Maryland Motorcycle Accident Lawyer Blog

Motorcycle Accident Plaintiff’s Case Dismissed for Failure to Comply with Discovery Requests

November 13, 2017 | Lebowitz & Mzhen

Earlier this month, an appellate court issued a written opinion in a motorcycle accident case illustrating what can happen if a party fails to comply with the pre-trial discovery process. While the decision was issued by a South Carolina court, the same principles apply in Maryland motorcycle accidents.

The case arose from a motorcycle accident that the plaintiff claimed was caused by the defendant’s negligence. After the case was filed, the parties each requested discovery from the other side. In the pre-trial discovery process, a party is able to request relevant information that it believes may be in the possession of the opposing side. Once a judge approves a discovery request, the party who has the information is required to pass it. A failure to pass the ordered discovery can result in various penalties, up to and including the dismissal of the plaintiff’s claim.

In this case, the defendant requested certain income tax documents from the plaintiff. The judge granted the defendant’s request and ordered that the documents be passed by December 17, 2015. About a year after the deadline, the defendant filed a motion to compel discovery with the court. The court granted the motion and also ordered that the plaintiff pay some of the defendant’s attorney’s fees that related to the prolonged litigation over the documentation.

Court Determines Motorcyclist Assumed Risk of Injury in Recent Dirt Bike Accident Case

November 6, 2017 | Lebowitz & Mzhen

Earlier this month, an appellate court in California issued a written opinion in a motorcycle accident case requiring the court to determine if the plaintiff assumed the risk of injury involved in riding a dirt bike. Specifically, the court was tasked with determining whether the defendant’s reckless conduct exposed the plaintiff to risks above and beyond those normally encountered while riding a dirt bike. Ultimately, the court concluded that the plaintiff assumed the risk of injury by riding the dirt bike and that the defendant did not expose her to additional risks. This concept may be relevant to Maryland motorcycle accident victims as well.

The Facts of the Case

The plaintiff and the defendant were in a relationship. The plaintiff was new to riding dirt bikes when she met the defendant, but the two made the activity a joint hobby. One day, the couple decided to take about a two-hour ride to some dunes. The plaintiff was hesitant, and she explained to the defendant that she did not like riding in sand because it made her uncomfortable. Evidently, the defendant was present one time when the plaintiff fell while riding in sand.

The defendant “guaranteed” that there was a hard-packed dirt road the whole way and that the plaintiff would not have to ride in the sand. The plaintiff then reluctantly agreed to go.

Lingering and Delayed-Onset Injuries Following Maryland Motorcycle Accidents

October 26, 2017 | Lebowitz & Mzhen

Being involved in a Maryland motorcycle accident is a terrifying experience. If a motorcycle accident victim is lucky enough to walk away from the scene, it is likely that their heart is racing, their adrenaline is pumping, and they may not realize the physical trauma their body just endured.

To be sure, many Maryland motorcycle accidents result in head trauma, road rash, broken bones, and other injuries that are discovered immediately after an accident upon a medical evaluation. However, some injuries may not appear for weeks or even months after an accident. At other times, what seems like a minor injury turns out to be much more serious than the accident victim originally believed. In these situations, Maryland motorcycle accident victims may pursue a claim for compensation against the at-fault driver as long as the claim is filed within the applicable statute of limitations. In Maryland, this is three years from the date of the accident.

While all cases that are filed within the statute of limitations can be heard by the court, jurors may be suspicious of claims that were filed months or years after an accident without a convincing reason. For that reason, anyone who has recently been injured in a Maryland motorcycle accident should immediately consult with a dedicated personal injury attorney to discuss their case and determine if a lawsuit is appropriate.

Determining Who Has the Right-of-Way in Maryland Motorcycle Accidents

October 19, 2017 | Lebowitz & Mzhen

All drivers should be aware of Maryland traffic laws by virtue of having obtained a Maryland driver’s license. Most drivers can rely on their gut instinct when determining who has the right-of-way in a traffic situation, since the traffic laws have become ingrained in our minds through years of driving. However, there are some situations in which determining who has the right-of-way is not as easily determined.

One situation in which it is not always clear which person has the right-of-way is left-turn accidents. Of course, the general rule is that the vehicle turning left must yield the right-of-way to the vehicle that is continuing straight. However, that is not always the case. For example, if the motorist who is continuing straight is traveling in excess of the speed limit, that driver can be said to have lost the right-of-way, potentially absolving the left-turning motorist of fault.

The idea behind the shifting right-of-way makes intuitive sense when thinking about the knowledge each driver possesses in the moments before an accident. For example, a driver waiting to make a left turn has no knowledge of how fast the oncoming vehicle is traveling and can only make a rough estimate judging by how fast the vehicle is approaching. In most cases, that motorist will reasonably assume that the oncoming motorist is traveling at the posted speed limit and will make the decision of when to turn accordingly.

Wrongful Death Claims Based on Fatal Maryland Motorcycle Accidents

October 12, 2017 | Lebowitz & Mzhen

Maryland motorcycle accidents are a common occurrence, and too often, they result in the serious injury or death of the motorcyclist. Many times, these accidents are due in no part to the motorcyclist’s actions but are caused by another driver’s negligence. This may be due to the other motorist being distracted or intoxicated or driving in an aggressive manner.

Anyone who loses a loved one in a motorcycle accident is entitled to seek compensation for their loss through a Maryland wrongful death lawsuit. In Maryland, wrongful death lawsuits must be brought by a primary beneficiary, if one exists. A primary beneficiary includes a surviving spouse, parent, or child of the accident victim. If no primary beneficiary exists, a secondary beneficiary can bring the claim. This opens up the class of putative plaintiffs to anyone who was related to the accident victim by blood or marriage and was substantially dependent on the accident victim.

Once it is determined that the proper party is bringing the wrongful death claim, the claim itself must be established. This requires the plaintiff to show that some negligent act or omission of the defendant resulted in the death of their loved one. Proof of negligence can be shown through the admission of cell phone records, traffic citations, accident reports, or eyewitness testimony. If successful, damages normally include not only amounts for actual losses incurred, such as medical expenses, but also amounts for mental anguish, pain and suffering, and loss of companionship.

Insurance Disputes in Maryland Bicycle Accidents

October 5, 2017 | Lebowitz & Mzhen

Most cyclists fairly believe that as long as they have insurance, they will be covered in the event of a Maryland bicycle accident. However, insurance contracts can be tricky, and insurance companies often try to interpret insurance contracts in their own favor, potentially limiting the amount of coverage provided to a motorist and at the same time limiting the insurance company’s overall risk.

In some cases, the insurance company has little to do but settle a case fairly. However, other cases present unique situations in which an insurance company’s clever argument may result in a decrease in the company’s obligations. A recent case illustrates one insurance company’s attempt to characterize the deaths of two bicyclists as a single “accident” under the terms of the policy.

The Facts of the Case

The plaintiff in the case was the surviving wife of a man who was killed in a bicycle accident that was caused by a negligent driver. At the time of the accident, both the plaintiff and her husband were riding on the shoulder of the road. Weather conditions were clear. At some point, a driver came from behind at about 50 miles per hour and first struck the plaintiff’s husband. He was thrown about 165 feet from his bike.

Maryland Motorized Scooter Accidents

September 27, 2017 | Lebowitz & Mzhen

Motorized scooters have become popular over the last decade as an affordable and quick way to get around town, especially when the distances traveled are longer than someone could comfortably ride a bicycle. Along with the increased use of motorized scooters, however, there has been a corresponding increase in the number of Maryland scooter accidents. These scooter accidents often result in serious injuries or death, due to the lack of protection a scooter offers its rider.

Like motorcycles, motorized scooters are powered by gasoline, but the engines in the motorized scooters are much smaller. In addition, due to their boxy design, scooters have a bit more of a bulky feel. As a result, scooters are not able to accelerate as quickly as motorcycles, and drivers have a more difficult time evading upcoming obstacles.

Compounding the difficulties faced by scooter riders is the fact that the general public is not familiar with scooters or their limitations. This creates a situation in which other motorists may drive dangerously around scooters, increasing the chance of a serious or fatal scooter accident. As is the case with any motor vehicle accident, the accident victim’s choice of transportation does not change the duty owed to the victim by other motorists. Anyone injured in a Maryland scooter accident should consult with a dedicated Maryland personal injury attorney as soon as possible to discuss their case.

Motorcycle Accidents Caused by a Motorist’s Failure to Yield

September 20, 2017 | Lebowitz & Mzhen

While there are many causes of fatal Maryland motorcycle accidents, one of the most frequently seen causes is a motorist’s failure to yield the right-of-way to a motorcyclist. Of all the failure-to-yield accidents, left-turn accidents are the most common. Indeed, it is estimated that approximately 40% of all fatal motorcycle accidents involve a motorist making a left turn in front of a motorcyclist who is going straight.

In most cases, these accidents are results of a motorist’s inability to properly gauge the speed at which a motorcyclist is traveling. However, aggressive driving may also be a cause. Regardless, motorists are responsible to safely operate their vehicles while on the road, and neither of the above reasons is an excuse for causing a motorcycle accident.

Motorcycle accident victims who are injured in a left-turn accident may be entitled to recover compensation for their injuries – both physical and emotional – through a personal injury lawsuit. In order to successfully bring a motorcycle accident case, an accident victim must be able to establish that the other driver was somehow negligent in the operation of their vehicle. This can be shown though the issuance of a traffic citation, or, if no citations were issued, through the presentation of convincing evidence at trial.

Maryland Drunk Driving Accidents Involving Bicycles

September 13, 2017 | Lebowitz & Mzhen

Despite decades of public service announcements and millions of dollars spent on educating the public about the dangers of drunk driving, some motorists continue to refuse to comply with the law. When drivers get behind the wheel after having too much to drink, they put everyone on the road at risk. Indeed, in an average year, there are approximately 170 Maryland drunk driving deaths.

While the impact of drunk driving can affect anyone using the road, bicyclists are at a particular disadvantage, given the total lack of protection bicycles offer riders. Aside from wearing a helmet and following traffic laws, bicyclists can do little to avoid drunk drivers. And once an accident occurs, the likelihood of it resulting in a serious injury or death is extremely high.

Maryland lawmakers understand the need for strict drunk driving laws and have implemented a strict set of criminal punishments to deter drivers from getting behind the wheel while intoxicated. Similarly, civil remedies are available for victims of bicycle accidents through Maryland personal injury lawsuits. Anyone considering filing a personal injury lawsuit against a motorist believed to have been at fault for causing a serious Maryland bicycle accident should consult with a dedicated Maryland personal injury attorney.

Bicyclist Deaths Continue to Increase in Bicyclist-Motor Vehicle Crashes

September 6, 2017 | Lebowitz & Mzhen

The death of a loved one is tragic. In Maryland motor vehicle crashes, the party at fault for the crash should be held responsible for their actions. The wrongful death statute in Maryland allows certain family members to recover compensation after the family members’ death. The purpose of the statute is “to compensate the families of the decedents, as opposed to the estates of the decedents.” Therefore, a wrongful death claim is a separate claim that can be brought by the decedent’s family.

The law allows for certain beneficiaries to file a Maryland wrongful death lawsuit. Primary beneficiaries are defined as the spouses, parents, or children of the deceased person. If no primary beneficiaries exist, Maryland law permits secondary beneficiaries to pursue a claim. A secondary plaintiff is any other person related to the deceased person by blood or marriage who was wholly dependent on the decedent.

In order to prove liability, a plaintiff must show that the defendant’s wrongful act resulted in their loved one’s death. Under the statute, a wrongful act is an “act, neglect, or default including a felonious act which would have entitled the injured party to maintain an action and recover damages” if the person had not died. Plaintiffs may recover damages for not only pecuniary losses but also pain and suffering, loss of companionship, parental care, guidance, and more.