Maryland Motorcycle Accident Lawyer Blog

Admissibility of Statements After a Maryland Car Accident

January 17, 2022 | Lebowitz & Mzhen

After seeking medical assistance, the next step a Maryland accident victim should take is to consult with an attorney. While speaking to an insurance adjustor or other party may seem harmless, many seemingly innocuous statements can drastically impact a victim’s recovery. Under conditions of extreme duress, a party may make a statement expressing guilt or remorse for an accident; however, this does not necessarily amount to an admission of guilt.

Apologizing after an accident does not equate with admitting blame; the other driver’s insurance company or attorney may use those statements as an admission of fault. Although it might go against a person’s inherent character, it is generally advisable to avoid apologizing after a Maryland accident. It is best practice to limit conversations to ensure the safety of all parties and contact emergency responders and law enforcement.

Does Apologizing After a Maryland Motorcycle Accident Affect My Case?

Apologizing after a Maryland motorcycle accident does not legally implicate guilt or fault, but the opposing party may argue that it does. In another state, this may not make much of a difference; however, because of Maryland’s strict contributory negligence laws, the other party may try to use a victim’s innocent statement of concern to bar their financial recovery. On the other hand, a victim may be able to use an at-fault party’s statement in their personal injury case.

Liability Following a Maryland Motorcycle Accident Caused By Road Hazards

January 9, 2022 | Lebowitz & Mzhen

Many Maryland residents recently experienced the devastating impact that severe winter weather can have on travelers. The recent winter storm plummeted the northeast, and the snow and ice resulted in heavy traffic, chain-reaction accidents, and fallen wires and trees. The effects of inclement weather can reverberate for many weeks after severe winter events. While drivers may be accustomed to navigating potholes and damaged roadways, some unexpected dangers can result in serious accidents and injuries.

Fallen trees and branches can present serious challenges to motorists and other road users. In some cases, an accident may result from a falling tree and others may involve a driver crashing into a branch or tree that has not been cleared. Under Maryland law, it is a property owner’s responsibility to remove fallen trees and debris from their property. However, in some cases, the governmental entity may be responsible for removing dangers, such as fallen trees or branches.

For instance, reports described an accident involving a motorcycle rider who crashed with a downed tree. The motorcyclist was driving down a road when they hit a fallen tree lying in the roadway. The rider was wearing a helmet; however, he died at the hospital.

The Impact of Bias in a Maryland Motorcycle Accident Case

December 31, 2021 | Lebowitz & Mzhen

Any experienced Maryland motorcycle accident attorney knows the effect that bias and profiling can have on an accident victim. The American Motorcycle Association (AMA) frequently educates the public on the impact of discriminatory enforcement actions targeting motorcyclists. While the state has a law to ban motorcycle profiling, the reality is that this bias is deeply embedded in society. The result of this bias often leaves motorcycle accident victims with overwhelming challenges. An attorney is a critical resource in overcoming these fundamentally unfair biases.

According to the Maryland Department of Transportation, annually, the state experiences nearly 1,800 motorcycle accidents. Further, motorcycle riders are ten times more likely to suffer serious injuries than other vehicles. Moreover, Maryland’s strict contributory negligence laws compounded with biker bias often result in hefty financial burdens on the accident victim.

What Are the Most Common Causes of Maryland Motorycle Accidents?

Motorcycle accidents can occur because of a variety of factors. Certain types of accidents, such as left-turn collisions and failure-to-yield, tend to result in litigation. However, accidents can stem from any form of driver negligence.

What Happens When Multiple Drivers Are at Fault in a Maryland Motorcycle Accident

December 25, 2021 | Lebowitz & Mzhen

In some cases, who is at fault in a motorcycle accident is not immediately clear and sometimes, multiple parties may be at fault. If someone is injured in a Maryland motorcycle accident and files a claim against a driver or another defendant in court, the person who files the claim (referred to as the plaintiff) must show that the defendant was at fault for the accident. This means showing that the defendant owed a duty to the plaintiff, failed to meet that duty by acting or failing to act, the defendant’s actions were the cause-in-fact and a legal cause of the plaintiff’s injuries, and the plaintiff suffered damages.

Of course, a defendant may try to pin the blame on another cause, such as another driver or the plaintiff. If two or more parties acted negligently and caused the plaintiff’s injuries, courts in Maryland will consider if the defendant’s negligent actions were a “substantial factor” in causing the plaintiff’s injuries and if they are sufficiently related to the defendant’s negligent conduct.

What Happens if the Other Driver Blames Me for the Accident?

If the other driver blames your for the accident, you will have to defend against such claims if you want to recover for your injuries. The state of Maryland follows the doctrine of contributory negligence, which means that a plaintiff will not recover compensation if a plaintiff is found to be even partially at fault. Few states in the country follow this doctrine, but Maryland is one of them. The doctrine can lead to very harsh results for some plaintiffs. If a defendant claims contributory negligence as a defense and provides sufficient evidence of the plaintiff’s negligence, a judge or a jury will consider the fault of the plaintiff while also considering the fault of the defendant. An experienced personal injury attorney can help you understand how to effectively bring your claim and reduce the chances of being found to have been at fault.

Who Is Liable After a Maryland Motorcycle Accident in a Parking Lot or Parking Garage?

December 16, 2021 | Lebowitz & Mzhen

On its face, parking lot and parking garage accidents and lawsuits may seem similar; however, they often fall under two different legal theories. While car and motorcycle accidents often occur on highways or congested roadways, parking lot and garage accidents are quite common. Even though cars tend to be traveling at lower speeds in these areas, the accidents can still result in devastating consequences. Injury victims should contact a Maryland motorcycle accident attorney to discuss their recovery options.

A recent news report described a parking lot accident between a motorcyclist and a box truck. According to an initial investigation, the motorcyclist was leaving a restaurant parking lot when he pulled in front of a box truck. The truck driver attempted to veer out of the way but could not. The motorcyclist died at a local hospital, however, local authorities stated that the driver will not face criminal charges.

What Are the Main Casues of Accidents in Parking Lots?

Parking lot accidents can occur in various situations, such as when vehicles are backing out of a spot, turning out of a lot, or entering space simultaneously. Contrary to what many people believe, drivers are not automatically equally at-fault for a parking lot accident. Instead, courts treat these cases like any other vehicle accident. Insurance companies and courts make liability determinations by looking at the totality of the circumstances. However, even in cases where fault and liability are apparent, defendants may present affirmative defenses to avoid liability. For this reason, it is best to consult with an experienced personal injury attorney before filing your case.

Pursing a Maryland Wrongful Death Claim Following a Fatal Motorcycle Accident

December 10, 2021 | Lebowitz & Mzhen

Following a major accident that results in the death of a loved one, it can often feel overwhelming as you get their affairs in order and manage the fallout of losing someone close to you. If the death of your loved one was the result of another party’s negligence or carelessness, however, you may have grounds to file a wrongful death lawsuit—and hold those who are responsible for the accident accountable for their actions.

According to a recent news report, a 13-year-old boy was killed in a hit and run crash. Local authorities reported that a truck was driving north when it struck the boy, who was riding his bicycle. The boy was killed as a result of the crash and the pickup truck fled the scene. State highway patrol is seeking assistance from the public in identifying and locating the pickup truck involved in the crash, and the accident remains under investigation.

Following a major accident that is the result of the at-fault party’s negligence or carelessness, potential plaintiffs should consider filing a wrongful death lawsuit. Although the at-fault party in the case described previously may face criminal penalties for fleeing the scene in Maryland, this only results in criminal charges, rather than monetary compensation. To receive monetary compensation for their actions, potential plaintiffs must file a separate lawsuit in civil court to do so.

Maryland Motorcyclists Face Unique Dangers

November 30, 2021 | Lebowitz & Mzhen

Accidents involving a motorcycle can be extremely dangerous. According to the National Highway Traffic Safety Administration, motorcyclists were approximately 29 times more likely than those who ride in a car to die in a motor vehicle crash and 41 times more likely to be injured. So when a motorcycle driver is injured or killed in one of these accidents, they may wish to bring a lawsuit against the responsible party. To be successful in their lawsuit, the individual—the plaintiff—must prove the defendant was at fault for the accident and the plaintiff’s injuries. While it sometimes may be easy to determine who is at fault in such accidents, other times it may be more difficult to prove.

A motorcyclist was recently killed after colliding with a large truck. According to a local news report, the driver of the commercial pickup truck was attempting to turn left when it struck a motorcycle. The driver of the motorcycle—who was wearing a helmet—was taken to the hospital and later died of his injuries.

When accidents like this occur, it is important to determine who is at fault—especially in those instances when a lawsuit is brought. Because motorcycle drivers are more likely to be injured or killed in accidents involving a car, it is often assumed the motorcycle driver is not at fault. However, there are still facts a motorcycle driver must prove to prove the other individual caused the accident. The plaintiff can establish fault in a few ways.

Improper Left Turn Accidents Are a Leading Cause of Maryland Motorcycle Accidents

November 24, 2021 | Lebowitz & Mzhen

When motorcycle accidents take place, they can often have devastating consequences because they lack the shield that passenger vehicles provide to drivers and occupants. Among the various types of accidents involving motorcycles, however, left turn accidents account for nearly 36 percent of fatal collisions. Because of the vulnerability of motorcyclists, left turn accidents yield a higher likelihood of injury, and are often an understated danger when sharing the road with other drivers.

According to a recent news report, a 20-year-old motorcyclist was killed Sunday evening after being involved in a two-vehicle crash. Local authorities reported that the man was driving his motorcycle east when a westbound SUV attempted to make a left turn. The SUV began to make its turn when the motorcycle hit the SUV’s right side. The motorcyclist was transported to a local hospital, where he later died from his injuries. The accident remains under investigation.

Although it may seem obvious why left hand turn accidents occur involving motorcycles, a variety of contributing factors could lead to the collision taking place.

Lane Splitting in Maryland Motorcycle Accident Cases

November 19, 2021 | Lebowitz & Mzhen

The issue of lane splitting comes up in a number of Maryland motorcycle accident cases. Lane splitting refers to motorcycles driving on the lines between lanes, which allows motorcycles to go in between two vehicles to pass them. According to Maryland’s Code of Transportation, a person operating a motorcycle cannot drive “between lanes of traffic or between adjacent lines or rows of vehicles.” Thus, in Maryland, lane splitting is illegal. This means that on any roadway in Maryland that is divided into two or more lanes, anyone operating a motorcycle is required to travel to an adjacent lane before passing another vehicle. Motorcycles are entitled to the full use of a lane and other vehicles cannot deprive a motorcycle of the full use of a lane.

Why Do Motorcyclists Split Lanes?

Some people argue that lane splitting helps motorcyclists speed up the flow of traffic because there are fewer vehicles occupying a single lane. Supporters also argue that lane splitting does not increase the risk of injury to motorcyclists, that it may help remove the motorcycle from a dangerous situation, and that Maryland lane-splitting motorcycle accidents are less severe for motorcyclists than rear-end accidents. However, even where it is legal, lane splitting can be dangerous and motorcyclists have to exercise caution to do it safely.

Amplified Dangers for Maryland Motorcyclists

November 10, 2021 | Lebowitz & Mzhen

Although motorcycles and city scooters can often present a more mobile, agile, and compact way of getting around on a daily basis, they can also present a number of unique risks. Unfortunately, when compared to regular passenger vehicle accidents, motorcycle and scooter accidents are often inherently more dangerous. Understanding the additional risks that operating a motorcycle or scooter can pose can help you proactively avoid risky situations when operating one or can make you more aware of your passing motorcycles or scooters as a passenger vehicle driver.

According to a recent news report, a woman died after she collided with a truck while riding a Lime scooter. The woman crashed into the rear tires of a moving truck after she swerved into the roadway. Police pronounced the woman dead at the scene. Following an initial investigation, local authorities noted that there were no indications of alcohol involved in causing the crash. The accident remains under investigation, and further examination of the scooter and toxicology testing conducted by the medical examiner’s office is expected.

Scooters are not exactly the same as motorcycles, but they do share many of the same risks and issues when it comes to being more susceptible to accidents. As scooters have increased in popularity and are more accessible than ever in major metropolitan areas, accidents have increased as well. So, what is it exactly that causes motorcycles or scooters to be more likely to be involved in a collision that causes injury or even death?