Maryland Motorcycle Accident Lawyer Blog

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.

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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.

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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.

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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.

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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.

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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.

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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.

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