Maryland Motorcycle Accident Lawyer Blog

It won’t be long before the promise of spring weather entices more and more cyclists out onto the roads in and around cities like Annapolis, Bethesda and D.C., among others. As Maryland traffic accident injury attorneys, the staff at Lebowitz & Mzhen, LLC can see a shift toward greater environmental consciousness, so it’s not surprising that more people are using bicycles to get to work, school or even to the store for some light shopping.

Unfortunately, even though more riders are out on the roads, our traffic laws and driver awareness are apparently behind the times. What does this mean in terms of increased traffic accidents and bicycle riding injuries? According to a recent editorial, the percentage of people using bikes for transportation has been on the rise for nearly 20 years, with no expectation that this trend will change any time soon.

To accommodate this increase in two-wheeled traffic, engineers and traffic planners have been working to update the state’s infrastructure and to encourage cycling and create a more safe environment for autos and bikes to coexist. There has also been a call for improved and updated legislation as well.

According to many cycling advocates, some laws unnecessarily restrict safe cycling or where cyclists can ride or park their bikes. There are other laws that haven't really caught up with current technology, which makes our public roads more dangerous for all users. There is also a cry for increased protection for those more vulnerable users or to punish negligent car and truck drivers.

Some suggest that Maryland replace contributory negligence with comparative negligence. Maryland, Virginia and the District of Columbia are three of only five "states" that use contributory negligence to establish damage awards in civil cases. Under this standard, if an injured road user was even one-percent at fault for a crash involving another road user that person would be unable to recover damages unless he or she could prove that the other road user had the "last clear chance" to avoid the accident.

Last clear chance involves proving four separate facts about the crash, all of which must be true, and can be difficult to prove. This is why it is always important to have an experience legal professional on your side in personal injury cases.

The majority of jurisdictions around the county use some form of comparative negligence, which allows the injured party to recover some of their loses even if they were partially to blame. Contributory negligence is a favorite of big business and the insurance industry, however it punishes victims who are disproportionately pedestrians and cyclists.

12 ways our region could reform bicycling laws, GreaterGreaterWashington.org, January 22, 2010

Regardless of your level of experience in riding motorcycles, accidents can and do happen. Whatever you ride, be it a cruiser, chopper or crotch-rocket, the dangers on Maryland’s urban and rural roads are many and varied. As a personal injury and motorcycle accident lawyer serving residents of Baltimore, Annapolis, the District and the rest of the state, I have seen the results of bike crashes and the bodily injuries that can be sustained.

Traffic accidents are inevitable with so many cars and trucks on the road. But even when multi-vehicle accidents -- that is a truck- or car-motorcycle collision -- there are always the single-bike accidents to consider. Whether a wreck is caused by defective equipment such as a poorly maintained fork assembly, worn-out wheel bearing or bad brakes, or by an external cause, the outcome can be serious.

Motorcycles provide much fun and excitement, but they also must be respected. High speeds and rider inattention are a recipe for disaster. Whatever the cause, a motorcycle crash can cause severe injuries including broken bones, scrapes, gashes and road rash, traumatic brain injuries and spinal damage. Maryland’s helmet law is something that has saved many lives, but a helmet can’t keep a rider from making a fatal mistake or underestimating local conditions.

It wasn’t long ago that a couple, likely out for a pleasure ride was in northeast Maryland when one of the worst possible events occurred. According to police records, a deer darted out in front of the motorcycle on which the man and woman were riding. In an effort to avoid the animal, the driver attempted to steer the bike to one side. Based on the news reports, the bike may have been traveling to fast to recover from the maneuver and still stay on the roadway.

According to the news coverage, the motorcycle crash occurred near Fair Hill in Cecil County, MD. The couple’s motorcycle reportedly left the road and struck a fence throwing the riders off the bike. The driver, 27-year-old Kevin Kitts and his 28-year-old passenger, Astra Agularia, were injured in the accident. Emergency responders arriving on the scene treated the two and then transported for further treatment.

It would appear that the Ms. Agularia received the most severe injuries, due to the fact that she was taken to University of Maryland’s Shock Trauma Unit in Baltimore following the crash. The driver was taken to Christiana Hospital, but was released the same day according to the news.

People injured in Sunday motorcycle accident identified, CecilWhig.com, November 11, 2009

A motorist from Fairplay, MD, was ordered to pay $140 as a fine stemming from a 2009 accident that seriously injured an 8-year-old boy riding his bicycle. The fine, which was for negligent driving, was levied against Meghann Marie Weaver, 21, by the Washington County District Court. The accident occurred on August 27 along a stretch of Jordan Road. As a Maryland personal injury attorney, I have seen numerous reports of car-bicycle accident during my career -- those that involve children can be the most tragic.

In this case, while the child was not killed in the accident, one of the young rider’s legs had to amputated at mid-shin. According to reports, he has been undergoing rehabilitation at the Kennedy-Krieger Institute in Baltimore. Unfortunately, this youngster will carry with him a life-long disability as a result of another person’s negligent behavior.

According to court records, other charges of reckless driving and driving a vehicle in excess of reasonable and prudent speed on a highway were dropped by the prosecutor’s office. Based on the police investigation, alcohol was not a factor in the accident.

News reports, show that there was no indication that drugs or alcohol were involved in the accident, which ruled out a reckless driving charge according to the Deputy State’s Attorney Steve Kessell. That left only speed as a factor, he said.

The boy who was hurt in the accident, David Greeley, suffered compound fractures to both legs and a head injury when he was struck by Weaver’s Pontiac Grand Am around 7pm on that day. Weaver was cresting a hill when she struck the boy on his bicycle. Young Greeley is a third-grader at Fountain Rock Elementary School, not far from where the accident occurred.

Woman pays fine in crash injuring 8-year-old, Herald-Mail.com January 6, 2010

There are proposals being put forward that could go a long way toward increasing the number of bicycling enthusiasts who choose Baltimore as their home. Of course, with an increase in bikes, there will also be an inevitable increase in cycling accidents, including car-bike collisions, severe truck-bicycle wrecks and even fatal traffic accidents involving bicycles, as well as bike-pedestrian crashes.

As a Maryland personal injury lawyer handling bicycle accident cases, I and my colleagues know the pain and suffering that can accompany a bike-auto traffic collision. Unfortunately, the laws of physics are on the side of the automobile, which means cyclists must be on their game 110 percent if they want to survive in an urban traffic setting.

According to news reports, Baltimore’s city counsel is looking to make Baltimore streets safer for cyclists, and in doing so encourage a whole new group of potential resident to make this city their home.

Of course, it’s well known that Baltimore's congested and pothole-ridden streets pose many hazards to cyclists. Numerous bikers have been hit or forced off the road by negligent motorists. Even drivers who care about cyclists don’t always consider these smaller two-wheeled vehicles due to a lack of bicycle awareness programs.

Still, a number of laws have been proposed recently by City Councilwoman Mary Pat Clarke that are aimed at encouraging more people to travel by bike while also making our city streets safer for bicycle riders. This would seem to be all for the best since cycling is great for the environment and great for a person’s health. Many younger people enjoy biking, which is one reason that the Clarke feels Baltimore could become a “bicycling city.”

Initiatives include creating lanes exclusively for bikes, requiring bike parking facilities at workplaces and new buildings, and adopting a "complete streets" philosophy to include the needs of cyclists and the safey of pedestrians in road projects.

One of the easiest and most beneficial change that has been proposed is altering the orientation of sewer grates. Currently, many or all grates run parallel to flow of traffic, which can cause a bike’s wheel to become caught in the gap and flip a rider. The law would require the openings to run perpendicular so that wheels can roll over them without incident.

According to news articles, many of these proposed measures have been inspired by the unfortunate death of John R. "Jack" Yates, a 67-year-old cycling enthusiast who suffered fatal injuries when his bike became entangled in the rear wheels of a truck. Yates was an activist who counseled young people and collaborated with Councilwoman Clarke on various community projects in the past.

The measures, which will be aired during City Council hearings in February, will reportedly dovetail with Baltimore’s 2006 bike master plan, according to city’s transportation department, which oversees bike and pedestrian planning.

Proposals seek to encourage more cyclists and to make Baltimore streets safer for them, BaltimoreSun.com, December 27, 2009

Every year in Baltimore, Annapolis and other cities and towns across Maryland, dozens of bicycle riders are injured or killed by inattentive motorists on city boulevards, suburban streets and country roads. As Maryland bicycle accident lawyers and personal injury attorneys, our firm is aware of the dangers present on our public roadways.

Cyclists have next to no protection when it comes to a collision with an automobile, sport utility vehicle or pickup truck. Commercial vehicles pose even greater threats to bike riders; accidents involving semi tractor-trailers or urban delivery vehicles can many times be fatal. Minor cuts and bruises are nothing compared to broken bones, deep lacerations and other life-threatening injuries such as spine and brain trauma.

Avoiding injury on a bicycle is one of the key jobs of a cyclist, yet there are many other ways to protect oneself while peddling around town. It is important to remember that under Maryland law bicycles are considered road-going vehicles, which means bicycle riders have the same rights and responsibilities as drivers of cars and trucks.

The biggest drawbacks to riding a bicycle in traffic is that riders are less visible and much quieter than cars, not to mention having no protective sheetmetal surrounding the operator. Sadly, this mean that even the slightest mistake by a cyclist can mean the difference between living another day or dying from a fatal traffic accident.

Hear are a few suggestions (and laws) for every rider to remember the next time he or she takes to the street on that shiny two-wheeler:

-- Bicyclists fare best when they act like and are treated as drivers of vehicles
-- Most crashes occur during daylight hours; May through September
-- A helmet must be worn by anyone under the age of 16 who rides a bicycle on public roads, bicycle paths, or other public property
-- A bicycle may not carry an additional passenger unless specifically designed for the task
-- A rider must not wear a headset or earplugs that cover both ears
-- Bicycles must obey the same traffic laws as cars
-- Cyclists should ride in the same direction as automobile traffic
- -Wear reflective gear after dark and have a working light on your bike

For more information visit http://www.choosesafetyforlife.com/bicycle.htm

It may be hard for most riders to swallow, but summer is over. The recent blizzard that hit the East Coast made that abundantly clear. Still, when the snow melts and roads dry out for a day or so, there is always at least one diehard motorcycle enthusiast who cannot let a a single sunny day pass without firing up his Harley, Honda or Ducati -- even with temperatures hovering just above freezing.

As a Maryland motorcycle accident lawyer, I have met some dyed-in-the-wool bikers and for them I suggest extreme caution when riding during what many consider the “off season” for motorcycles. But it isn’t just the weather that should concern motorcycle riders. I’ll pose the question here: Could fewer bikes on the road result in car, SUV and pickup truck drivers becoming less conscious of a motorcycle in their blind spot?

It is understood that automobile-motorcycle collisions can be one of the more deadly traffic accidents. Because of this, every rider should be watchful no matter what the season, but especially on those unusually pleasant winter days, not to mention when springtime comes to our state.

Right now there may be fewer motorcycle riders out on Maryland roads, but that doesn’t mean that there will be fewer accidents, at least on a percentage basis. My main concern here is for the safety of cyclists wherever they may be. As a rule, it is always important to share the road with all vehicles. If car and truck drivers took more responsibility and drove more attentively, motorcycle accidents could be reduced dramatically all year round.

If you or someone you know has been injured on a motorcycle as a result of the car or truck crash, it is vital that you act quickly to secure professional legal representation before agreeing to any insurance settlement.

Maryland State Police last month charged a Hollywood woman with negligent driving in a fatal traffic accident that left a local bicycle rider dead. Police state that 20-year-old Kathy May Lee contributed to the October 5 accident that killed Curtis Andrew Leymeister, a 47-year-old resident of St. Mary's County.

As a Maryland personal injury lawyer, I and my colleagues understand the extent of possible injuries that a bicycle rider can receive in a car-bike crash. More often than not, the result is fatal for the cyclist. In this particular case, the cyclist was struck and killed on Clarke's Landing Road and was apparently riding in the middle of his lane.

According to police, Leymeister was riding his bike west in the westbound lane of the roadway just before 8am when he was struck from behind by a Honda Accord driven by Lee. Every driver is obliged to be aware of the situation around them, and this is especially important when bicycles or pedestrians are present. Reports indicate that the local prosecutor recommended that the motorist be charged with negligent driving, which includes fine of $280.

Based on the police investigation, Lee was apparently distracted from her driving, as well as having morning dew still on her windshield when police arrived. Police reports show that the woman had a partially obstructed windshield and that she was preoccupied as she was reaching for a cigarette lighter.

The prosecutor’s office said there were no indications that Lee was texting or otherwise using a cell phone when the collision occurred, and that there were no contributing circumstances amounting to gross negligence, which is defined as a wanton and reckless disregard for human life. Authorities say that there was no alcohol and no indication of speeding, nor any indication of other conditions that would constitute reckless driving.

Motorist cited in bicycle fatality, SoMDNews.com, November 4, 2009

The dangers of biking in an urban setting were brought home again recently during a memorial ride held in honor of a local Baltimore bicycle enthusiast who was killed in a traffic accident last August. Sixty-seven-year-old John Yates was killed in a truck-bicycle accident by a hit-and-run trucker while he was riding near the intersection of West Lafayette and Maryland Avenues.

At the time of the accident, police investigators said that a truck struck Yates as it was turning left onto West Lafayette. Witnesses at the scene reportedly told police that Yates became entangled beneath the rear wheels of the tanker truck. The cyclist suffered fatal injuries, including severe trauma to his left leg and abdomen. As a Maryland personal injury lawyer, I can tell you that accidents between trucks and bicycles rarely come out well for the cyclist, which is why riders must be especially watchful whenever they mix with other vehicles on the road.

According to police reports, the man’s widow said that he had been running errands on his bike that day before the deadly truck-bike crash occurred. Yates reportedly headed to the University of Baltimore to make certain his registration was in order as he prepared to begin work toward his third master's degree -- he planned to become an alcohol and substance abuse counselor.

About 80 cyclists participated in the memorial ride through North Baltimore in early November. The second annual Tour De Greater Homewood was also known this year as the Jack Yates Memorial Ride.

According to news reports, the Greater Homewood Community Corporation organized the ride; Yates was one of the group's board members. Organizers had hoped the event would raise awareness about bicycle safety. Seven people have died in bicycle accidents every year in Maryland from 2005 through 2008, according to State Highway Administration figures.

At the time of the ride police had still not identified the truck driver who killed Yates. However, police also believe that the drive may not have been aware that the collision occurred and therefore left the scene. In fact, law enforcement authorities have said that a surveillance video camera recorded the event and showed that Yates was apparently at fault. A lawyer representing the Yates family stated that the video also shows that the truck driver did not signal he was making the turn.

Cycling community rides to honor one of its own, BaltimoreSun.com, November 9, 2009

A word to the wise: It doesn’t matter how good a cycle rider you are, motorcycle accidents can happen to the best riders. Tragically, motorcycle accidents can be very unforgiving to many motorcyclists. As motorcycle accident attorneys, I and my colleagues understand how sudden a fatal traffic accident can occur; many motorcycle-car accidents can spell danger to bike riders. Just recently, a veteran police officer and avid motorcyclist lost his life while riding to work.

According to news reports, an 42-year-old off-duty Baltimore County officer was killed in late October when his cycle nearly collided with a car about two miles from the Parkville Precinct station. Officer Jeffrey Neral, a 17-year member of the department, was riding to work around 1pm on his 2009 Harley Davidson southbound on Old Harford Road when he approached a 2002 Ford Focus, a police spokesman said.

The car's driver, 26-year-old Pei Kao had just left Loch Raven Presbyterian Church in the 9300 block of Old Harford Road. To avoid a collision, Neral laid down the motorcycle but was subsequently thrown from it and hit the driver's side of Kao’s automobile.

Neral was taken by a county Fire Department ambulance to Good Samaritan Hospital, where doctors tried to save him. Unfortunately, he died shortly thereafter. The article did not say whether or not the officer suffered any type of brain trauma, however the police report showed that Neral had been wearing his helmet. Kao was not injured in the accident.

According to news reports, this was the second fatal accident involving a county police officer in a little more than month. On September 24, 32-year-old Detective Jason Simons of the Towson Precinct died following a crash on Route 88 near the village of Cooperstown.

Baltimore County officer dies after motorcycle accident, BaltimoreSun.com, October 26, 2009

Even the most simple of traffic incidents can turn a pleasant motorcycle ride into a fight for life. That was the case in mid September when a 36-year-old man crashed on his cycle after a run-in with a small deer not far from his home. The partners at Lebowitz & Mzhen, LLC have the background to help persons who have been injured on a motorcycle. In cases such as this one, a relatively small animal caused the rider to be thrown from his bike nearly 50 feet, which resulted in very severe injuries.

According to a news report, Charlie Buckheit was riding his motorcycle along Bodkin Avenue when a small doe leapt in front of his bike. Although it was a small deer, about 100 pounds or so according to his wife, the collision was sufficient to knock Buckheit off his bike.

At 265 pounds, the rider was large enough to weather the hit with the deer, however a lighter person may have been killed by the crash. According to his wife, the man landed in a pile of grass and leaves, which may have softened his landing. He was also wearing a helmet, which was probably an important factor in his survival -- it’s not uncommon for motorcyclists to suffer fatal traumatic brain injuries in accidents such as this one.

In regard to this crash, the man's injuries were extensive. According to reports, Buckheit broke nine ribs, his collar bone and his shoulder blade. The impact also punctured both of his lungs and caused bleeding in his brain -- the crash also resulted in injury to the right frontal lobe of Buckheit's brain; he floated in and out of consciousness for several weeks at the hospital.

The news article reminded of the danger of brain injuries, and as the man’s wife suggested there will be a long road to recovery. “We still don't know what's going to happen," Buckheit’s wife Tammy said. “We won't know the full effects of the brain injury for a full year."

The man returned home after spending a full month in the hospital. The costs of that stay will likely cause a burden on the family, even though he reportedly will receive disability checks equal about 60 percent of his income as a driver for Annapolis beer distributor, Katcef Bros. His wife plans to work from home as long as she can, but she may have to take an unpaid leave of absence to continue to care for her husband and keep costs low.

Community rallies around injured baseball coach, HomeTownGlenBurnie.com, October 14, 2009

It’s sad to say, but most bicycle accidents are completely preventable. As a Maryland personal injury lawyer, I know how out-matched a bicycle is next to larger and more massive passenger cars. A collision between the two almost never goes well for the cyclist. Head and back injuries, broken bones and minor scratches and bruises are all results of car-bike crashes. Fatalities are often very common in car-bicycle crashes.

Recently, a Maryland youngster was very lucky not to have been killed when he was struck by a car on Twin Rivers Road in Columbia, MD. The accident happened around 6pm on October 12. According to news reports, a Ford Focus driven by a 61-year-old Columbia woman was traveling westbound along Twin Rivers Road when it approached two cyclists riding along the right-hand side of the road.

According to police, as the car was about to pass the two bikes, 14-year-old Sergial Brown allegedly made an abrupt left turn directly in front of the vehicle. The boy was struck by the car, but was thankfully not killed. Emergency crews arrived at the scene and treated the teenager, then he was transported by Maryland State Police helicopter to Johns Hopkins Hospital, where he was reportedly listed in good condition.

The driver, whom police identified as Sandra Leland of the 5600 block of Harpers Farm Road, was not injured, according to police. At the time of the news story, an investigation was ongoing, but police did not anticipate charging the woman with any violations.

In this case, the boy was lucky, but he may have sustained some serious injuries that might only become evident years from now. When it comes to car-bicycle accidents, many times the financial costs can be significant. Injuries can be so severe that reconstructive surgery or lengthy and expensive medical treatment is needed for a full recovery.

This is why it is extremely important for anyone who is injured in any kind of accident involving a bicycle to retain a qualified personal injury attorney who is well versed in handling these types of injury accidents.

Cyclist, 14, hospitalized after crash with car, BaltimoreSun.com, October 14, 2009

Motorcycle riding season is drawing to a close for the most part, but accidents are still quite common. As Maryland personal injury lawyers, Lebowitz & Mzhen LLC provide aggressive representation to motorcycle accident victims and their families. We understand the pain that relatives experience at the loss of a loved one. Sadly, fatal bike crashes are not uncommon in Baltimore, D.C. or any of the cites and towns throughout our state.

Toward the end of October, a Carroll County resident died when his motorcycle hit an oncoming passenger car head-on at a high rate of speed in Westminster. In such cases, the survivability of the rider is quite low. According to news reports, Cpl. Mario DeVivio was heading northbound on Route 97 in an unmarked police patrol vehicle when a motorcycle pulled out in front of him.

Edward Nicholas Dill was riding a 2004 Yamaha when Officer DeVivio signaled him to pull over. Instead, the 28-year-old allegedly fled, accelerating away from the police car and disappeared from the view.

According to police reports, Dill traveled about a quarter-mile before crossing the center line in a curve and striking an oncoming Ford Fusion. The force of the impact threw the motorcyclist more than 20 yards from the site of the collision. Emergency personnel arriving at the scene treated and transported the rider by state police medevac Maryland Shock Trauma Center. Unfortunately, doctors could not save the man, who died about four hours after the collision.

According to news reports, an investigation at the scene revealed that the motorcycle had been reported stolen by the Penn Township (PA) Police Department a little more than one month earlier on September 17.

Cyclist dies after head-on collision with a car in Carroll, BaltimoreSun.com, October 20, 2009