Maryland Motorcycle Accident Lawyer Blog

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.

According to the author, Maryland should seriously consider adopting the so-called Three-foot Rule, which could make the roads safer for everyone. This call follows an observation that many cycling fans find riding a bike much too danger for their taste.

Does riding a bicycle really have to be so dangerous? One suggestion to bring a balance back to the car-versus-bike equation is adding bike lanes. There are, says the writer, a number of simple legislative options that can go further than road markings would.

Adopting the three-foot safe-passing distance law is one such approach that is under consideration (H.B. 461) in the Maryland General Assembly. Sponsored by Delegate Jon Cardin, at the time of the article it was stalled in the Environmental Matters Committee. Apparently the co-chair of that committee, Delegate James Malone, opposed a nearly identical bill last year mainly over concerns of enforceability.

The author points out the genius of this legal option, which requires no dedicated funding and would mandate that motorists give three feet between themselves and a cyclist under most circumstances (unless there is already a bike lane one the road or if the cyclist isn't following certain state requirements).

Can it work? According to the article, 14 states and the District already have versions of the law currently in effect. There are numerous pros and cons, but if lives could be saved and injuries reduced, why not consider it?

To make our roads safer for bicycles, Maryland should adopt the '3-foot' rule, BaltimoreSun.com, March 21, 2010

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.

Based on reports the accident occurred sometime after 5pm in the afternoon when a white 2009 Ducati ridden by 31-year-old Deven Rachar Blackshear collided with a van and one other vehicle in Waldorf, MD. News articles said that Blackshear was traveling north on Route 301 near Route 5 when his motorcycle collided with a 2005 Chrysler Town & Country minivan that apparently pulled out out of a parking lot onto the path of the oncoming bike.

Upon hitting the Chrysler, the motorcycle and rider were apparently thrown into the oncoming path of a southbound Chevrolet HHR. Responding to the accident scene, rescue workers transferred the rider to a Maryland State Police helicopter for transport to Baltimore Shock Trauma for treatment of serious head trauma and a broken neck. The man was later pronounced dead as a result of those injuries.

The occupants of the Chrysler were also injured. Thirty-three-year-old Abigail Jaye Nabors, who was driving the Town & Country minivan received facial injuries, and a toddler, who was riding in the back seat of the van and whose injuries were unknown, were both flown to Children's Hospital in Washington D.C.

A 16-year-old driver and 46-year-old passenger in the HHR were unhurt in the accident and did not require any medical attention. According to Maryland State Police, speed does appear to be a contributing factor in this crash.

Motorcyclist Dies, Two Others Injured in Waldorf Crash, TheBayNet.com, March 23, 2010

Waldorf Man Dies in Three Vehicle Motorcycle Accident, SoMD.com, March 28, 2010

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.

Police investigators piecing together the accident scene determined that the rider, William "Shawn" Jacobs, had the right of way when Holyoke turned. The man’s 2008 Harley Davidson hit the side of Holyoke’s car causing the man to be thrown off the bike.

Paramedics responded quickly to the car-motorcycle accident, treating the rider, who investigators discovered had also been drinking that night, then transporting him to the Maryland Shock Trauma Center in Baltimore. He never made it to the hospital, suffering a cardiac arrest on the way. He was pronounced dead just after 3am.

A witness to the accident followed the woman, who drove to a local gas station where police eventually caught up to her and took her into custody. At the police station Holyoke’s blood-alcohol content (BAC) was measured at 0.19 percent, more than double the legal limit for driving. At sentencing she could face up to 15 years in jail and a $15,000 fine -- however, state guidelines call for probation to two years in prison.

Woman pleads guilty in fatal crash, HometownAnnapolis.com, March 26, 2010

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.

The civil suit, which was filed in Baltimore Circuit Court on behalf of Yates' wife, son and daughter, alleges negligence by the driver, Michael Dale Chandler, and his employer, Potts & Callahan Inc., a demolition, excavation and equipment rental company. The suit seeks compensatory damages.

The attorney representing the Yates family contends that Chandler and his employer were negligent because a surveillance video shows the driver turned right without signaling. The lawyer also points out that the driver made the turn without checking to be certain that the path of the vehicle was clear and free of traffic, meaning cyclists or pedestrians.

On the other hand, police investigators had found that Yates was at fault because he was riding in parking lanes and attempted to pass the truck on the right -- an illegal maneuver in Maryland, according to Agent Donny Moses, a city police spokesman.

Although Chandler did not stop following the incident, investigators do not believe the driver was aware of what had happened. "You roll over a body in that size truck, it's kind of like rolling over a pebble," Moses added.

According to authorities, police found the vehicle two days after the collision at Potts & Callahan's service yard. DNA testing of hair and blood on the truck's tires confirmed that the samples belonged to Yates, police said.

Family of bicyclist killed in city accident files $5 million lawsuit, BaltimoreSun.com, March 5, 2010