driving an SUV and attempted to turn left. However, she violated the right-of-way of two oncoming motorcycles, resulting in a collision of all three vehicles. The drivers of the motorcycles—a 54-year-old man and a 25-year-old man—both tragically died at the scene.

There are many reasons why a driver in this situation might cause this type of accident while turning left. Perhaps the driver is intoxicated, and thus their judgment is clouded. Or, if it’s dark at night, drivers might find it hard to see motorcycles and assume that if they do not see a car coming then the path is clear. Drivers also could make risky moves like this if they are distracted while driving—by their phone, or by someone in the backseat—or if they have been driving many hours and are feeling fatigued. Whatever the reason, drivers who are at fault in causing accidents such as these can be held liable through a personal injury lawsuit.

When a Family Loses a Loved One in a Maryland Motorcycle Accident, Criminal Charges May Not Be Enough

September 15, 2020 | Lebowitz & Mzhen

Maryland motorcyclists generally understand the importance of being safe and careful on the road to avoid getting into an accident. Because motorcyclists have less protection than those driving other vehicles, getting in an Maryland motorcycle accident can be incredibly dangerous, leading to serious injuries or even death.

Accidents can be caused by many different things, but one common cause is drivers in cars or trucks driving under the influence of alcohol or drugs and then crashing into a motorcyclist. While intoxicated, drivers may not see the motorcyclist, or may mid-judge how far away they are and how fast they are going, causing sometimes fatal accidents.

For example, take an accident from earlier this month. According to a local news report, the accident occurred around 8:30 one night, with a motorcyclist going west and a Chevy Camero going east on the same road. The Chevy Camero, driven by a 51-year-old woman apparently intoxicated from drinking alcohol before driving, made a left turn into the motorcyclist’s path, causing a crash. Tragically, the motorcyclist was pronounced dead at the scene by the responding officials. The driver was brought to the hospital to receive medical care for her injuries. The next day, she was arrested on numerous charges, including vehicular homicide, driving under the influence, and careless driving resulting in death.

How a Family Can Pursue Financial Compensation Following a Fatal Maryland Motorcycle Accident

September 8, 2020 | Lebowitz & Mzhen

Maryland motorcycle accidents are incredibly dangerous. Unlike cars, which provide a significant barrier between other vehicles and the bodies of the drivers and passengers and have safety features such as automatic braking and airbags, motorcycles provide very little protection to riders. Motorcycle accidents also tend to occur at higher speeds, and almost always result in the motorcyclist being thrown off the bike. These are a few of the reasons that motorcycle accidents so often result in serious injuries and fatalities.

Recently, a tragic motorcycle accident resulted in the death of a 31-year-old woman. Not much is known about why the accident occurred, but according to a local news report the motorcycle was being driven by a 35-year-old man when it crashed around 2 a.m. The passenger on the motorcycle was killed as a result, and the driver also suffered injuries. The driver walked away from the scene of the accident, however, leaving his deceased passenger and wrecked motorcycle behind. State troopers and county sheriff’s deputies searched all night for the driver, finally locating him around 8:30 a.m. in a convenience store. The crash is currently under investigation, and it is not clear whether or not charges will be filed against the driver.

This accident is a tragic illustration of how fatal motorcycle accidents can be. Every year, many Maryland residents lose loved ones in accidents like this, causing pain and heartbreak. While nothing can undo the damage that is done in these crashes, or bring the deceased back to life, Maryland state law has developed a doctrine to allow grieving family members to hold whoever caused their loved one’s death responsible in court. By filing a wrongful death lawsuit, the family can recover financially to cover things such as funeral and burial expenses, lost wages, pain and suffering, and medical bills.

Another Fatal Accident Sheds Light onto the Tragic Consequences of Maryland Motorcycle Accidents

August 27, 2020 | Lebowitz & Mzhen

Another fatal motorcycle accident claimed a 41-year-old man’s life last week, yet another sobering reminder of the irreparable harm that Maryland motorcycle accidents can cause. According to a local news report, the motorcycle accident occurred a little after 5 PM on a Wednesday evening. Evidently, the motorcyclist was traveling south when a 2007 Jeep Patriot, traveling north on the same road, crossed the center line, striking the guardrail and causing a collision with the motorcycle. The incident caused both the driver and the passenger of the motorcycle to be sent to the hospital with severe injuries. The motorcycle driver, unfortunately, passed away in the hospital. Authorities say that the incident remains under investigation, and it is not clear why the Jeep crossed the center line and caused the collision. However, the driver of the Jeep was arrested at the scene for violation of a probation warrant and is currently in jail.

This case may result in criminal charges for the driver of the Jeep, who not only violated his probation warrant but also caused a deadly accident by crossing over the center line. However, this case may also lead to a civil suit. Depending on how or why the Jeep crossed over, the injured passenger and the family of the deceased driver may be entitled to financial compensation for the resulting harm. This doctrine was developed in Maryland and other states to protect accident victims who are injured as a result of someone else’s negligence. By proving that the driver violated the duty of care he owed to be a responsible driver, and, that this action caused the accident and resulting injuries, the victims may be able to recover financially from him for the costs associated with their hospitalizations and subsequent recovery.

While the money the family may receive from a civil negligence suit cannot undo the harm caused, or the pain caused by the loss of life, it can, however, provide for the victim and their families in the aftermath. Those affected by the accident are now having to deal with medical bills and will likely have future medical needs and expenses as a result as well. The deceased victim’s family also likely has funeral and burial expenses, and then there’s the economic toll that the motorcyclist’s’ lost wages can have. A wrongful death lawsuit can help to provide for a grieving and recovering family and hold the negligent driver responsible for his actions. But filing these suits can be complicated, or overwhelming, particularly right after an accident. This is why Maryland residents are encouraged to find a local personal injury attorney to help them through the process.

Maryland Motorcycle Accidents Resulting from Another Driver’s Sudden and Unpredictable Maneuvers

August 19, 2020 | Lebowitz & Mzhen

According to the Centers for Disease Control (CDC), accidents are among the leading causes of death in the United States. The Maryland Department of Transportation (MDOT) reports that their most recent data indicates that the state experienced an average of over 500 car accident-related deaths and 48,000 injuries over the most recent five-year period. Although some accidents are avoidable, the vast majority of accidents occur because of one or more parties’ negligence. Statistics indicate that these accidents are especially deadly when a motorcycle is involved.

Most Maryland motorcycle accidents involve a read-end or head-on collision, left-turn collision, low-speed crash, or hit-and-run accidents. The majority of these accidents involve a negligent motorist. The most common reasons for these accidents are speeding, driving while impaired, distracted driving, driver fatigue, weather conditions, and sudden, unsafe traffic movements, such as hasty lane changes.

Motorists who change lanes endanger motorcyclists or pedestrians, and everyone else on the road. These reckless drivers may be liable for their unsafe driving. Sudden, unsafe lane change accidents typically occur when drivers fail to pay attention to their surroundings or other vehicles. Similarly, these accidents also occur when a motorist is speeding or cutting through traffic. Further, inclement weather and unsafe road conditions may cause drivers to quickly change lanes, resulting in an accident. Finally, in some cases, sudden traffic changes may occur when a motorist is under the influence of drugs or alcohol. In any event, these accidents frequently involve motorcyclists, which are more difficult to see due to their slim profile.

Intoxicated Maryland Driver Kills Motorcyclist in Tragic Accident

August 13, 2020 | Lebowitz & Mzhen

Driving while under the influence of drugs or alcohol is always dangerous, for both the drunk driver as well as for others on the road. And, unfortunately, it can be especially dangerous for Maryland motorcyclists. Sharing the road with an intoxicated driver is never safe, but for Maryland motorcyclists, crashes can be more serious or even fatal than those in cars. Additionally, they may be more likely to be hit by intoxicated drivers in a Maryland motorcycle accident than cars or trucks, because motorcyclists take up less space and are less visible, particularly to drivers operating their vehicle under the influence at night.

There’s a reason that operating a vehicle under the influence is against the law. When driving drunk or otherwise intoxicated, a driver is less likely to be aware of their surroundings or to know what is going on. Additionally, intoxicated drivers have slower reflexes to respond to other drivers—or motorcyclists—and are also more likely to drive recklessly by not following traffic rules or speed limits. All of these things can result in incredibly serious accidents, including one that happened in Maryland last month.

According to a local news article covering the incident, a 37-year-old man from Temple Hills was driving, presumably under the influence of alcohol and marijuana, when he crossed over the yellow line on Route 54 in Nesquehoning. He hit a motorcycle driven by a 30-year-old Landford man, tragically throwing the cyclist from the motorcycle and killing him. When police arrived on the scene, they reported a strong smell of marijuana and paraphernalia in the intoxicated driver’s car.

What If an Accident Victim Is Partially at Fault for Causing a Maryland Motorcycle Accident?

August 5, 2020 | Lebowitz & Mzhen

It is often not clear who was at fault for a motor vehicle accident, which is why so many accidents lead to insurance disputes and litigation. If a plaintiff is at least partially at fault for an accident, the plaintiff’s ability to recover depends on the jurisdiction where the claim is filed. In the event a motorcycle accident claim is filed in a Maryland court of law, the case would be subject to the doctrine of contributory negligence. Under this doctrine, if a plaintiff is found to be even partially at fault in a Maryland case, the plaintiff cannot recover compensation from the defendant. Many other jurisdictions still allow a plaintiff to recover even if the plaintiff is partially to blame, and in some cases, even if the plaintiff is mostly to blame. In jurisdictions that apply the contributory negligence doctrine, such as Maryland and Virginia, the results can be very harsh for injured accident victims.

A jury in a Maryland motorcycle accident case is allowed to consider the plaintiff’s fault in addition to the defendant’s; however, the doctrine may only be considered where there is evidence of the plaintiff’s purported negligence. In addition, while the plaintiff normally has the burden to prove all elements of their case, the defendant has the burden of proving the plaintiff’s alleged negligence. Proving who was at fault in an accident requires a plaintiff to establish that the defendant owed them a duty, they breached that duty, and that the breach of the duty was the cause of the plaintiff’s injuries. The plaintiff also must prove that the defendant’s actions were sufficiently related to the injuries such that the defendant should be held liable. The General Assembly of Maryland has continued to affirm the application of contributory negligence for many years, although more recently the state has acknowledged calls for reform.

Motorcyclist Dies After Crash with Pickup Truck

A local news source reported on a fatal motorcycle crash that occurred on a recent Saturday morning. The crash, which took place at around 9:45 a.m., occurred when the motorcyclist crossed paths with a driver in a pickup truck that was hauling a boat in the opposite direction as the motorcyclist. The pickup truck driver tried to make a left-hand turn when the motorcyclist crashed into the front of the pickup truck. The motorcyclist died from his injuries at the scene of the crash. Officials reported that the motorcyclist was wearing a helmet at the time of the crash. The accident is still under investigation.

Filing a Maryland Wrongful Death Claim After a Fatal Maryland Scooter Accident

July 27, 2020 | Lebowitz & Mzhen

A wrongful death claim is a claim brought after a person’s death that was caused by a defendant’s wrongful act. Under Maryland’s Wrongful Death Act, a family member may be able to recover financial compensation due to their family member’s untimely death. A wrongful death claim is meant to compensate grieving family members, allowing them to recover for acts that would have entitled the decedent to recover compensation if they had survived.

A Maryland wrongful death claim is generally filed by a primary beneficiary. Spouses, parents, and children are considered “primary” plaintiffs under the Act. In a case where the decedent has no spouse, parent, or child, a wrongful death claim may be filed by another person who was substantially dependent upon the decedent and was related to the deceased person by blood or by marriage. These plaintiffs are considered secondary beneficiaries, which is why they can only recover if no primary beneficiary exists. Only one wrongful death claim can be filed based on the death of one decedent. Normally, the wrongful death claim must be filed within three years of the death of the decedent.

In a wrongful death case, a defendant can, and often will, argue that the decedent is partially at fault for their death. Because Maryland follows the doctrine of contributory negligence, a plaintiff may be barred from recovering altogether in a wrongful death case if the decedent is found to have been partially responsible for their death.

Important Information for Anyone Considering Filing a Wrongful Death Suit After a Maryland Motorcycle or Bicycle Accident

July 21, 2020 | Lebowitz & Mzhen

Losing a loved one in a Maryland motorcycle or bicycle accident is undeniably tragic. While many cyclists go out every day and return home safe and sound, the sad reality is that one careless mistake on the road—either by the cyclist or someone else—can lead to an immense tragedy. For example, a father and his daughter were recently killed while riding their bicycle home, according to a recent news report. The 61-year-old man had picked up his 13-year-old daughter from a friend’s house, and they were riding back home with the girl on the handlebars of the bike. As they were crossing a road, they were struck by a Dodge Dart and thrown from the bicycle. Both died from their injuries.

This case illustrates how quickly multiple lives can change when an accident occurs. While riding a bicycle or motorcycle is a popular form of transportation, it can also be dangerous—those riding may be more prone to death or serious injuries when accidents occur, because they lack the protection of a car’s exterior and are more likely to be thrown onto the road.

When tragic accidents such as the one described above occur and result in a fatality, Maryland law allows the family of the deceased to file a specific type of civil lawsuit called a wrongful death suit. A wrongful death suit seeks damages from the defendant who caused or contributed to the wrongful death of the deceased. In this case, the wrongful death suit would likely be filed against the driver of the Dodge Dart. These suits generally must prove that the defendant was negligent and breached the standard duty of care that a reasonably careful person would adhere to, thus causing the accident. In proving a case, plaintiffs may rely on evidence that the defendant failed to stop at a stop sign, ran a red light, drove while somehow distracted by their phone, or did something else careless that caused the crash.