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