Maryland Motorcycle Accident Lawyer Blog

A Motorcyclist’s Liability to His Passenger

December 11, 2015 | Lebowitz & Mzhen

When someone gets on the back of a motorcycle, they trust the driver of that motorcycle to operate the vehicle in a safe and responsible manner. However, on occasion, the driver of the motorcycle is inexperienced or makes a poor judgment call that results in the motorcyclist and his passenger getting into either a single-vehicle accident or an accident with another vehicle.

In either of these cases, the motorcyclist’s passenger may sustain serious injuries due to no fault of their own. Under Maryland law, that passenger may be able to file a personal injury lawsuit against one or more parties. First, if another motorist is responsible for the accident, the passenger can seek compensation for their injuries from that other driver and their insurance company. However, if the other driver involved in the accident was not at fault, or if the accident was a single-vehicle accident, the injured passenger may consider bringing a lawsuit against the driver of the motorcycle.

Motorcyclists, along with all other motorists, owe a duty of care to their passengers as well as other drivers on the road. This duty requires that drivers operate their vehicles in a safe and responsible manner. Many times, passengers feel as though they cannot bring a suit against the driver of the motorcycle, either because they know the driver or the driver died in the accident. In these situations, an injured passenger should consult with an attorney to discuss their potential rights and how they can pursue compensation.

Wrongful Death Lawsuits Arising after Fatal Maryland Motorcycle Accidents

December 4, 2015 | Lebowitz & Mzhen

After someone is fatally injured in a motorcycle accident, the family of the deceased is often left not just emotionally distraught but also in a bad financial place. This is especially the case if there were exorbitant medical bills, or if the deceased was an income earner. A wrongful death lawsuit is a way for the aggrieved family members of a deceased accident victim to recover financially for their loss.

Wrongful death lawsuits must be brought by the proper party in order for the court to hear the case. In Maryland, the law prefers that a “primary beneficiary” bring the lawsuit. A primary beneficiary is defined as a spouse, parent, or child. However, in some cases, even a person in one of these three categories will not be eligible. For example, a parent will not be permitted to bring a wrongful death action based on the death of their child if they were criminally involved in the child’s death.

If there is no primary beneficiary available to bring the lawsuit, a secondary beneficiary can file a case. A secondary beneficiary is a person who is related to the deceased by blood or marriage and who was “substantially dependent” on the deceased. In some cases, there is substantial litigation as to whether a party qualifies as a secondary beneficiary. Once a party has proven to the court that they are a proper party, they must then prove that the defendant’s negligent, reckless, or intentional act caused the death of their loved one. This too can be complex, depending on the circumstances giving rise to the accident.

One Dead, Another Critically Injured in Left-Turn Motorcycle Accident

November 30, 2015 | Lebowitz & Mzhen

Earlier this month in Cocoa, Florida, one woman was killed and another man seriously injured when they were involved in a serious motorcycle accident. According to one local Florida news report, the accident occurred in the morning hours of Monday, November 17.

Evidently, the male was operating the motorcycle with the female on the back. As the couple attempted to make a legal left-hand turn, another driver pulled into their path. The motorcyclist was unable to avoid the collision and struck the side of the other driver’s vehicle. Both the driver and the passenger were ejected from the motorcycle. Neither of the two on the motorcycle were wearing their helmets at the time of the collision.

The man was taken to the hospital and admitted in critical condition. Sadly, his passenger, a 64-year-old Florida resident, died shortly after the accident from the injuries she sustained. Police do not believe that alcohol was a factor, but the Highway Patrol is conducting a thorough investigation into the cause of the fatal motorcycle accident.

Wife Files Suit Against Husband after Motorcycle Accident

November 19, 2015 | Lebowitz & Mzhen

Earlier this month, a Maine court heard a case brought by a woman that arose out of a motorcycle accident in which her husband was found to be at fault. In the case, Wood v. Wood, the court had to decide whether interim payments made by Husband to Wife counted towards the final verdict amount. Ultimately, the court determined that it needed further clarification as to whether the payments were based on Husband’s liability to Wife, or whether the payments were made to Wife based on her own coverage under the very same policy.

The confusion in this case arose because both Husband and Wife were on the same insurance policy. After the accident, but before the trial had concluded, the insurance company had paid roughly $5,000 to Wife. After the trial, Wife received a verdict in the amount of $50,000. The insurance company then sought credit for the $5,000 it paid prior to the court’s ruling.

Wife’s position was that the $5,000 was not a medical liability payment but was a payment made to her as an insured party who was involved in an accident. The insurance company, through Husband, claimed that credit was deserved because Husband was ultimately determined to be at fault, and thus the payment was a liability payment that should be credited towards the total.

Maryland Man Dies in Fatal Middletown Motorcycle Accident

November 12, 2015 | Lebowitz & Mzhen

Earlier this month near Middletown, a motorcyclist died when he was involved in a two-vehicle accident near the intersection of Summit Bridge Road and Old Schoolhouse Road. According to one local news source that covered the incident, the accident took place at around 1:20 in the afternoon.

Evidently, the motorcyclist was heading southbound on Summit Bridge Road, and an Acura was heading northbound on the same road, when the Acura attempted to make a left-hand turn in front of the motorcyclist. However, the driver of the Acura misjudged the amount of time he had to complete the turn and struck the motorcycle before he completed the turn. The impact from the collision caused the motorcyclist to be thrown from the bike.

The motorcyclist, who was wearing his helmet, was pronounced dead on the scene by emergency crews. The driver of the Acura stopped his car about 150 feet from the intersection and remained on the scene throughout the police investigation. He was not injured in the accident.

Bicyclist Struck by Drunk Driver Emphasizes Driver Education to Avoid Future Accidents

November 5, 2015 | Lebowitz & Mzhen

Earlier last month in Dallas, Texas, a 26-year-old bicyclist was seriously injured after she was struck and knocked off her bicycle by a drunk driver. According to one local news source, the bicyclist spoke to reporters after the accident, telling them that the key to avoiding accidents like the one that seriously injured her is driver education.

Evidently, the bicyclist had stopped at an intersection and was waiting for traffic to clear before crossing. However, once she started to cross the intersection, a vehicle approached. The vehicle entered the intersection and didn’t slow down until it hit her, knocking her off her bike and seriously injuring her. Thankfully, the woman was wearing a helmet. However, she still suffered serious injuries, including a concussion and neck injuries. She is expected to make a full recovery over the next several weeks.

The driver who struck the bicyclist was arrested and charged with driving under the influence and intoxication assault.

Motorcyclist Dies in Multi-Vehicle Chain-Reaction Accident

October 27, 2015 | Lebowitz & Mzhen

Earlier this month in Putnam County, New York, one man was killed when he was involved in a six-car pile-up on the interstate. According to one local news source, the accident occurred in the early morning hours of October 14 on Interstate 684.

Evidently, the motorcyclist was traveling on the highway when several cars in front of him were involved in an accident. The motorcyclist, without time to react, slammed into one of the cars in front of him that had slowed because of the approaching accident. Once the rider was knocked off his motorcycle, a van not far behind the motorcyclist collided with the motorcycle and the rider. The rider was taken to a nearby hospital, where he was pronounced dead.

The medical examiner listed the man’s death as an accident. Police are in the midst of an investigation to determine who was at fault in the original accident that caused the chain-reaction accident. While no one has been charged yet, that could change as the investigation wraps up.

Motorcyclist Killed After Losing Control and Being Hit by Passing Car

October 19, 2015 | Lebowitz & Mzhen

Earlier this month in West Virginia, one man was killed after he was involved in a motorcycle accident with one other vehicle. According to one local West Virginia news source, the accident took place on a Monday afternoon on U.S. Route 460, near Oakvale.

Evidently, the motorcyclist was heading westbound on Route 460 when he lost control of the motorcycle. As the motorcyclist was attempting to regain control of the bike, the driver of a dark-colored passenger car struck him, sending the man off the bike and onto the pavement. The driver of that vehicle fled the scene and is yet to be located by authorities.

Police are conducting an investigation into the fatal motorcycle accident and are not sure if the unknown vehicle was at all responsible for the initial accident or whether that was a complete loss of control on the motorcyclist’s part. Either way, the driver who fled the scene could face criminal charges for leaving the scene of the accident. Police also noted that uneven pavement could have contributed to the cause of the accident.

New Study Shows Helmets Do More Than Reduce the Chance of Getting Injured, They Reduce the Severity

October 14, 2015 | Lebowitz & Mzhen

Earlier this month, researchers from the University of Arizona at Tucson released a study they conducted regarding helmet use and its effects on bicycle injuries. As the reader may expect, helmets do prevent injury if they are worn by a rider involved in an accident. However, this study looked a bit deeper.

The idea of the study was to determine if wearing a helmet somehow helped those who did suffer a traumatic brain injury. In other words, it is well known that a helmet can reduce the chance of getting severely injured in a bicycle accident, but of those who are severely injured, did the group of those who were wearing helmets fare any better than those who were not?

The Study

The study looked at 6,267 bicycle accidents that resulted in a traumatic brain injury. Of those, roughly 25% of the riders were wearing their helmets. The results of the study indicated that of those who were involved in a bicycle accident and suffered a traumatic brain injury, those wearing a helmet at the time were 58% less likely to sustain a “serious” brain injury, and 59% less likely to die as a result of their brain injury.

Former Episcopal Bishop in Baltimore Pleads Guilty to Automotive Manslaughter and Other Related Charges

October 7, 2015 | Lebowitz & Mzhen

Earlier this month, the former Episcopal bishop who was charged in the December 27 fatal hit-and-run accident that claimed the life of a father of two young children pleaded guilty to several offenses in relation to the accident. According to one local news source, the woman pleaded guilty to automotive manslaughter and several other related charges in return for a maximum sentence of incarceration that could not exceed 20 years. By agreement with the prosecution, the woman will likely serve just 10 years in jail, with the remaining sentence suspended.

Back in December of last year, the woman was driving on Roland Avenue when she drifted into the bike lane as she was texting on her phone. She struck a bicyclist, sending him flying off onto the side of the road. Initially, the woman circled back to the scene but then left and did not return until she was advised to by a friend. As it turns out, she was found to have been operating the vehicle while under the influence of alcohol. Her blood alcohol content was over three times the legal limit.

The family of the accident victim was present in court for the woman’s plea but declined to comment on what had just occurred. One family member did tell reporters later that the family would “advocate the maximum penalty allowed under law.”