Maryland Motorcycle Accident Lawyer Blog

Is Evidence of a Motorcyclist’s Failure to Wear a Helmet Admissible as Evidence of His Own Negligence?

September 27, 2018 | Lebowitz & Mzhen

Under Maryland’s contributory negligence law, only those accident victims who are completely free of fault are able to recover for their injuries. This strict law, which is not applied by the majority of states, precludes many Maryland motorcycle accident victims from recovering for the injuries they’ve sustained. Thus, in a motorcycle accident case against an allegedly negligent driver, the focus is not just on the defendant’s conduct, but also on the plaintiff’s.

Of course, some motorcycle accidents cannot be avoided by even the most attentive and skilled riders. Thus, an accident victim cannot be faulted for failing to avoid an imminent collision caused by another’s negligence; otherwise, no Maryland motorcycle accident would ever be able to recover for their injuries. Courts will usually look to the plaintiff’s conduct leading up to the accident to determine whether the plaintiff bears any responsibility in bringing about the accident.

Courts may also consider a plaintiff’s failure to mitigate damages. For example, if a plaintiff is injured in an accident and is told that she needs a certain surgery but does not get the surgery, the defendant may not be liable for the injuries caused by the plaintiff’s failure to get the required surgery. In other words, a plaintiff’s post-accident conduct can also be relevant to the availability of damages.

Recent Accident Results in First Scooter-Share Fatality

September 20, 2018 | Lebowitz & Mzhen

Not long ago, this blog discussed the growing popularity of scooter-share companies across major U.S. cities. A scooter-share is a city-wide system where customers can rent motorized scooters on a short-term basis, and drop the scooters off at any of the scooter stations across the city.

The scooter-share companies experienced some significant pushback when expanding into new cities based on the fear that the presence of a scooter-share would result in roadways and sidewalks being more crowded with inexperienced riders. Notwithstanding these concerns, Dallas, Texas recently approved a scooter-share program proposed by the company, Lime.

Unfortunately, Dallas just recently suffered its first fatal accident involving the scooter-share program. According to a recent news report, the scooter’s rider was killed in what at this point seems to have been an accident of unknown cause. An incident of this nature is relevant to Maryland scooter accident victims as scooter-shares become increasingly popular throughout the nation.

The Dangers of All-Terrain Vehicles in Maryland and Nationwide

September 13, 2018 | Lebowitz & Mzhen

Off-road vehicles, including dirt bikes and all-terrain vehicles, can be a great activity for most of the year, making them a common hobby in Maryland. However, off-road vehicles also pose a serious danger to riders, passengers, and pedestrians alike.

As is the case with those who operate vehicles on the road, the operators of off-road vehicles must take certain precautions to avoid causing a Maryland ATV accident. This includes operating the vehicle in a responsible manner, following common etiquette when off-road, and remaining free from the effects of drugs and alcohol while operating the vehicle.

When an ATV accident does occur, there may be multiple parties who are liable to those injured in the accident. This may include the owner of the land where the injury occurred, another driver who caused the accident, or the manufacturer of a faulty or defective part.

Determining Liability in Maryland Bicycle Accidents

September 6, 2018 | Lebowitz & Mzhen

Each accident is different, and when it comes to determining which party was responsible for causing a Maryland bicycle accident, courts consider a number of factors. Of course, accidents involving drunk driving, or other violations of the traffic law, make determining fault easier; however, even in these situations the accident victim may encounter a difficult time recovering financial compensation for their injuries.

The reason Maryland bicycle accident victims may have a difficult time is due to the state’s contributory negligence rule. Under Maryland law, anyone who is even the slightest bit at fault for causing the accident that resulted in their injuries is precluded by law from recovering from any other party involved in the accident.

Most other states employ a much more victim-friendly approach, under which a partially at-fault accident victim can be awarded damages for their injuries, but the amount of damages awarded will be reduced by their own percentage of fault. Under Maryland law, however, even a bicycle accident victim who is determined to be just five percent at fault will be precluded from obtaining compensation for their injuries.

Can a Motorcycle Passenger Hold a Driver Liable for Injuries in a Maryland Motorcycle Accident?

August 30, 2018 | Lebowitz & Mzhen

Most Maryland motorcycle accidents involve only one person on the motorcycle because, while motorcycles are designed to carry a single passenger, they are more commonly operated by the driver alone. However, each year, there are hundreds of motorcycle accidents in which there is a passenger on the bike who is injured in the accident. In single-vehicle accidents or accidents in which the motorcyclist was at fault, the accident victim may look to the driver of the motorcycle for compensation for their injuries.

A motorcycle passenger can file a personal injury lawsuit against the driver based on the driver’s violation of the duty he owed to the passenger. All drivers owe a duty of care to those whom they share the road with, and this includes passengers. When a driver’s negligence causes an accident, they can be held liable for any injuries that were caused as a result.

In most of these cases, the at-fault driver’s insurance company will be responsible for the accident victim’s injuries. Of course, dealing with an insurance company following a serious motorcycle accident can be difficult, especially when the insurance company denies the claim or refuses to engage in meaningful settlement negotiations. In these situations, a Maryland personal injury attorney can assist accident victims in obtaining fair compensation for their injuries.

The Importance of Conducting a Thorough Investigation Following a Maryland Motorcycle Accident

August 24, 2018 | Lebowitz & Mzhen

When it comes to determining who was at fault in a Maryland motorcycle accident, the task is not always a simple one. While some motorcycle accidents involve only two vehicles and what happened in the moments leading up to the collision can be readily determined by surveying the scene, other accidents present a more complex scenario.

Law enforcement gets the first crack at investigating an accident. For the most part, law enforcement officials are concerned with determining who was at fault and whether that party’s conduct that gave rise to the accident constituted criminal behavior. And while a law enforcement investigation is important in a subsequent personal injury lawsuit filed by the injured party, it may not be sufficient in some cases.

Law enforcement investigators can also make mistakes, or may change their opinion of what caused the accident as new information comes in. For example, investigators changed their theory of how an accident occurred while investigating a recent motorcycle accident. According to a local news report, a motorcyclist was killed when he struck a turning semi-truck. A semi-truck cut in front of the motorcyclist, and the motorcyclist was unable to avoid the collision. The motorcyclist struck the side of the semi-truck, causing the driver to be ejected from the bike. He was pronounced dead at the scene of the accident.

Maryland Bicycle Accidents Injure Hundreds of Children Per Year

August 14, 2018 | Lebowitz & Mzhen

Just as learning how to ride a bike is one of the most memorable milestones in any child’s life, it is also seen as a parental rite of passage. And while one of the most important aspects of teaching a child to ride a bike is imparting the importance of bicycle safety, some accidents cannot be avoided.In fact, Maryland bicycle accidents injure, on average, about 67,000 riders per year and result in over 700 fatalities annually. Studies have shown that child riders account for a significant number of both the fatal and the non-fatal bicycle accidents. Most of these accidents occur close to the child’s home, often on their own street.

Motorists have a duty to avoid causing a bicycle accident. This includes following all traffic laws, paying attention to the road in front of them, and yielding to bicyclists when appropriate. When a motorist causes a bicycle accident, they may be held liable for any injuries that occur as a result of their negligence.

Maryland Motorcycle Accidents Caused by Improper Passing and Lane Changes

August 7, 2018 | Lebowitz & Mzhen

Each year, about 60 people are killed in Maryland motorcycle accidents. Improper lane changes, including passing another motorist where it is prohibited or unsafe to do so, account for a large number of these fatal accidents.

A motorist may make an improper lane change for a number of reasons. The most common types of improper lane changes are illegal passing and changing lanes without signaling. In each of these cases, other motorists are put in serious danger. While most of the time, those who make an improper lane change do not end up causing a serious accident, when an accident does occur, the motorist can be held liable for any resulting injuries.Recovering compensation in a Maryland motorcycle accident lawsuit is much like any other personal injury lawsuit. However, motorcycle accident victims often encounter a difficulty that the drivers of other vehicles do not: the stigma that is associated with riding a motorcycle. When people hear about a motorcycle accident, they often think “I wonder how fast the motorcyclist was going?” as though the default is that the motorcyclist was somehow at fault. Of course, that is not how the law views motorcycle accidents, and an experienced Maryland personal injury attorney can assist motorcycle accident victims in proving that they were a victim of another motorist’s negligence.

Safety Concerns Arise as Scooter-Shares Increase in Popularity

July 26, 2018 | Lebowitz & Mzhen

Over the past decade or so, car-shares and bike-shares have greatly increased in popularity. A car-share or bike-share allows for customers to rent a vehicle for a short period of time, typically for a commute to work, to the grocery store, or anywhere else someone may need to go. These vehicle-shares provide a good alternative to those who do not need to use a vehicle every day.

According to a recent news article, motorized scooter-shares are now also becoming more popular. However, some are concerned that as scooter-shares increase in popularity, there will be a corresponding increase in the number of scooter accidents.

Evidently, Dallas, Texas passed a series of laws allowing for scooter-share businesses to operate within city limits. The electric scooters that will be available to rent will be able to travel up to 15 miles after the user pays a small fee. Additionally, the scooters will be only able to travel up to 35 miles per hours. The scooters will also be routinely inspected to ensure that they are safe for users.

George Clooney Injured in a Serious Scooter Accident

July 19, 2018 | Lebowitz & Mzhen

Motor scooters are a good alternative for many commuters, especially those who do not need to take the highway to get to work. Motor scooters are more fuel-efficient than most motorcycles, and because they are not capable of traveling at fast speeds, they are also generally seen as a safer alternative. However, Maryland scooter accidents are still a serious risk for those who choose to commute by scooter.

Earlier this month, actor George Clooney was injured in a motor scooter accident on the Italian island of Sardinia. According to a recent news report, Clooney was in Sardinia filming a new adaptation of the 1953 novel by Joseph Heller, Catch-22.

Evidently, Clooney was riding on the scooter alone when the driver of a Mercedes failed to yield the right-of-way and collided with the scooter. The responding police officer told reporters that after the initial collision, Clooney slammed into the windshield of the Mercedes. Pictures taken after the accident show Clooney’s scooter lying on the pavement, as well as the Mercedes’ broken windshield.