Maryland Motorcycle Accident Lawyer Blog

Colorado Man Dead After Van Failed to Yield

January 27, 2014 | Lebowitz & Mzhen

Earlier this week in Colorado Springs, Colorado, a man on a motorcycle was killed when another driver cut him off by driving through a yellow light without first yielding. According to a report by the local Fox affiliate, the motorcyclist was heading north and a van was heading south on the same road. As the two approached an intersection, the light turned yellow. The van attempted to turn left in front of the motorcyclist, cutting him off. Although the motorcyclist tried to stop in time, he was unable to do so and crashed into the rear of the van.

The motorcyclist was pronounced dead at the scene. The driver of the van was uninjured and was cited for Vehicles Turning Left and Careless Driving resulting in Death.

Failing to Yield the Right of Way

This accident was caused by the van failing to yield the right of way to the motorcyclist. In the situation above, the motorcyclist was traveling through the intersection and the van was making a left turn. As the vehicle making a left turn in front of a vehicle traveling straight ahead, the van needed to yield to the motorcyclist to see what he was going to do before acting himself.

SUV and Motorcycle Collide in Texas, Injuring Four

January 20, 2014 | Lebowitz & Mzhen

In what the news reports are calling a “late night accident,” a Kawasaki motorcycle collided with a Chevrolet Tahoe earlier this week in Texas. According to a report by the local CBS affiliate, the accident occurred shortly after 10:30 p.m. when the Kawasaki ran into the back of the Tahoe. Both people on the motorcycle were taken to a local hospital with life threatening injuries. The driver of the motorcycle was not wearing a helmet at the time of the accident. The two in the Tahoe suffered only minor injuries and were not taken to the hospital.

At this early point, police believe that speed and/or alcohol may have been involved in the accident.

Drinking and Driving Kills, Especially on Motorcycles

It’s not news to anyone that drinking and driving is extremely dangerous. Each year across the country thousands of motorists die from drunk-driving related accidents. While the numbers of motorcyclists injured are only a fraction of that number, the likelihood of an accident being fatal is much higher when one of the vehicles involved is a motorcycle. For this reason, if you are a motorcyclist, a drunk driver is like a ticking time bomb waiting to explode.

Motorcycle Accident in Florida Results in Another Motorcycle Fatality

January 13, 2014 | Lebowitz & Mzhen

In a tragic accident last week in Florida, a 64-year-old motorcyclist was killed when he was rear ended by a driver who didn’t notice that he was slowing down. According to a report by the Palm Beach Post, the accident occurred shortly after sunset in Martin County, Florida.

Apparently, a 23-year-old woman was driving behind the motorcyclist when he began to slow down in response to the traffic ahead of him. Not seeing the traffic ahead, the driver purportedly slammed into the rear of the motorcyclist, sending him off his bike and into the emergency lane where he was hit by another driver. Despite wearing a helmet, the driver was pronounced dead at the scene.

Negligent Driving Kills Motorcyclists

When motorists don’t pay attention on Maryland highways, accidents happen. These accidents have an increased potential to be fatal when the other driver is riding a motorcycle. However, due to the hustle-and-bustle nature of society today, drivers are constantly “multi-tasking” while driving. This can amount to negligent driving.

Yacht Club Manager Dies in Florida Motorcycle Accident

January 6, 2014 | Lebowitz & Mzhen

It’s only a few days into the new year and there have already been a number of motorcycle accident deaths across the county. One such accident occurred earlier this week in Florida, killing the well-loved manager of the Venice Yacht Club. According to a report by the Herald Tribune, the motorcyclist was driving south on U.S. 41 when a Lincoln Town and Country pulled out in front of him. Left with little to no time to react, the motorcyclist collided with the driver’s side of the Lincoln.

Emergency medical responders took the man to a nearby hospital, where he died from the injuries he sustained from the crash. He was wearing a helmet. The man left behind his wife of 22 years, as well as three daughters and four grandchildren.

Negligence Cases in Maryland

Each state has slightly different laws when it comes to motorcycle accidents as well as determining who is liable for them. Generally speaking, the applicable law is called “negligence,” and allows for the victims of other negligent drivers to recover damages caused by the other driver’s negligence. In order to recover from another driver, a victim must prove:

They were owed some duty of care by the defendant;
The defendant violated that duty of care;
The defendant’s violation of the duty caused the victim’s injuries; and
The victim suffered some kind of compensable damages.

Punitive Damages in Motorcycle Accident Cases

December 26, 2013 | Lebowitz & Mzhen

A federal district court recently decided on a motion for punitive damages in a motorcycle accident case, which raises several contemporary concerns, such as what type of proof is necessary to prove that punitive damages are applicable, and whether violating texting bans are sufficient proof of heightened negligent behavior.

In the case, Bostic v. Mader, Dist. Court, WD N.C. (2013), the two plaintiffs were riding motorcycles, when the driver of a passenger vehicle collided into one of the motorcyclists, throwing her from her bike, and causing her serious injury, and as a result substantial medical expenses.

The driver of the sport utility vehicle made a statement to law enforcement officials following the collision, stating that she had tried to stop the vehicle, but that the brakes did not function properly.

Adding Additional Defendants and the Relation Back Rule in Motorcycle Accident Personal Injury Lawsuits

December 19, 2013 | Lebowitz & Mzhen

A motorcycle accident personal injury lawsuit before a West Virginia district court offers an informative overview of the requirements necessary to add additional defendants at some future time following the filing of a lawsuit.

In the case, YANCHAK v. Lindh, Dist. Court, ND W. Va. (2012) the plaintiffs, a husband and wife, filed suit in state court in July 2010 following an accident in July 2008, in which the husband who had been riding his motorcycle was hit by a car owned by the husband of the woman who collided into the plaintiff. The complaint alleged negligence on behalf of the driver wife, and a failure to exercise due care while driving the car owned by her husband.

The plaintiffs claimed that, as a result of the accident, the plaintiff suffered severe and permanent injuries, and that his wife suffered loss of consortium, as well as severe emotional distress in witnessing the injuries of her husband. The plaintiffs also claimed that defendant owner of the car had negligently entrusted his wife with the control of his automobile at the time of the accident. The defendants removed the case to federal court in November of 2010.

Federal District Court Rules on Remand to State Court Following Successful Joinder of Defendant’s Employer in Respondeat Superior Claim Arising out of Motorcycle Accident

December 12, 2013 | Lebowitz & Mzhen

A federal court in New Mexico recently reached a decision in a motorcycle accident case that dealt with the complicated issues of fraudulent joinder and the theory of respondeat superior in determining the proper venue for the personal injury lawsuit.

In the case, PACELY v. Lockett, Dist. Court, D. NM (2013), the plaintiff filed a complaint for personal injuries sustained when he was involved in an accident with the defendant.

The plaintiff, who was riding a motorcycle at the time, had stopped his motorcycle in the median, in order to wait for other riders. The defendant then reportedly came from behind the plaintiff at a high rate of speed in his Porsche, and struck the rear of the plaintiff’s motorcycle. As a result, the plaintiff’s vehicle was totaled, and he suffered severe injuries, which included the loss of his left leg above the knee, the loss of his right leg below the knee, and he was in a coma for a sustained period of time.

The Importance of Testifying at Your Motorcycle Accident Trial

December 5, 2013 | Lebowitz & Mzhen

The United States Court of Appeals for the Fourth Circuit, which is the same court to which Maryland’s federal cases are appealed, affirmed a case over the summer whereby the plantiff essentially lost at trial due to the decision not to testify.

In the case, Scott v. WATSONTOWN TRUCKING CO. INC., Ct. App. 4th Cir. (2013), the court recants a somewhat unusual series of events regarding trial strategy and anticipation regarding testimony.

The lawsuit arose out of a collision whereby a truck driver employed by the Watsontown Trucking Company struck a motorcyclist with his tractor trailer while he was making a left turn. The motorcyclist suffered personal injuries as a result, and he filed suit in federal court, alleging negligence. According to the overview in the appellate case, the issue at trial came down to whether the truck driver had a green light when he made the turn, and if not, whether the motorcyclist was contributorily negligent.

U.S. Court of Appeals Decision in Motorcycle Accident Case Affirms Importance of Not Making Statements of Fault Following Accidents

November 24, 2013 | Lebowitz & Mzhen

The U.S. Court of Appeals for the 7th Circuit recently handed down a decision reenforcing the importance of not making statements regarding fault following motorcycle accidents. In the case, Jordan v. Binns, et al. U.S. Ct. App. 7th Cir. (2013) case no. 11-2134, a woman who lost both of her legs in a motorcycle accident appealed a jury verdict finding that she was responsible for causing the collision, not the other driver.

The accident occurred when the motorcyclist was traveling on an interstate, and collided with a tractor-trailer while coming around a turn. The driver of the tractor trailer was driving in the center lane through a right hand curve. The motorcyclist, who had been riding in the right lane was thrown to the pavement, and as a result lost both of her legs at the knees.

According to the driver of the tractor-trailer, he ran up to the motorcyclist following the collision, and in between screams, she repeatedly said that the accident was her fault. She reportedly said the same thing to her husband, who arrived shortly after the accident, and spoke with state police. A state police officer quoted both the driver of the truck and the woman’s husband in his report regarding her admission of responsibility for the accident. An insurance adjuster had a similar report.

Westminster Man Seriously Injured in Route 140 Motorcycle Accident

November 18, 2013 | Lebowitz & Mzhen

A 26 year old Westminster man was flown to the University of Maryland Shock Trauma Center earlier this week, following after an accident on Route 140 near the Baltimore County line.

According to Maryland State Police, both vehicles involved in the collision, including a motorcycle and a pickup truck, were traveling south on Route 104 at 5:26 p.m., when the motorcyclist lost control of his bike and veered into the pickup’s lane, which he collided into and was thrown from his motorcycle.

The motorcyclist was flown to Shock Trauma in serious condition, with multiple injuries. The driver of the pickup truck and his passenger were transported to a local hospital for treatment of non-life threatening injuries. Police stated that alcohol was not a factor in the collision, and an investigation is ongoing.