Maryland Motorcycle Accident Lawyer Blog

Maryland Cyclist Killed in Severna Park Accident, Shedding Light Onto Dangers of Maryland Bicycle Crashes

June 19, 2020 | Lebowitz & Mzhen

Last month, tragedy struck in Maryland as a 77-year-old cyclist died after crashing into a turning Jeep in Severna Park. According to a local news report covering the incident, the cyclist was riding east on Shore Road when the driver of the Jeep, a 47-year-old man, tried to turn right into his driveway. The cyclist was riding behind the Jeep and smashed into the side of it, causing severe injuries. At the scene of the crash, paramedics took the victim to Baltimore Washington Medical Center, and he was brought to the Shock Trauma Center. Unfortunately, he died shortly after. This incident sheds light on the risks bicyclists and motorcyclists face in Maryland.

Tragic incidents like this are unfortunately not all that uncommon in Maryland. Every year in Maryland, an average of 816 bicycle crashes occur per year, 80 percent of which result in injury or death. Motorcycle accidents are also far too common, with an average of 276 individuals seriously injured and 70 individuals killed in these accidents every year. One of the reasons these accidents are so concerning and damaging is because of the lack of protection around a cyclist’s body. Unlike those driving in cars or trucks, who may be protected from direct impact with another vehicle or the road, cyclists have no barrier between their bodies and the road or other vehicles. For this reason, a crash involving a bicycle or motorcycle may end up being more serious and more deadly than a crash between two cars.

Those driving bicycles and motorcycles should be sure to take precautionary steps and be as safe as possible on the road. All cyclists should wear protective gear such as helmets, which can be the difference between life and death when a crash occurs. Additionally, cyclists (as well as all drivers, regardless of the vehicle) should always drive while sober and avoid intoxicated driving, which increases the chance for injury. Lastly, cyclists should avoid swerving in and out between lanes of traffic and cars and trucks on the road. Doing so increases the chances that they may be hit while a car merges or switches lanes. Those driving cars and trucks can also do their part to reduce cyclist accidents as well. Staying vigilant and attentive while driving, to ensure that they are aware of all others on the road, can go a long way in preventing accidents and saving lives.

Maryland Bicycle Accident Victims Must Sometimes Deal with Uncooperative Defendants

June 11, 2020 | Lebowitz & Mzhen

Although bicycles are a popular form of transportation in Maryland, bike accidents can cause devastating injuries or even death. While many cyclists ride every day without getting in an accident, crashes with other negligent drivers can occur out of the blue and cause significant damage, especially since cyclists have minimal protection compared to drivers in cars or trucks. When these accidents occur, injured victims can file a personal injury lawsuit against the party responsible for the accident. This typically, although not always, is the other driver involved in the crash. To win these personal injury suits, plaintiffs usually must prove that the other driver was negligent and that their negligence led to the accident. However, sometimes defendants can be difficult and refuse to cooperate in the suit, further frustrating the plaintiff’s recovery efforts.

For example, take the recent tragic case of a 16-year-old boy who was struck and killed by a car when riding his bike in April of this year. According to local news reports covering the story, the boy was riding his bike and attempting to cross in the crosswalk when a car entered the intersection, hitting him with the front driver’s side. The cyclist hit the front of the car, rolling onto the windshield, and then fell onto the sidewalk. He died later that day.

The victim’s family seemingly wanted to file a personal injury suit against the driver, which would likely require information from the defendant stored electronically on his car—including the speed of the vehicle, brake application, seat belt use, airbag deployment, and the steering angle. Typically, in a civil lawsuit, there is a “discovery” phase where this information may come to light. However, the driver refused to allow investigators to inspect the car. Because of this refusal, the family, plaintiffs in this case, first had to file a different lawsuit demanding access to the vehicle. According to this initial suit, the information located on the car was critical to the plaintiffs’ claim and also was at risk of being destroyed or erased by the defendant. The plaintiffs also alleged that this information was especially important because there were no eyewitnesses to the accident who could testify as to what happened.

The Benefits of Filing a Wrongful Death Suit after a Fatal Maryland Motorcycle Accident

June 5, 2020 | Lebowitz & Mzhen

According to a local news report, a woman was tragically killed in a motorcycle accident as she approached an intersection where a vehicle was stopped in a turn lane. The vehicle then moved into the path of the motorcycle, which resulted in the cyclist hitting the car. When officers arrived, they found the woman on the ground in the intersection. The victim was in life-threatening condition and later passed away at the hospital. Although this incident occurred in another state, similar accidents involving motorcycles claim lives every day in Maryland. In the wake of these tragedies, Maryland law allows families to file wrongful death lawsuits against responsible parties in the accident.

These cases allow for loved ones to seek relief for their harm, and Maryland law grants independent authority for spouses, parents, and children of the deceased to bring action against those accountable for the accident. Additionally, state law dictates that if the deceased did not have a surviving spouse, child, or parent, individuals related to the deceased through blood or marriage and those who were substantially dependent on the victim may also have grounds to sue.

Wrongful death lawsuits can provide the means for families to recover significant monetary damages. In Maryland, a variety of types of damages are recoverable. Following the loss of a loved one, finances can really add up – medical expenses, funeral and burial costs, and property damage can be overwhelming and burdensome for families who are still recovering emotionally. However, wrongful death claims could assist in alleviating the burden for you and loved ones, and potential damages for pain and suffering could pave way for continued healing and recovery of those mourning the deceased.

When Can Non-Expert Witnesses Provide Opinion Testimony in Maryland Courts?

May 25, 2020 | Lebowitz & Mzhen

In a trial following a Maryland motorcycle crash, a non-expert witness is limited in the testimony they are allowed to provide in court. Non-expert witnesses, or lay witnesses, are those not testifying as experts—because they have not been qualified by the court as experts. Under Maryland Rule 5-701, a lay witness may testify in the form of an opinion or an inference only when the opinion or inference is “rationally based on the perception of the witness,” and the testimony is “helpful to a clear understanding of the witness’s testimony or the determination of a fact in issue.” A lay witness may not provide an opinion that is based upon specialized knowledge, training, or experience, because the witness must be qualified as an expert to do so. Generally, a court has significant discretion to admit lay witness or expert witness opinion.

In a recent case before a state appellate court, the court considered whether several non-expert witnesses should have been allowed to testify about the speed of a motorcycle before a crash. In that case, a motorcyclist was riding his motorcycle when he crashed with another vehicle. The motorcyclist died as a result of his injuries, and his family filed a wrongful death claim and a negligence claim against the two occupants of the other vehicle. The case went to trial and the jury found in favor of the defendants.

On appeal, the plaintiffs argued that the court should not have allowed the witnesses at trial to estimate the speed of the motorcycle. During the trial, several witnesses who heard the crash testified that just before the crash, the motorcyclist was driving fast, and was going about 80 to 100 miles per hour based on the sound of the motorcycle’s engine. A police officer who heard the crash also estimated that the motorcyclist was driving between 60 and 80 miles per hour before the crash.

Contributory Negligence in Maryland Motorcycle Accidents

May 19, 2020 | Lebowitz & Mzhen

When someone is injured or killed in a Maryland motorcycle accident, either the injury victim or their loved ones can bring a personal injury or wrongful death claim against the responsible party or parties. To establish liability, a plaintiff must prove that the defendant violated a duty of care that they owed to the accident victim, and that the defendant’s breach of that duty was the cause of the accident victim’s injury or death. This is the legal definition of negligence.

Even in situations where a defendant is negligent, the plaintiff may still run into problems pursing a claim for compensation. For example, under the Maryland doctrine of contributory negligence, an accident victim who shares responsibility in causing an accident cannot recover for their injuries. This is the case even if the accident victim is found to be just five or ten percent at fault. Maryland insurance companies routinely rely on principles of contributory negligence when looking for reasons to deny an insured’s claim. For this reason, it is crucial that accident victims or their family members work with an experienced Maryland motorcycle accident attorney who is familiar with the doctrine of contributory negligence and how to minimize any possible role an accident victim played in bringing about the accident resulting in their injuries or death.

Man Killed in Maryland Motorcycle Accident on Crain Highway

Earlier this month, one man was killed in a Maryland motorcycle accident when a minivan changed lanes, colliding with the motorcyclist. According to a local news report, both the motorcyclist and the minivan were heading southbound on Crain Highway just north of Capitol Raceway Road. As the minivan began to move over into the left-turn lane, it did not see that the motorcyclist was already occupying the lane.

Recovering After a Serious Maryland Bicycle Accident

May 13, 2020 | Lebowitz & Mzhen

Learning to ride a bicycle is a rite of passage for many children and can become a hobby that boasts health benefits as well as practical ones. However, while riding around town is a great, environmentally friendly, and cost-effective alternative to driving, there are risks involved when one rides a bicycle on or across roads. Bicyclists, even when wearing helmets and other protective gear, are vulnerable on the road, and are more likely to be severely injured if they are tragically involved in a Maryland motor vehicle accident.

Collisions between bicycles and cars are rare but not unheard of. According to the National Highway Traffic Safety Administration, pedal cyclists deaths account for about 2.1% of motor vehicle traffic fatalities. In 2017, there were 864 Maryland crashes involving bicycles, with 725 resulting in injuries and 11 resulting in at least one death.

These accidents can be extremely tragic, especially since children are a significant portion of those riding bicycles. Last month, a child riding his bicycle around his neighborhood was hit while crossing the street, resulting in serious injuries. A local news report covering the incident stated that the child had to be airlifted to two different hospitals in the aftermath to be treated for his injuries. Apparently, the driver is fully cooperating with officials, and has not been charged. The Chief of Police stated the crash was an accident.

Maryland Hoverboard Accident Victims May Be Entitled to Compensation for Injuries

May 5, 2020 | Lebowitz & Mzhen

As hoverboards have gained popularity, so have injuries related to their use. Over 26,000 children ended up in hospital emergency rooms from hoverboard injuries during a two-year period, according to research published in 2018. Over 500,000 hoverboards were recalled in 2016 after reports that batteries had burst into flames. However, while there were reports of batteries overheating and bursting into flames, falls were the most common cause of injuries. From 2015 to 2016, there were 26,854 hoverboard injuries treated in U.S. emergency departments. The highest number of injuries from hoverboard accidents occurred in 12-year-old boys. Maryland accident victims may be able to pursue compensation for hoverboard injuries where another party is at fault, including the manufacturer.

According to the research, injuries to the wrist were the most common, followed by those to the forearm and the head. Fractures occurred in 40 percent of cases. The study also found that most hoverboard injuries occurred at home. Hoverboards have a very low center of gravity, which increases the risk of falls, one emergency room physician in New York City stated. He explained that hoverboards require significant core strength to maintain balance.

Hoverboard accident victims may be able to recover damages for their injuries if another person or entity is at fault for the accident, including a negligent driver. In a negligence claim, victims have to prove that a defendant acted negligently in acting or failing to act in some way. A negligence suit must show that a defendant had a legal duty to use due care toward the plaintiff, the defendant failed to meet that duty, the plaintiff suffered damages, and the defendant’s breach of that duty resulted in the plaintiff’s damages. Plaintiffs in negligence cases may able to recover monetary compensation for medical expenses, wage losses, mental suffering, and other damages. Generally, Maryland personal injury claims must be filed within three years of the date of the injury, although the time may be shorter in some instances.

Filing a Personal Injury Claim Following a Maryland DUI Accident

April 27, 2020 | Lebowitz & Mzhen

Drunk and drugged driving accidents continue to occur despite strict laws in the state of Maryland and across the country. Driving under the influence can result in both criminal charges and civil liability. Maryland enacted the Drunk Driving Reduction Act, or Noah’s Law, which took effect in October 2016. The law mandates that an ignition interlock device be installed if anyone is convicted of driving under the influence. Even with the state’s strict laws, there were still around 7,000 crashes in 2018 involving at least one driver’s use of alcohol or drugs. Victims of DUI accidents may be able to recover compensation for their injuries and losses through a Maryland personal injury lawsuit.

A plaintiff may be able to file a negligence claim or another type of claim to recover damages stemming from the DUI crash. In a civil case, the liability of the driver must be proven by a preponderance of the evidence—a lower standard than the “beyond a reasonable doubt” standard that applies in criminal cases. In some cases, evidence from a criminal case or traffic offense can be admitted in a civil proceeding. In Maryland, if a driver pleads guilty to a criminal charge or a traffic offense in court, evidence of the plea normally can be admitted in a subsequent civil proceeding. when admissible, the evidence may be rebutted or explained by the driver. Notably, if a driver pays a traffic ticket outside of court, courts in Maryland generally will not admit evidence of the payment of the fine as an express acknowledgment of guilt.

Six-year-old Boy Hit by Suspected DUI Driver While Riding Bike

Wrongful Death Lawsuits Following Fatal Maryland Motorcycle Accidents

April 20, 2020 | Lebowitz & Mzhen

Motorcycle accidents are among the most likely to result in serious injury or death due to the lack of protection riders have while on a bike. While wearing a helmet can help to reduce the risk of injury, some accidents are so severe that even wearing a helmet won’t change the outcome. In fact, each year, approximately 69 people die as a result of Maryland motorcycle accidents.

Whenever someone gets onto a motorcycle, they are placing their lives in the hands of other motorists. While some motorcycle accidents can be avoided, many cannot, even when exercising the utmost care. Those who have lost a loved one in a Maryland motorcycle accident may be eligible for compensation for their loss through a Maryland wrongful death lawsuit.

A Maryland wrongful death lawsuit is a type of personal injury case that is intended to compensate the family members of an accident victim. In most cases, a wrongful death claim must be filed by a “primary beneficiary,” which are defined as spouses, children, and parents. If there are no primary beneficiaries available to file the claim, a secondary beneficiary can pursue a wrongful death case. Secondary beneficiaries are defined as “any person related to the deceased person by blood or marriage who was substantially dependent upon the deceased.”

The Benefits and Drawbacks of Settlement Agreements in Maryland Motorcycle Accident Cases

April 13, 2020 | Lebowitz & Mzhen

A trial may be the best way for a plaintiff to obtain compensation in a Maryland injury case. It may allow the plaintiff to recover the most compensation, particularly when a reasonable settlement is not attainable. In other cases, a settlement may be preferable. Trials can drag a case out for years, especially if the case is appealed. It can also be draining, as parties often have to relive painful and emotional moments. A settlement may also allow a plaintiff to obtain compensation faster. It also guarantees payment, as opposed to a trial, which may result in the plaintiff receiving no compensation.

Parties may be able to obtain a settlement with one or more other parties, and proceed to trial with claims against others through a class action lawsuit. For example, a class action lawsuit may be appropriate when there is some defect with a motorcycle part or helmet resulting in many riders being injured. Some settlements require that the court approve the settlement, while others depend solely on the agreement of the parties. In the case of class action lawsuits, a court must find that the plaintiffs understand the terms of the settlement and to decide whether to join in or opt-out of the settlement and that the result of the agreement is fair.

There are also limitations on settlements obtained soon after an injury. Under Maryland Code § 5-401.1, a release by an injured individual that is signed within five days of the injury is voidable for 60 days. A party that may be at fault for another person’s injury also cannot negotiate or attempt to negotiate a settlement within 15 days of the injury. If a settlement or released is obtained while an injured individual is in a hospital or sanitarium and contrary to the law, it cannot be used “for any purpose in any legal action in connection with the injury.”