Maryland Motorcycle Accident Lawyer Blog

Everyone learns the dangers of drunk and drugged driving in the first few weeks of their driver’s education course, but some motorists still insist on getting behind the wheel while intoxicated. In fact, each year across the United States, there are nearly 10,000 deaths attributed to drunk and drugged driving. This figure accounts for about one-third of all traffic-related accidents.

Since drunk driving is such a serious problem, state legislators across the country have enacted tough criminal and civil penalties that can be levied against those who cause an accident while intoxicated. In fact, under the doctrine of negligence per se, anyone injured in a drunk driving accident can essentially take a legal shortcut in proving their claim. This is because the doctrine of negligence per se allows for accident victims to bypass the requirement that they prove the defendant’s conduct was negligent. In other words, since drunk driving is specifically forbidden under the law in an effort to reduce traffic accidents, such conduct is presumed to be negligent by the courts.

Distracted and Intoxicated Driver Kills One Cyclist, Injures Two Others

Earlier this month, one woman was killed and another two injured when an intoxicated driver struck all three with her SUV. According to one local news report covering the tragedy, the driver of the SUV crossed over the center median and struck one of the bicyclists head-on, killing her instantly. After that first collision, the SUV’s mirror struck another woman, and the vehicle then struck a third woman. These women were both admitted to the hospital, but they have since been treated for their injuries and released.

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Motorcycle accidents can happen anywhere. However, almost half of all serious motorcycle accidents occur at intersections, both rural and urban. In fact, according to the National Highway Traffic Safety Administration, about three motorcyclists die each day in multi-vehicle accidents occurring at intersections.

The causes of motorcycle accidents vary, but they often include distracted driving, aggressive driving, or a motorist’s inability to see the motorcyclist. While news outlets often report motorcycle accidents in terms of how the motorcyclist is at fault, this is often inaccurate. In fact, the motorcyclist is deemed to be at fault in only about one-third of the total number of accidents. However, since most people have experience driving a car but cannot relate to riding a motorcycle, accidents are often framed in terms of “what the motorcyclist could have done differently,” even when the motorcyclist was the innocent victim of another driver’s negligence.

There are also some situations in which both parties are at fault. For example, if a motorcyclist is speeding through an intersection, but another driver runs a red light, a collision may result. In these cases, both drivers may be at fault. It is important for motorcyclists to understand that in Maryland and Washington, D.C., any accident with shared fault will prevent either party from recovering compensation for their injuries.

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Auto accidents that involve automobiles and two-wheeled vehicles, whether bicycles, motorcycles, or motorized scooters, share common characteristics demonstrating the unique dangers that are faced by commuters using smaller vehicles on our nation’s roadways. Not only are the users of two-wheeled vehicles more likely to suffer an accident based on the negligence of another driver, but also they are more likely to be seriously injured or killed in an accident as a consequence of the difference in mass between the vehicles.

Other Drivers Owe a Special Duty of Care to Motorcyclists and Bicyclists

There are several reasons why accidents between normal vehicles and smaller, two-wheeled vehicles are more common than between two normal vehicles alone. A primary cause of the increased accident risk is the fact that motorcycles and other small vehicles can be more difficult for another motorist to see, resulting in an unintended collision. Although bicycle and motorcycle operators should use additional caution when commuting around larger vehicles, the drivers of the larger vehicles have a legal duty to exercise due care while on public roadways, and this duty includes paying attention to the road and keeping an eye out for smaller vehicles. If the driver of a larger vehicle fails to see a smaller vehicle and causes an accident, the driver of the larger vehicle may be accountable for damages to the motorcyclist even if the driver of the other vehicle never actually saw the smaller vehicle before the collision.

Motorcyclists and Bicyclists Should Use Approved Safety Equipment to Ensure Their Safety

Motorcyclists should always employ fully functional safety equipment to protect themselves while on the road. This includes lights, reflectors, proper signaling equipment, protective clothing, and a helmet. Using approved safety equipment while on the road can help save a motorcyclist’s life in the event of an accident and additionally support their case for compensation from a negligent driver who may have caused the crash. A motorcyclist or bicyclist involved in an accident who failed to use safety equipment or follow traffic laws before an accident may lose their right to collect the full amount of damages from a negligent driver who caused the accident.

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