Justia Lawyer Rating
Maryland Association for Justice
American Association for Justice
Super Lawyers

A Washington, D.C., cyclist and well-known reporter for Science Magazine was struck and tragically killed by a five-ton National Guard transport vehicle being used to block a D.C. intersection for an approaching motorcade. The accident happened not far from the site of a Nuclear Security Summit being held in the Capital. The victim, 68-year-old Constance Holden of Northwest Washington, was pronounced dead at the scene. She reportedly was heading home from her office at the end of the work day.

Living and working in the Baltimore area, I and the other Maryland injury lawyers at our office know that bicycles make up a percentage of vehicular traffic in Maryland, Virginia and the District. As tragic as this bicycle accident was, it’s not the only one and sadly will not be the last.

Bicycle and motorcycle crashes, whether caused by the driver of a passenger vehicle or commercial truck, can be serious at best; fatal at worst. Like the one reported here, the odds of a rider being killed by a large motor vehicle are quite high. For those who survive such encounters, bodily injuries can range from cuts and bruises to broken bones and traumatic head or spine injury. Hospital costs for such extensive injuries can run in the tens of thousands of dollars.

Being a lifelong participant in any outdoor sport or activity would seem to prepare a person for the various and specific dangers involved. While this may be the case in general, when it comes to bicycle riding, safety must be paramount in a rider’s mind when negotiating public roadways with other automobile and commercial truck traffic.

As Maryland injury attorneys, I and my colleagues understand how even the simplest error in judgment can mean the difference between life and death on a city street or a country road. Such was apparently the sad case in a bicycle-auto crash not long ago that claimed the life of a father and husband.

According to news reports, the victim of the accident was a 43-year-old bicycling devotee from Owings Mills, MD. Lawrence Bensky was apparently an intrepid cyclist who would think nothing of riding his bike from Bel Air to Ocean City. Regardless of the difficulties, family and friends reportedly said nothing could slow this rider down.

Summer is fast upon us. Motorcycle riders have already been flooding the city streets and roadways across Maryland. But as any good rider knows, motorcycle-automobile accidents can be unforgiving on bikers and their passengers. Many motorcycle and car accidents become very tragic because a motorcyclist has little protection against the mass of a car, SUV or pickup truck.

Where a driver of a car or truck is relatively protected in the case of a crash, a motorcyclist and his or her passenger can receive the direct impact from another vehicle. Motorcycle occupants can also be thrown far from the scene of a bike wreck. As a result, motorcycle accidents have rather high injury rates that include broken bones and lacerations, neck and spine injuries, traumatic head injuries, and other permanent and non-permanent injuries.

Wearing a helmet is one of the best choices a motorcyclist can make to improve his chances of surviving a bad motorcycle crash. The proper helmets can reduce the incidence of fatal head injuries by a large percentage. The use of various protective outerwear and good footwear can also mean the difference between minor and serious injury, or even death.

Where there’s one there is usually another, or so the saying goes. As more than one motorcycle rider has commented, seeing one deer or other large animal by the side of the road means at least another may be close by. This kind of thinking has saved many a biker from a serious motorcycle crash due to wildlife in the roadway. Of course, safety should always be the primary concern of any rider who takes his riding seriously.

Even so, traffic accidents like car-bike crashes can and do happen. For owners of Yamahas, Ducatis, Harley-Davidsons and Buells, avoiding a traffic accident is a full-time job when operating a motorcycle on public roads. Heavy traffic and rush hour congestion only increases the risk to bikers of every kind.

Not too long ago, a couple unrelated traffic accidents sent two riders to the hospital on the same day. Based on news reports at the time, one of the motorcyclists was involved in a single-vehicle crash in Pasadena, while the other hit a large sport utility vehicle in Glen Burnie.

One fact that becomes quite clear, having represented numerous victims of motorcycle accidents, is that bikes offer next to no protection for their riders. It makes little difference whether you ride a Harley, Suzuki, Yamaha or Honda, larger vehicle including cars, SUVs, minivans and semi tractor-trailers can inflict serious injuries to a rider in the case of a crash. Deaths from car-bike wrecks and bike-truck accidents are also common.

It is because of this fact that riding a motorcycle leaves very little margin for error. The freedom of two-wheel travel on the open road must always be balanced by the dangers awaiting even the most careful biker. This is why, as a Maryland motorcycle accident lawyer, I am quick to remind anyone contemplating owning a chopper, cruiser, standard or so-called crotch-rocket, be careful and use every piece of safety equipment available to you.

One recent motorcycle crash points out the potential finality of any traffic accident. According to news reports, a 31-year-old rider died following a collision with a van on Route 301 in Waldorf, MD. The accident occurred late on a Saturday afternoon when Deven Rachar Blackshear hit the side of a 2005 Chrysler Town & Country that was pulling out of a parking lot onto the highway.

Now that Maryland’s weather is getting better, it would appear that bicycle season is in full swing. Spring is a wonderful time, but dangers are always present when riding on public roads, especially heavily trafficked thoroughfares. My office handles numerous injury accidents every year, a percentage of those represent bicycle-car and bike-truck crashes.

One thing I’ve learned practicing in this area: You can never, ever be too cautious. The lack of protection when cycling is evident by the frequent stories of bicycling enthusiasts who are occasionally injured or killed in traffic accidents. My suggestion to anyone contemplating riding in the city or other congested roadway is to assume nobody sees you on your bike.

Maybe in the future laws will be tightened in favor of the even increasing population of bicycle riders, but until then I also remind motorists — as a Baltimore automobile accident aattorney –to be vigilant and watch out for cyclists at all times, especially in the warmer weather. Recently an editorial appeared in the Baltimore Sun suggesting that bikes get a little extra room from the four-wheeled neighbors.

It is a fact that motorcycles offer less protection to their riders than cars or trucks do to their drivers and passengers. But while some people say bikes are too dangerous to ride on the street the choice to ride or not is a personal decision that every motorcyclist must make for him or herself.

As a Baltimore motorcycle injury attorney, I support an individual’s right to choose how they will live their life, even if the risks are more than some people can accept. So long as the state of Maryland allows bikers to rider their machines on the city streets and rural roads, they have the same rights and responsibilities as passenger car drivers and truck operators.

In my position, I often hear of fatal motorcycling accidents that would give most people pause. Recent news of a crash in Charles County is one such incident. According to Maryland State Police in La Plata, there was a traffic accident on Route 301 that resulted in the death of a rider and injury to two other motorists. At the time of the news article, police were still investigating the crash.

Motorcycle riders are particularly at risk when it comes to Maryland traffic accidents. Unlike bicycles, whose riders are similarly exposed, a biker’s machine is more powerful and much faster. Even when wearing leathers or other protective riding gear, being thrown from your Harley or Honda onto hard pavement at highway speeds can result in life-threatening injuries, sometimes a rider is even killed on the spot.

Motorists also have a hard time identifying motorcycles in traffic. Because of this, a smaller Suzuki or Yamaha two-wheeler can go unnoticed until it’s too late. As a Baltimore injury lawyer, I‘ve read too many time about motorists turning directly in front of a bike in broad daylight only to say they never saw the rider or his bike. That’s a scenario that many riders learn about first hand, and it only takes once to make that point clear.

A recent news reports indicated that a resident of Ann Arundel County pleaded guilty to a charge of negligent homicide in the drunk driving-related traffic accident that killed a Glen Burnie motorcycle rider last summer. The accident happened on Baltimore Annapolis Boulevard last August when a 2004 Acura driven Alida Roxana Holyoke, 27, apparently turned in front of a motorcycle rider causing him to crash, the woman then left the scene of the accident.

As a Baltimore injury accident attorney, I understand the healthful benefits and feeling of freedom that bicycling provides to people. In fact, with energy conservation on everyone’s lips and green living all the rage, biking to school, work or the store makes more sense now than ever in the past. That said, I will throw in a word of caution; that is, bicycles are great fuel saves and exercise machines, but they are no match for a car, truck or SUV.

With summer just around the corner, I don’t wish bring readers down, but the fact that more and more bicyclists will likely be hurt or killed in a traffic accident in the years to come is likely a good bet. I was reminded of this by a recent news article that talked about the Baltimore cyclist, Jack Yates, who was tragically killed by a fuel tanker truck late last summer.

According to the article, Yates’ family filed a five-million dollar wrongful death suit against the driver of the truck, along with the man’s employer. As most people already know, the 67-year-old Yates was pedaling his bike southbound on Maryland Avenue when he became caught in the trucks rear wheels and run over as the vehicle turned right on Lafayette Avenue. He died at the scene.

A recent editorial brought up an interesting traffic topic as relates to bicycle-car accidents here in Maryland and across the country in general. As Baltimore injury accident lawyers, we see many victims of traffic collisions, both from truck and car crashes as well as bicycle accidents caused by drivers of motor vehicles. It’s no surprise that when a car and bike tangle on public streets, the cyclist is usually the first to be hurt, sometimes critically. Head injuries are most common, even with helmet use, as are spinal damage, neck injuries and broken bones.

The editorial pointed out that road rage may be to blame for many of the car-bike accidents around the nation, yet authorities may be turning a blind eye to the problem. As drivers in the Baltimore area, as well as other urban and rural areas, I’m certain that more than one person has experienced the anger of another driver on the road. It’s not hard to imagine how much more dangerous this kind of behavior can be when directed toward a cyclist — the results could be deadly.

According to the editorial, there is a sort of “traffic injustice” felt by bicycle riders in some of the nation’s urban centers. The author based his comments on articles documenting certain road rage trials and suggested that individuals can’t ride their bicycles anywhere with safety due to the lack of seriousness on the part of law enforcement when it comes to car-bike accidents that smack of road rage.

Using the analogy of a New Year’s reveler discharging a pistol into the air only to kill an innocent bystander somewhere across town, the author suggests that police are more likely to arrest that gun owner for manslaughter than to charge a driver for intentionally going after and killing a cyclist during a bout of road rage.

The New Year’s incident is hypothetical, yet the author’s point is made very clear; no law enforcement agency would treat this unintentional New Year’s death as “just an accident” unworthy of serious charges, says the author. However, as he explains, when the instrument of injury or death is an automobile in the hands of a careless driver, this is often exactly what happens, according to the author.

Continue reading ›

Contact Information