Maryland Motorcycle Accident Lawyer Blog

One of the most common questions we see in Maryland motorcycle accidents is whether the fact that an accident victim was not wearing a helmet at the time of the accident can be used against the accident victim at trial. While states across the nation are split on this question – with some states not yet having arrived at a definitive answer – Maryland courts generally do not allow evidence of helmet non-use to show that the motorcyclist was negligent.

Courts that prevent helmet non-use evidence from being considered at trial understand that the benefits of wearing a helmet are common knowledge, and people are aware that helmets can help save a rider’s life in some circumstances. However, the legal question in Maryland motorcycle accidents is whether the defendant breached a duty of care that he owed to the accident victim, and whether the defendant’s breach of the duty resulted in the accident victim’s injuries. This inquiry does not necessarily require courts to look at whether the motorcyclist was wearing a helmet at the time of the collision.

In fact, several courts have determined that when helmet non-use evidence is presented to a jury, it may have the unintended consequence of essentially requiring a plaintiff to prove that they could not have prevented their own injuries through helmet use. This is not how the law should be applied, so these courts prevent helmet non-use evidence to prevent this unfair result.

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Last month, an appellate court in Florida issued a written opinion affirming a lower court’s decision to enter summary judgment in favor of a motorcycle accident victim. While the court determined that the driver who caused the accident was individually liable for the plaintiff’s injuries, the court also held that the trust for which the at-fault driver was a trustee could not be held liable for the plaintiff’s injuries.

The Facts of the Case

The plaintiff was the surviving spouse of a man who was driving his motorcycle eastbound in the slow lane of the Route 50 highway. The defendant, who was operating a flatbed truck, was facing northbound on a perpendicular street, preparing to make a left turn to head westbound on Route 50. As the defendant pulled out into the eastbound lanes of traffic, he cut off the motorcyclist, who collided with the front driver’s-side quarter-panel of the truck. The motorcyclist was seriously injured and taken to the hospital, where he later passed away.

The responding police officer surveyed the accident scene, finding that the motorcyclist tried to brake before colliding with the truck but was unable to come to a stop in time. The officer determined that the defendant was at fault and issued a citation for failing to yield to the motorcyclist.

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Anyone familiar with riding a motorcycle knows that there are certain unavoidable dangers that confront riders every time they get on a bike. Whether it is an intoxicated or distracted driver or a motorist who misjudges the speed at which a motorcyclist is traveling, many of the risks facing motorcyclists are beyond their control. However, of all of the dangers out there, one of the biggest dangers to motorcyclists is aggressive or distracted drivers.

Distracted driving is a broad term used to describe any time a motorist’s attention is diverted anywhere other than the road ahead of them. The reasons for distracted driving vary, but commonly distracted driving involves the use of a cell phone to talk or text. In some cases, a driver can be distracted by other passengers, by eating or drinking, or by adjusting the volume on the radio or the coordinates on the GPS system. In any event, distracted driving is dangerous, and the law discourages the behavior by allowing anyone injured by a distracted driver to hold the distracted driver accountable through a personal injury lawsuit.

Of course, proving that a driver was distracted is not always easy, and it is best left to an experienced personal injury attorney. With an attorney’s help, accident victims may be able to obtain cell-phone records, traffic-camera footage, or witness testimony to establish that another driver was not paying attention.

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Earlier this month, one Maryland man was killed when he was struck by another vehicle while riding on a motorcycle in Upper Marlboro. According to a local news report covering the fatal accident, the collision occurred in the evening hours on Maryland Route 202 near the intersection with Robert Lewis Drive.

Evidently, the motorcyclist was heading southbound on MD 202 when a westbound vehicle traveling on Robert Lewis Drive attempted to make a left-hand turn onto northbound MD 202. As the vehicle executed the turn, it traveled directly into the path of the motorcycle, leaving the operator no time to avoid the collision. The motorcyclist crashed into the side of the vehicle, sending the motorcyclist off the bike and onto the pavement. He later died from the injuries he sustained in the accident. As it turns out, the motorcycle had previously been reported stolen.

Police sent an accident reconstruction team to the scene, and the cause of the accident is still under investigation.

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The chances are that most motorists have had the experience of driving along a winding road when a vehicle pulls out of a hidden driveway, requiring evasive maneuvers and a quick application of the brakes. These hidden driveways are a major hazard on Maryland roads and are fairly commonplace across the state. While hidden driveways are a hazard to all motorists, motorcyclists in particular are at an increased risk due to motorcycles’ increased stopping distance.

Residents who live in a home with a hidden driveway are most likely accustomed to the dangers that are presented when they pull out onto the road. Indeed, many residents strategically install mirrors so that they can see if another vehicle is approaching. However, not every home or business owner with a hidden driveway takes this precaution, and the fact remains that many – if not most – hidden driveways require motorists exiting the driveway to essentially guess when it is safe to pull out.

Motorcycle accidents caused by a vehicle exiting a hidden driveway can be either party’s fault. In cases in which an exiting motorist fails to take notice of an approaching motorcycle, that motorist may be at fault. However, exiting motorists cannot be expected to anticipate a motorcycle speeding around a curve. Thus, these cases are highly fact-dependent and often require the close eye of an experienced personal injury attorney.

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