Here in the Baltimore area, as with parts of the District, Cumberland, Annapolis and Bowie, MD, hardly a week goes by that there isn’t a news report of a car crash involving a cyclist or pedestrian. These types of accidents are almost always “one-sided,” in that the person on foot or on his or her bike has little protection against a 3,000-pound car or even larger commercial delivery truck or 18-wheeler. In these instances, closed-head trauma, spinal cord injuries and broken bones can all be quite common.
The upcoming “Ride of Silence,” being undertaken by cyclists and bicycle clubs all across the globe, will hopefully raise the needed awareness regarding the dangers of car- and truck-bike crashes. While it is hardly reasonable to expect that all bicycle and pedestrian collisions can be eradicated through this or any other single effort, its heartening to think that even one person will not die in the future as a result of this mass demonstration of respect for those who have passed away as a result of senseless traffic accidents.
]]> According to news reports, the Ride of Silence is an international cycling event designed to promote public (read: driver) awareness of bicycle riders who share the road with motor vehicles. The message is simple: Cyclists who share the roadways with cars and truck are, in a word, fragile and deserve to be accorded some respect and consideration by drivers of much larger and potentially deadly car and trucks.The event, which place on May 16 this year, will begin at 7pm here on the East Coast as part of a global event that will sweep across every continent. The organizers hope that the effort, which has been around since 2003, will raise awareness through a silent ride through local streets and communities. The first ride was reportedly organized by Chris Phelan in Dallas, Texas, after a well-known endurance cyclist was killed as a result of being struck by the mirror of a passing bus while he was riding on his bike.
Here in Maryland, a number of scheduled rides will take place in Baltimore (starting from at the Baltimore War Memorial Plaza); in Hagerstown (from Hagerstown's Fairgrounds Park); in Olney, MD (leaving from the Harris Teeter parking lot in the southwest corner of the Fair Hill Shops); and in Rockville (at the Town Center Plaza near the Rockville Memorial Library).
Each of these events will begin at the appointed 7pm starting time. There reportedly are no sponsors, nor any registration costs. Organizers ask that people simply show up with a bicycle and a helmet and participate in the slow and solemn ride with no talking. In Rockville, riders will receive a police escorted for the 10-mile course through the city and its neighborhoods.
Ride of Silence to be held May 16, Sunne.ws, May 7, 2012
Whether you live or work in Gaithersburg, Rockville Annapolis or the District, even if you’re not a biker, you see motorcycles of all types on the road -- Honda’s, Harleys, Ducattis and Kawasaki’s, among others. Most automobile drivers who are not bikers may not understand the draw that these machines have on some people, yet the passion is unmistakable once one has had a chance to talk with a motorcycle owner.
What most non-riders may not understand is the apparently easy acceptance of the high risk and serious dangers that motorcycle riding presents on a daily basis to these enthusiasts. Despite the numerous stories of bike accidents and fatal traffic crashes involving motorcycles, to an outsider it would appear that none of these individuals cares about their safety. Of course, this couldn’t be farther from the truth, at least for most consummate riders.
]]> As a Maryland personal injury lawyer, I have seen first-hand the results of bike-related auto and trucking accidents. As the smaller vehicle in most any roadway collision, the motorcycle (and many times its rider) bear the brunt of the damage and injuries in a traffic accident. There is no one explanation for why even those injured in an earlier motorcycle crash get back on one of these machines, except to say that they love the sport and the feeling of freedom. As automobile drivers who spent their time riding in a closed car everyday, it’s fair to say the few of us “four-wheelers” will ever truly understand.On the downside, people do die from bike accidents, and on an alarmingly frequent basis. As Baltimore auto accident lawyers representing motorcyclists hurt in roadway accidents, we are all too familiar with the dangers. A few news article from earlier this year illustrate the consequences that can sometimes accompany a rider caught in a bad situation on their bike.
Motorcyclist Killed in Frederick County, MD, Crash
According to news articles, a female rider died after her bike apparently went off the road and crashed into a tree. Police reports indicated that the victim, Hanna Bragg, was riding her motorcycle along a stretch of Glissans Mill Rd. late on a Thursday evening when she reportedly failed to negotiate a curve. Police say the woman was headed east at the time of accident, which occurred shortly before 11:30pm. Emergency responders pronounced the woman dead at the scene.
No mention was made regarding whether or not the possibility of a mechanical defect or problem may have caused the wreck. Police reported that the Baltimore medical examiner’s office would conduct an autopsy to confirm the cause of death. Police did say that the victim was wearing her helmet at the time of the accident.
Essex Bike Crash Injures Dundalk Man
A Sunday morning motorcycle outing resulted in a trip to the hospital for one Maryland rider. According to Maryland State Police, they received an emergency call just before noon advising that a motorcyclist had gone off the road in Essex, MD. The rider, Richard Barton, was apparently traveling with a group of four other riders when his mount suddenly left the roadway and crashed. No details were available at the time of the article, however authorities believed that speed was not a factor and their may have been extenuating medical issues with the rider that resulted in the accident. The victim was transported to Bayview in serious condition.
One Rider Injured in Baltimore County Biking Accident
A motorcycle rider was reportedly injured following a crash along a portion of I-695 on a Sunday morning. The wreck occurred in the vicinity of Rte 702 and Pulaski Hwy, according to county officials. Based on news reports, the injured biker was transported to trauma center at Johns Hopkins Bayview Medical Center. No other information was available regarding the accident or the condition of the individual involved.
Hanna Bragg Dies In Frederick County Motocycle Accident, WUSA.com, February 25, 2012
Serious motorcycle crash in Essex, ABC2News.com, March 11, 2012
1 Person Hurt In Beltway Crash, WBALTV.com, March 11, 2012
]]>As Baltimore motorcycle accident attorneys, not to mention personal injury lawyers, we have the skills and training to represent riders of Honda, Yamaha, Harley-Davidson and Kawasaki motorbikes and all-terrain vehicles (ATVs) who may have been injured as a result of a traffic accident. Furthermore, we are always understanding of the families who may have lost a loved one as a result of a motorcycle wreck, either here in Maryland or over in the District.
Sadly, some accidents involving bikers do qualify as cases of wrongful death due to the negligence of another driver. Unlike the occupants of a car, sport utility vehicle (SUV) or commercial delivery truck, injuries sustained by a motorcyclist can easily be fatal in nature. These would include severe injury to crucial internal organs, spinal cord separation, and closed-head trauma (also known as traumatic brain injury).
]]> While adults are free to make their own choices, children are under more scrutiny by parents and legal guardians. As traffic accident lawyers, we can only point out that many children every year are being hurt or killed while riding the family ATV under the supposed supervision of their parents. Sadly, the mere act of supervising a child doesn’t necessarily mean that the boy or girl will not be hurt anyway.Accidents can happen in a blink of an eye. While many will choose not to heed this simple warning, it only takes one close call to make a convert out of formerly lackadaisical parents. In their defense, one could say that we all believe to some extent our kids have the necessary skill sets and physical capabilities to operate a small gas-powered vehicle with no danger to themselves. However, every year dozens of kids prove their parents wrong in this regard.
We bring this up mainly because of the findings published in a study by the American Academy of Pediatrics, which states that almost one-third of ATV accidents involve minor children. Another study, presented as recently as last November at a national gathering of the American Academy of Pediatrics, strongly suggests that lack of helmet use -- as well as multiple occupants -- by children on ATVs only adds to the injuries sustained by kids every year.
In one study, a researcher and his colleagues from the University of Iowa investigated almost 350 ATV-related injury accidents from 2002 to 2009. The study found that fewer than one-fifth of the riders in each of those cases was actually wearing a helmet. And although children were, in fact, more likely to be wearing a helmet that adults, according to the American Academy of Pediatrics, of those who were hurt as a result of a crash, 80 percent were male and 30 percent were children 16 years of age or under.
Calling the trend of ATV-related accidents an epidemic, experts presenting at the conference suggested one of the biggest factors in increased rate of ATV injuries can be attributed to the increased size, weight and speed of these off-road vehicles -- according to reports, some ATVs weigh more than 800 pounds and are easily capable of 80mph or more.
Rollovers are apparently an increasing danger, according to researchers. Based on comments from one of the studies, the 15 “adult-sized” ATVs that were examined had seat lengths from 22 to 35 inches long. Researchers noted that when traveling downhill (a common occurrence when riding off-road, we might add) the rider must fully extend his or her arms and by doing so position themselves toward the rear of the seat just to avoid a rollover condition.
The same study strongly suggests that avoiding a rollover when going up hill requires the same approach but in reverse; essentially leaning forward so as to position one’s self ahead of the rear tires in order to prevent a backward rollover. Shorter seats were suggested, if only to discourage multiple riders on a singe vehicle.
As observers, we can only say that any injury involving a child is unacceptable, especially in cases where it could have been prevented in the first place. Obviously, it goes without saying that any death of child or an adult, as a result of an ATV wreck is highly regrettable and steps to eliminate any intrinsic dangers posed by these and other motor vehicles should be investigated and corrected before any more families are exposed to such tragic events.
Lack of helmets, multiple riders contribute to pediatric ATV injuries, OrthoSuperSite.com, November 1, 2011
As Maryland personal injury attorneys, we understand how circumstances can place a pedestrian, cyclist or passenger car occupant in a serious traffic accident. While persons who are riding in a vehicle have a relatively good chance of surviving a roadway collision, those on foot or riding a bicycle have the odds stacked against them. Road accidents take many innocent lives every year in cities like Annapolis, Gaithersburg and the District. All we can do is advise caution at all times whenever you are in or near motor vehicle traffic.
For a while now, the planners for Baltimore County have been working on better and safer access for joggers, runners, bicyclists and all other pedestrians who share the road with cars and trucks. With input from numerous private citizens and other concerned parties, the county has been drafting the Western Baltimore County Pedestrian and Bicycle Access Plan.
]]> Described by officials as an action plan for the construction of pedestrian and bicycle access to the county’s western urban areas in the 1st, 2nd, 3rd, and 4th County Council Districts, the proposal is being developed by a committee of technical advisors, with representation from many areas including the local community, and state and county government.By identifying specific projects to be implemented, the plan provides for supportive encouragement, educational programs, as well as anticipated enforcement needs. Areas of specific interest to many recreational and sport cyclists, walkers, joggers and runners, as well as everyday pedestrians are outlined in the latest version of the plan.
Although current traffic laws provide bicycle riders with the ability to travel on most any of the county’s roadways, the creators for this plan understand that the design of many Baltimore County roads, as well as the dense traffic conditions and typical attitude of motor vehicle operators against cyclists have tended to, in the words of the planners, “discourage bicycling.”
Hopefully, by providing a range of improvements to existing streets and roadways, the new arrangement will help to accommodate bicycles in an environment heretofore dominated by motor vehicles. Naturally, any of these improvements, of which there will likely need to be many, will depend on the current width and other physical limitations of the existing streets, plus the speeds and volume of car and truck traffic.
There is too much content to be simply covered in this limited forum. But suffice it say that the day of a kinder, gentler cycling and pedestrian environment here in Baltimore County may be closer than ever before. In the meantime, keep your guard up and be careful near auto traffic. Anyone who enjoys the sport or pastime of bicycling will want to be around for its debut here in the city; and pedestrians, of course, will likely welcome any significant improvements to public safety.
Pedestrian and Bicycle Access Plan, CarrollCountyTimes.com, January 10, 2012
Western County Pedestrian & Bicycle Access Plan, BaltimoreCountyMD.gov
]]>Knowing that motorcyclists deserve the protection under the law, as Maryland personal injury attorneys and auto accident lawyers, I and my legal staff are prepared to represent those people who have been hurt in automobile, motorcycle, and commercial trucking wrecks. In cases where the rider died as a result of another person’s negligence, we typically represent the family of the deceased when they file a wrongful death lawsuit or other legal action against the negligent party or parties.
Now, it’s all well and good to say that individuals who ride a Harley-Davidson, Ducatti, Yamaha or Vespa take their lives into their own hands when venturing out onto the streets, but just as a rider accepts the consequences of his or her own actions, any driver who knowingly flouts the law or acts in a reckless manner on a public roadway must, too, be prepared to answer for any injuries or fatalities he may have caused while doing so.
]]> Whether one lives, works, shops or goes to school in and around Baltimore, Rockville or even Washington, D.C., the dangers of a potential motorcycle or passenger car accident are ever-present. For their own safety, most bikers make an ongoing assumption… that nobody driving a car or truck sees or pays attention to a person on a motorcycle. Considering that one is essentially invisible can and does heighten a rider’s alertness to many dangers that four-wheelers rarely, if ever, consider.But regardless of how well a motorcycle rider tries to keep himself alive, fate sometimes conspires against even the best of riders. We are reminded of this numerous times every month when we read of serious or fatal collisions between cars and motorcycle, or sometimes just a single-bike crash that takes the life of the biker. The following are just a few of the numerous news articles we see every year illustrating the potential hazards and consequences of motorcycle riding.
Man Dies following Harford County Truck-Bike Crash
A 69-year-old man from Whiteford, MD, died on a Saturday afternoon when his mount reportedly strayed across the centerline along a stretch of Dublin Rd and struck an oncoming dump truck. According to police reports, the crash occurred around 1pm as Ronald Krulock was heading eastbound toward Conowingo Rd. News reports indicate that Kyulock was ejected from his bike and throw some distance. Emergency crews transported the victim to Upper Chesapeake Medical Center, but doctors could do nothing for him and he was pronounced dead not long after being admitted.
Laurel Biker Killed in Possible Drunk Driving Accident
According to news reports, a 24-year-old Prince George’s County motorcyclist died in a late-night traffic accident when his Kawasaki slammed into a guardrail along a portion of the Beltway’s outer loop in Silver Spring, MD. According to reports from the Maryland State Police, the man was thrown from his bike upon impact. Police also believe that speed and maybe even alcohol could have been contributing factors in the fatal crash.
Following the single-vehicle wreck, Kevin Hinnant, was taken to Suburban Hospital for treatment of critical injuries. Sadly, doctors and hospital staff could not save the victim, and he died a short time after being brought in to the hospital by EMS crews. Based on news reports, Hinnant had survived a previous collision, apparently also on a motorcycle, when he ran over a pothole and crashed -- according to news reports, that 2009 accident left him with a concussion, from which he eventually recovered.
Single-bike Crash Kills Carroll Co. Rider
In a bike crash that occurred along a stretch of Maryland’s Rte 30 in Hampstead, a rider was fatally injured in a Sunday afternoon traffic accident. According to police reports, the wreck occurred around 4pm, when a 48-year-old Manchester, MD, biker apparently lost control of his Harley, which subsequently struck a curb and sent the man flying off the bike.
While police accident investigators were still in the process of determining the exact cause of the crash at the time of the news article, a single-vehicle accident can sometimes be the result of a mechanical failure, such as a blown tire, suspension problem or stuck throttle. Whatever the reason, the bike reportedly crossed the double-yellow centerline and hit the curb of the opposing lanes. The rider died at the scene.
Motorcyclist killed in Harford County crash, BaltimoreSun.com, February 18, 2012
Carroll County Man Killed in Motorcycle Crash, Patch.com, January 16, 2012
Laurel mother hopes son’s fatal motorcycle crash serves as warning, Gazette.net, December 30, 2011
]]>Bicyclists know this, and for the most part, cyclists do what they can to protect themselves from serious injury as a result of a crash with a passenger vehicle, commercial delivery truck or city bus. Pedestrians, as well, should be vigilant when walking or standing near busy intersections or when traversing crosswalks, but bicycles and their riders by the very nature of the sport must inevitably travel side-by-side with motor vehicle traffic. Sadly, accidents are bound to occur.
Given the relative frequency of car-bike and bicycle-truck collisions, its no surprise that state and municipal roadway engineers and civic planners are trying to create safer traffic arrangements in some parts of our cities and communities. With luck, these changes may go a long way toward alleviating the near-constant danger that some cyclists experience every time they venture out on their bikes.
]]> Whether used for commuting, shopping, exercise or just plain enjoyment of the pastime, a bicycle offers a low-cost and healthy alternative to driving. But, as we have stated many time before, the downside of bicycle use is the potential bodily injury of a traffic accident. As Maryland personal injury lawyers, my staff is well aware of the range of injuries that can be sustained in a bike-car roadway collision. And, for some of the unlucky riders, a fatal bicycle accident may await them as well.While there is nothing that can bring back a person killed in a senseless auto, truck or motorcycle accident, sometimes justice has a way of helping the victim’s family reach some degree of closure, especially in the case of fatal hit-and-run accidents. A recent news story brought this topic to the fore, where police were apparently able to use DNA evidence to connect a suspect vehicle with a hit-and-run crash that occurred last summer.
According to news reports, half a year following a bad traffic accident that landed a Glen Burnie cyclist in the hospital with severe injuries, police were able to find the vehicle and charge its owner in connection with a crash that happened back on July 14, 2011, along a stretch of Crain Hwy. near Georgia Ave.
Police reports indicate that, at the time of the accident last summer, 41-year-old Marco Garcia was riding his bicycle in a legal portion of the roadway when a gray passenger car allegedly hit him and then drove away from the scene of the accident. Following the early-morning hit-and-run crash, Garcia was transported to a trauma center with severe injuries.
Based on statements from witnesses, police began a search for the suspect vehicle. In less than a week, thanks to tips coming in from a “look-out” description, police located a vehicle matching witness accounts. The car, a 2005 Chevrolet Cobalt with some windshield and front-end damage, was seen in a parking lot in the Severn, MD, area. Investigators contacted the owner and had the vehicle impounded for search and analysis.
During the investigation, police were able to collect DNA evidence from the car itself; evidence that linked the vehicle to the injured cyclist. In early January, police charged the car’s owner, 57-year-old John Correlli of Baltimore, with a number of traffic violations, including failure to remain at the scene of an injury accident and negligent driving.
DNA sample connects car to bike accident, Anne Arundel police say, January 19, 2012
As Maryland personal injury attorneys, I and my colleagues have first-hand experience in representing individuals hurt as a result of highway traffic wrecks. Since a percentage of motor vehicle collisions involve people on motorcycles, there are numerous news stories every year illustrating the dangers of being hit by a car or commercial truck while operating a Harley, Honda, Yamaha or Kawasaki.
Whatever one’s personal feelings about the using a motorcycle helmet, riders in Baltimore, Annapolis, Gaithersburg and even in Washington, D.C., are required by law to wear an approved helmet at all times while on public roads. It’s a fair bet that most of the driving public believes that a helmet can help protect a biker from serious head injury -- such as closed-head trauma -- in the event of a bad motorcycle crash.
]]> Those who prefer to let a rider choose, we can understand somewhat those arguments that focus on personal freedoms, but the question arises: If the mandatory wearing of a motorcycle helmet is an infringement on an individuals freedom of choice, then how about mandatory seatbelt laws, or child safety seat legislation? Are personal freedoms that important when the safety of a child or an adult are at stake?Although many states already have helmet laws, some -- like South Carolina, which offers its residents the option of wearing a helmet after age 21 -- are strengthening their statutes by requiring all riders be protected. The state of Tennessee is looking to repeal its helmet law. Could this be a trend? If so, there are many people on either side of the argument who would not be happy about these changes.
Some bikers -- typically those who are against mandatory helmet laws -- feel that every individual must accept the consequences of his or her decisions. And apparently they have no qualms about the downside of that argument; namely that by choosing not to wear a helmet, some riders may find that they reap unanticipated consequences for their actions. The American Motorcyclist Association (AMA) itself supports limited government regulation on these kinds of issues; this backs up many in the biking community who believe that a rider should assume the risk of not wearing a helmet if he or she so decides.
However, while some may try to compare legislation requiring mandatory seatbelt, helmet and child safety seat laws to that of the recent recommendation by the National Transportation Safety Board to ban all cell phone use on public highways, the question sometimes reflects the cost to society as a whole and less on the rights of the individual.
Whether practical or not, banning cell phone use by drivers in order to reduce accidents has its merits when it comes to protecting others on the road. But mandatory safety belt use in most cases doesn’t necessarily protect other drivers from the actions of an unbelted driver, yet seatbelt laws are recognized by most as a good idea, if only when considering the physics of a car or trucking-related accident.
According to a recent news article, some medical professionals say that Tennessee’s proposed repeal of its current helmet law is not a very good idea. That particular law would allow riders 21 and over to decide for themselves if they will or will not wear a helmet.
Now, doctors are certainly a group that can speak knowledgeably on the efficacy of helmet use by motorcyclists. And according to news reports, physicians and staff of Vanderbilt University Medical Center have voiced strong opposition to the repeal of the state’s current law, maintaining that motorcycle helmets do save lives and also reduce health care costs for everyone.
Based on traffic accident data and medical reports, some experts point to the fact that the repealing of longstanding motorcycle helmet laws resulted in a jump in serious injuries as well as an increase in treatment costs for those motorcycle accident victims. This, according to news articles, includes predictions in a rise of both acute health care as well as long-term rehab and/or permanent disability costs.
Again, this can be looked at from the standpoint of mandatory safety belt use. Like seat belts, say some experts, helmets reduce the chances of serious injury. For bikers, these injuries can include deep brain injuries, which typically result in long-term disability for the patient. Furthermore, experts say that data shows a motorcyclist suffering from a traumatic brain injury faces reduced possibility of a return to a productive life.
Is personal freedom worth the risk? Does individual freedom trump the financial risks to society as a whole? These questions are simple, but the answers are far more complicated. Voters, legislators and the courts will likely be wrestling with these and other divisive issues for many years to come. Meanwhile, we should all do our best to drive safely and protect the lives of ourselves and our families.
Balancing rights, social order; MauiNews.com, December 23, 2011
Mandatory Helmet Bill Prefiled in South Carolina Senate, WSPA.com, December 9, 2011
]]>This discussion is not hypothetical, it happens every day to many people across this country who have reached the point of being unable, either physically or mentally, to control a motor vehicle safely -- at least in the eyes of their family; others, who either do not have caring family member living nearby, or through some type of serious traffic mishap, may be forced by the state to relinquish their driver’s license.
For many drivers, it must be said that losing one’s license due to incapacity may be one of the more difficult chapters in the aging process. The term between Maryland driver’s license renewals is what one might call a sweet spot -- a time when, as long as we cause no serious car accidents or receive too many citations for traffic infractions -- each of us can relax and not worry about being retested until our next operator’s license renewal.
]]> As Maryland personal injury attorneys, we understand that as people get older, a percentage of that group begins to experience problems with memory and a gradual reduction in physical abilities. Many of the mental and physical skills necessary to qualify for a driver’s license can certainly be lost to old age. If this happens close to an upcoming renewal date, the State can evaluate the individual for proper understanding of traffic laws; but this is only in a perfect world.For many drivers who are getting up there in years, their abilities may slide quickly and too soon for a driver’s license test or other official evaluation to perhaps keep a person of questionable abilities from getting a license. Certainly, increasing a driver’s license renewal term is not the best approach when considering elderly drivers.
We were recently reminded of this issue when reading a news article that discussed one family’s opposition to a proposed increase in Maryland’s driver’s license renewal period -- from five years to eight. According to news reports, the opposition came from the family who lost a son to a car-bicycle accident in 2011. The driver of the car -- an 83-year-old woman -- was allowed to keep her operators license for several months following the accident.
At the time of the crash, in February 2011, Johns Hopkins University student Nathan Krasnopoler was hit by the woman’s vehicle as she attempted a right turn, but instead of turning onto a true public street, she ended up going down a bike path, on which Krasnopoler was riding. The woman’s car hit the bicyclist, who was severely injured in the subsequent collision; sadly, he died in the hospital later in August.
According to recent news articles, the man’s mother and his brother were trying to convince the Maryland Senate Judicial Proceedings Committee to reject a bill (S.B. 111) that would reportedly allow drivers to retain their driver’s license for eight versus ten years. Worried that the bill would make Maryland roads more dangerous, Krasnopoler’s relatives said that passing of the potential legislation would only go toward reducing safety on our streets.
Stating that eight years is too long a period for those over 40-years-old to hold a driver's license without some kind of regular testing, the family reportedly wanted any legislation to require mandatory competency testing for drivers. At the time of the article, competency testing was used by the Motor Vehicle Administration only at the request of a driver or his or her family. The object of mandatory testing would be to more readily determine if a driver's skills have deteriorated to the point of making it difficult for that person to safely operate a motor vehicle on public roads.
The family was also reportedly seeking additional legislation that would impose up to eight points on the license of any driver who failed to notify authorities if they became involved in a car or truck accident leading to the serious injury or death of an individual.
Mother of accident victim opposes license renewal bill, WBAL.com, February 4, 2012
Family Of Hopkins Student Hit By Car Speaks Out On License Extension, WBAL.com, February 02, 2012
]]>When we hear of biking-related injuries, it’s natural to think immediately of children. In fact, according to the Centers for Disease Control in Washington, D.C., youngsters under 15 years of age typically account for more than half of the bike-related injuries every year; based on statistics from 2001, 59 percent of emergency room cases involving a bicycle injury happened to a child 15 years or under.
When cyclists mix with motor vehicle traffic, the stakes increase for the bicycle rider many times over, if only because larger and heavier cars and commercial trucks are less forgiving than another bicycle or a pedestrian. Based on figures from 2009, 630 bicyclists died as a result of a car or trucking-related traffic accident. That’s almost two cyclists a day, every day, killed by a motor vehicle.
]]> For areas of high vehicle density and with younger, more active residents -- such as the Baltimore area -- one can only imagine that fatal bicycle-car accidents happen more frequently than elsewhere in the country. While the majority of bicycle injury accidents do not necessarily involve a motor vehicle, records from the National Highway Traffic Safety Administration (NHTSA) indicate that more than 50,000 riders were sent to the hospital in 2009 as a result of a crash with a car, truck or other motor vehicle.Apparently, not all of these accidents are, just that, accidents. Some of these crashes become more of a criminal act, especially when a driver leaves the scene of a traffic accident; case in point, a wreck that occurred about six months ago in the Annapolis area when a bike rider was struck by a hit-and-run driver. That incident was recently discussed in a news article after police identified the vehicle involved in the crash.
According to news articles, a 30-year-old Pasadena, MD, resident was charged last month with the hit-and-run car-bicycle accident along a stretch of Forest Dr. last August 23. Based on police reports, the victim was a 20-year-old man who was hit from behind by a minivan. The injured cyclist received serious injuries as a result of the collision and was transported by emergency personnel to the Maryland Shock Trauma Center in Baltimore.
Police eventually located the minivan and its driver after an apparently long and involved investigation that resulted in charges being brought against Jason R. Bowen. According to reports, the suspect is now facing various allegations including failure to stop at the scene of an accident involving bodily injury, negligent and reckless driving, and failure to use due care to avoid a pedestrian collision, among others. Bowen was reportedly released on $100,000 bond pending a future court appearance.
Annapolis Police Charge Pasadena Man in Hit-and-Run, Patch.com, January 20, 2012
As Maryland personal injury lawyers, we understand that alcohol regulating authorities can only do so much within the law, which is why we have civil courts and personal injury law. Whether one lives in Baltimore, Rockville, Howie or the District, underage drinking is wide-ranging problem. But many would argue that it doesn’t need to be exacerbated by the apparently lax standards and loose policies demonstrated by some drinking establishments across this nation.
Not only do bars, pubs, restaurants and convenience stores have a responsibility to follow state laws against serving liquor to underage individuals, their actions (or inaction) can result in greater consequences than simply that of contributing to the delinquency of a minor. As evidenced by this particular story, many underage kids possess driver’s licenses and regularly operate motor vehicles on public roads.
]]> Of course, an automobile, motorcycle or commercial trucking accident can just as easily be caused by a legal-age adult as it can an underage driver. The point here is that traffic accidents involving alcohol or drug use are frequent enough without opening the door for younger, underage drivers to make that deadly roll of the dice. Fatal car accidents happen; there is no argument. But bars and restaurant owners need to do their part to limit the opportunity for less experienced drivers -- typically underage teens -- to get behind the wheel while intoxicated.According to news articles, Acme Bar and Grill has felt the wrath of the Annapolis Alcoholic Beverage Control Board and will have its license suspended for the next couple weeks, starting on February 10. This is not to say that everyone agrees with the decision, but considering the tragic result of the alleged violation, many might say that it was a good start.
Based on reports, the punishment meted out to Acme was one of the more significant decisions against a liquor-serving establishment in recent times. But one can be certain that the controversy will rage on. For example, some local experts argue that underage drinking on the night in question involved more what some have described as a fraud and conspiracy based on lies. According to new articles, one of the victims, 19-year-old Kelcey Silva and her brother, Acme's head doorman at the time, may have been the primary source of the deception.
Based on reports, the doorman that night allegedly never asked the two victims for their IDs; nor did any of the wait staff, or anyone affiliated with Acme, request that the two show them their identification. This is according to the Annapolis Police Department's attorney, Jefferson Blomquist, who added that apparently nobody in the bar’s employ ever asked the two about their drinking alcohol that night, prior to the fatal traffic accident.
Furthermore, surveillance video from that evening indicate that only Silva and the other victim, 20-year-old Craig E. Eney, Jr., bought liquor at the bar. An underage friend of Silva's helped carry drinks, while a couple other underage friends received drinks while sitting at a table. One of the questions that this incident raises is where did the responsibility begin and end for the owners of the bar, their employees and the victims themselves.
Acme Facing Fines, Losing License for 2 Weeks, Patch.com, February 3, 2012
Never mind the sometimes incredible cost of medical care and rehab expenses, a person injured as a result of a car-bicycle collision can suffer from extreme bodily distress, including compound fractures of the arms or legs, spinal cord damage, internal injuries and, many times worst of all, closed-head trauma (also known as traumatic brain injury).
As Maryland personal injury attorneys representing individuals injured or killed as a result of another person’s negligence, I and my staff know the pain and discomfort that comes in the wake of a devastating car, truck or motorcycle crash. Pedestrians and bicycle riders are not immune to such incidents, since they also share the road from time to time with other, larger motor vehicles.
]]> No one can say for certain whether the road to recovery for any one person will be easy or hard, but what is generally understood is that the more serious or life-threatening an injury, the longer the recovery period. We were reminded of this simple fact upon reading a story about a Maryland school principal who only returned to his job in mid-December following a bad traffic accident last summer.According to reports, Frank Vetter -- previous principle of Urbana Middle School and now principle of Middletown Middle School in Frederick County, MD -- was injured while riding his bike back on July 17, 2011. The accident occurred, according to police reports, at the intersection of Maryland Rte 85 and Lilypons Rd.
Although his memories of the incident that day are far from complete, Vetter did say that he recalled seeing a car coming at him and his face hitting the vehicle’s windshield. Based on news article, Vetter was apparently thrown more than 25 feet from the point of the impact with the automobile. Following the car crash, as he slid in and out of consciousness at the roadside, Vetter recalls that someone said he would need to be medevaced to a hospital.
Once emergency responders arrived on the scene, the injured cyclist was choppered to the R Adams Cowley Shock Trauma Center in Baltimore. Following a couple of surgeries, Vetter ended up staying in the hospital for almost a week; then returning home for physical therapy that was to continue into the new year.
The man’s apparently excellent physical condition -- due to his training for triathlons and other physical events -- played a positive role in his recovery. All the same, he was knocked out of commission for the better part of five months following the accident; just an example of the severity of such a collision and the time needed to get back to health.
Although Vetter is a former triathlon competitor and runner, he has stated that he may not be in too much of a hurry to get back on his bike. “I physically can ride,” he told reporters, “and mentally…technically I can get on the bike.” But, he adds, “My family worries about me on the bike.”
Familiar face back at helm of Middletown Middle School, Gazette.net, December 15, 2011
While not always a valid excuse, the fact is that when a driver fails to recognize a nearby rider in traffic, the potential resulting accident can turn out to be very serious to the point of being life-threatening. After a bike crash, the needed medical treatment and potential rehab, which may also be required, can add up to extensive hospital bills. A rider who incurs such costs following an accident caused by another negligent driver should consult a qualified personal injury lawyer to better understand his or her options vis-à-vis recouping those medical costs from the responsible party or parties.
As Maryland personal injury attorneys, we have the skills and training to handle motorcycle-related accident cases, which we have already established can often be due to the negligence of another driver in a car- or truck-related accident. Furthermore, it’s a fair assumption that the majority of motorcycle riders are safety conscious despite the negative stereotypes typically portrayed on television and in the movies.
]]> In the final analysis, statistics will show that riders are involved in both minor and serious accidents; some of those crashes are fatal, life-threatening or could eventually result in long-term or permanent paralysis -- this last kind of condition being the result of closed-head trauma or possibly spinal cord injury. In any case, riders must always balance their enjoyment of riding a bike ride with the ever-present risks of operating a smaller, faster vehicle in heavy traffic.If one needs any more of a reminder, studies have shown that more than 150,000 individuals across the country are sent to the hospital every year as a result of motorcycle accidents. Take the average number of fatalities each year -- nearly 5,000, based on past years -- and consider that motorcyclists are about four times more like to die in a roadway crash than that of automobile drivers and passengers.
Those figures are based on 2004 statistics, which were generally worse than earlier in the ‘90s when nearly five percent of nationwide traffic deaths involved motorcycle riders (2004 saw nearly a doubling of that figure to about nine percent).
One of the more scary things is that Maryland law treats motorcycle accidents differently from car and truck wrecks. This is due to differences in insurance policy coverage between autos and bikes; for example, under Maryland law (Section 19-505(c)(2) of the Maryland Insurance Code) the Personal Injury Protection (PIP) coverage provided to motorists by most insurance companies in cases of a car or truck accident does not apply when a person is injured on a motorcycle.
Ironically, though if one is not covered by PIP under most policies when hurt while riding a bike, if someone causes one’s bike to fall over on them while it is parked (essentially while one is a pedestrian) PIP coverage will usually apply. Oddly, motorcyclists -- as consumers -- might expect their insurance policies to provide good protection, here in Maryland the law tends to protect the insurance companies from loses due to motorcyclists who are injured when on the road.
Similarly, if a biker is injured by an uninsured driver, the situation is complicated when injuries are concerned. If you take a ride on another person’s bike and get into an accident with an uninsured/underinsured motorist, the uninsured motorist benefits provided under your own insurance policy may apply. However, if you own a motorcycle and a car on the same policy (or, even on different policies), the policy limit as provided for your bike will apply to that accident even though you may have a higher uninsured benefit on your car or truck.
The lesson, here in Maryland, would be to maintain high coverage limits -- including uninsured motorist coverage -- on any and all vehicles that you drive. Also, it would be advisable to contact a motorcycle accident attorney following an injury accident. Information is power, and any amount of advice is better in the long run than no advice at all.
]]>Add to their slim profile, most bikes are fairly fast and even quick to stop, putting less-than-inattentive drivers of four-wheeled passenger cars and 18-wheel commercial trucks in danger of running into them both coming and going. Insurance companies understand the dangers of motorcycles, to the point of making their policies less than attractive, or even placing certain motorcycle models on a list of “uninsurable” vehicles.
For anyone who hasn’t had a close call with a motorcyclist, as Maryland personal injury attorneys who represent bikers injured in traffic collisions, we can say that even the best drivers can be caught unaware by the “sudden” appearance of a bike in the roadway ahead of them. But it is conceivable that even police officers who have been trained in all manner of traffic safety, defensive driving and emergency situations, could from time to time be surprised by a motorcyclist.
Late last year, a news article described an accident between a biker and a marked police cruiser in the North Laurel, MD, area. According to news reports, a 43-year-old rider was sent to the hospital after a collision with a police car on Rte 216 near the Leishear Rd. intersection.
]]> Police reports indicate that Frederick Adkins was riding his Harley-Davidson Sportster westbound in the left-hand lane of Maryland Rte 216 a little before 10am. At the same time, according to reports, a Dodge Charger police car belonging to the Howard County Police Department (HCPD) was going south along Leishear Rd. -- the patrol car reportedly had its lights and audible siren in use at the time of the incident.Apparently the traffic signal was red for the officer just prior to the accident and, based on police reports, the cruiser slowly eased into the intersection. As it did, the motorcyclist reportedly struck the front portion of the police car; apparently the force of the traffic collision caused the rider to be thrown from his mount. The victim, a resident of Columbia, MD, was transported to University of Maryland Shock Trauma Center where he was reportedly listed in stable condition at the time of the news article. The Howard County patrolman, Pfc. Bryan Mason, was uninjured, according to news reports.
Based on news articles, the Traffic Enforcement division of the HCPD was in the process of investigating the collision, however an initial statement from police authorities indicate that one contributing factor in the wreck was the biker’s failure to stop and yield to the approaching police car.
This could be a difficult situation for the motorcyclist involved in this traffic accident, since police officers are supposedly trained for situations such as this. In order to determine the extent of responsibility on the part of the patrolman or the police department would require a deep investigation by an experienced personal injury lawyer well-versed in accidents involving motorcycles. Regardless, such a case should at the very least be discussed with a Maryland motorcycle accident attorney to better understand one’s options.
North Laurel Police Car Crash Sends Motorcyclist to Hospital, Patch.com, November 13, 2011
As Maryland personal injury attorneys, I and my staff have in-depth knowledge of the state laws and statutes covering traffic accidents, cost recovery following various types of personal injury, as well as the legal rules and guidelines that govern the insurance industry’s coverage of drivers, riders and passengers of various motor vehicles. As we mentioned above, the insurance laws governing individuals hurt while riding a Harley-Davidson, Honda, Ducati or any other kind of motor bike are somewhat different than those that apply to persons injured while riding in a car or truck.
Because of our experience in handling motorcycle-related personal injury cases, we know that most non-riders (that is, drivers of four-wheelers) are usually surprised to learn that the majority of car-bike and truck-bike collisions are caused by negligence on the part of the automobile or truck driver, not the motorcyclist as many tend to believe. Perhaps it’s the rough and tumble, so-called bad-boy image of the biker typically portrayed in movies and on TV; but the fact remains, most riders are conscientious and safety-oriented individuals.
]]> That said, this doesn’t mean that every biker avoids becoming caught in some rather horrendous traffic accidents; they do, and the results can be serious if not down right deadly. This is unfortunately what makes riding a motorcycle both highly exhilarating, as well as very dangerous at the same time. When it comes to the typical car-bike crash, studies have shown that more than 80 percent of multi-vehicle accidents involving motorcyclists are the result of negligence on the part of the car or truck driver.One of the reasons for this is likely the fact that motorcycles can come to a stop much quicker than a typical passenger car, and therefore those riding bikes are far more likely to be rear-ended by a car than the other way around. This is especially true when the person operating the car or truck is tailgating or following much too close to allow for the shorter stopping distance of a typical motorcycle.
Another cause of car-bike crashes is the result of an automobile or commercial truck not yielding the right-of-way to a biker. This may be due to the typical and all-too-common statement that the driver of the four-wheeler never saw the cycle and rider until it was much too late to avoid the collision.
While it may be said that automobile and truck drivers are more than likely the negligent party in a traffic accident with a motorcyclist, the more painful truth is that -- regardless of who is at fault -- a biker is reportedly more than 20 times as likely to be killed in a roadway collision than any occupant in a passenger car. Based on this sad, but widely understood statistic, it is understandable that more than 150,000 riders are sent to the emergency room every year in this country; and thousands of motorcyclists die annually in the U.S. as a result of car-bike collisions.
Following a motorcycle accident, and the medical treatment and rehabilitation that may be required as a result, one must consider recovering those costs from the responsible party or parties. We’ll cover that here in the future in one of our next installments. Meanwhile, ride safe and keep the shiny side up.
]]>As Maryland personal injury attorneys, I and my legal staff are constantly hearing and reading about pedestrian and bicycle accidents thought the state. While these kinds of traffic collisions are, perhaps, less common than truck or car accidents, they nonetheless can be very serious and many times fatal.
We’ve covered numerous pedestrian-versus-car crashes over the years, but cyclists are even more at risk than pedestrians in some respects due to the fact that bike riders tend to share the road with motor vehicles much larger and more massive than themselves and their relatively flimsy aluminum and steel bicycles. Helmets and other protective gear can only help reduce injuries, because when it comes to a very serious collision with a car, truck or bus, the bicyclist is more often the loser.
]]> This is why we were not the least surprised to catch a story aimed at cyclists, which tries to prepare frequent bike riders for that next, inevitable biking accident. Seeing as a bicycle accident can result in severe injuries to a person’s body -- possibly resulting in lacerations, contusions, broken bones and even closed-head trauma -- this article is probably a must-read for the active biker and even the occasional cyclist.The number one thing to remember is that biking is a dangerous pastime. As a sport, or for those who cycle to work or school on a regular basis, the danger of being involved in a bicycle-related traffic collision is more or less constant, especially in densely packed cities like Baltimore or D.C.
Key to surviving any bicycle crash is to wear a helmet; followed closely by obeying traffic laws and, as the author suggests, joining a local riding group (at the very least, for the “safety in numbers" approach). In a group, if any one person is injured on the road, someone else in that group can call for help immediately. Time can sometimes make the difference between a full recovery and weeks or months in a rehabilitation facility.
Once a crash has occurred, one needs to get out of traffic, but carefully depending on one’s injuries. As the author of the article suggests, move safely away from traffic if you can, but if a rider is injured and not lying in the path of traffic, stay still and take your time to make a thorough assessment of your injuries. (It’s important to remember that initially you may not realize how injured you may be due to the extra adrenaline provided by your body -- this initial dose of adrenaline can easily mask an injury.)
Don’t feel as if you have to “play through the pain” following a bicycle accident. If you are even just slightly hurt or a bit shaken up, seriously consider calling a friend to pick you and your bike up. There is little sense in risking a second accident in the same ride because the shock of the initial crash might have compromised your ability to recognize or react to another traffic threat.
If you think you can continue, assess carefully any damage to your bike. Bicycles are precision machines, but they are also rather fragile -- especially when compared to a human being. You might be okay, but your bike may have serious mechanical damage that might need attention -- do not assume it’s fine; check the wheels and tires, the front and rear brakes, and the handle bars and steering. If anything is loose, fix it; then test it in a safe location. If you can’t fix the bike on the roadside, call a friend or walk your bike safely home.
Of course, as the author makes quite clear, all of the foregoing information assumes that the rider is conscious and in good mental and physical shape. If not, there is one recommendation from the author that might be a life-saver -- this is, wearing or carrying some kind of emergency instructions for first responders. Keeping so-called “In Case of Emergency” information visible on your person, will help you speak to rescue personnel when you, yourself cannot.
Any emergency ID should, according to the author, include your name and the name and contact phone number of someone else. There should also be medical information that might be important to a paramedic or ER doctor. Finally, never assume that the information stored in your cell or smartphone will be accessible; it may not be if you phone was broken, destroyed or otherwise lost in the crash.
By reminding oneself before each bike outing that there are risks to riding a bicycle, you can keep safety in the forefront of your mind as you head out amidst the cars, trucks, buses, pedestrians, dogs and squirrels, all of which will be vying for your undivided attention. Consider, as the author points out, thinking through each of the steps you need to take in order to avoid an accident. And, be prepared to adjust your accident plan on a regular basis as circumstances dictate. Better safe and prepared than sorry and ill-equipped to react to an emergency. Good luck and stay safe.
Planning for the Inevitable Bicycle Crash, Patch.com, November 8, 2011