Maryland Motorcycle Accident Lawyer Blog

As a personal injury attorney practicing in the Baltimore area and representing residents of Maryland injured in bicycle accidents around the state, I have a detailed understanding of how an auto-bike crash can change the course of a person’s life. Whether it is a youngster riding a new bicycle around his or her neighborhood, or a teenager going to class at a local junior or senior high school, accidents can occur anywhere cars and kids on bikes meet.

Safety starts at home and parents can do much to instill in their children the correct and safe way to operate their bikes on public roads. Bicycle riding can be a pleasant way to commute and has always been a rite of passage for kids getting their first two-wheeler. But with this enhanced mobility comes added responsibility, both for the parents and the kids.

For most children, riding a bicycle throughout their neighborhood or to get to school can result in many wonderful childhood memories. But sadly, every year hundreds of kids are either killed or seriously injured in automobile-bicycle accidents. Making sure that your child does not become part of this tragic statistic is every mother and father’s goal. Here are a few tips on teaching kids about bicycle safety:

1) Be aware of your surroundings. One of the most important things you can teach your children is to understand the local traffic environment. This is especially important because kids usually haven’t honed their powers of observation by the age they get their first bike.

As a parent or guardian, you should try to teach your child to carefully observe their environment. This is critical to all other safety tips you give them for riding their bike near motor vehicle traffic. Insist that they keep their eyes and ears open at all times while riding a bicycle, even if it’s right in front of their own home in a quiet neighborhood.

2) Wear that helmet. While you can teach kids everything they need to know about safe riding, accidents can and do still happen, even to the best prepared riders. In such cases, it is very important that your child have as much protection as possible in the event of a crash. Wearing a properly fitted and right-sized helmet can make the difference between a minor accident with just bruises and scratches and a potentially life-threatening crash.

Continue reading "Maryland Bike Injury Update: Reducing Tragic Car-Bicycle Accidents by Teaching Kids Safe Riding Techniques" »

In Baltimore, Annapolis, the District of Columbia, and other municipalities across Maryland and the surrounding area, more and more people are riding bicycles as a way to reduce commuting costs and lead healthier lives. As a bicycle accident attorney and experienced personal injury lawyer, I know the freedom and invigoration that bike riding provides many in our community.

Unfortunately, with more people bicycling to work and school, the potential for bodily injury may also be on the rise. It’s not unusual for a rider to sustain broken bones and lacerations as a result of a collision with a motor vehicle, such as a passenger car, SUV or delivery truck. Instances of car-bike accidents usually increase with the higher traffic density found in medium and large metropolitan areas.

In an effort to alleviate, or at least limit the potential for traffic accidents involving bicyclists, our state legislature is doing its part to help cyclists have more rights on publics roads. According to news reports, the Maryland Senate this recently approved a measure requiring motorists to give bicycles, scooters and other personal transportation devices, such as Segways, at least three feet of space whenever possible.

Currently, passenger car drivers and operators of other motor vehicles are required to exercise "due care" when passing people on bicycles, however the Senate wanted the law to be more specific when it comes to two-wheel and personal transportation. As part of the proposed legislation, a measure has been included that would direct drivers to yield right-of-way at intersections when a cyclist is in a designated bike lane or lawfully riding on the shoulder.

Violation of these new proposed rules would result in a misdemeanor with an associated maximum fine of $500.

Senate wants drivers to move over for cyclists, BaltimoreSun.com, February 11, 2010

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

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

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

Even before people began riding their bicycles to save gas and money during this recent economic downturn, bicycling accidents were already a fact of life around Baltimor and other parts of the state. As personal injury lawyers, we at Lebowitz & Mzhen, LLC have first-hand experience with individuals who have been hurt in traffic accidents involving a bike. Numerous bicycle fatalities and lesser injuries occur each year as a result of another person’s negligence.

Sad to say, many bicycle accidents and the injuries received as a result are totally preventable. This goes back to my previous statement, which points the finger at motorists whose negligent actions cause the accident in the first place. Of course, that’s not the only cause. A percentage of cycling accidents are a direct result of a defective bicycle or equipment.

Bicycle crashes and other cycling-related accidents can cause severe injury, and sometimes death. Neck and head injuries are rather common -- in fact, many bicyclists suffer brain damage following a serious accident. Similarly, spinal cord injuries, nerve damage, broken limbs, and even permanent injuries are not uncommon as a result of these types of collisions. If an automobile is involved, a fatality is a frequent result.

If a cyclist is not killed in a car-bicycle accident, many times the financial costs -- medical and lost wages -- can be significant. Injuries can be so severe that reconstructive surgery or lengthy and expensive medical treatment is needed for a full recovery. It is important to remember that not all insurance companies are willing to pay for the costs incurred by an injured bicyclist, at least not without a struggle. Keep in mind, insurance companies employ their own lawyers in an effort to try and avoid paying claims due to bicycle accidents.

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. As skilled Maryland personal injury attorneys, my office can provide accident victims with valuable advice and representation. If someone else’s negligence has deprived you of your quality of life, your livelihood or your physical well-being, do not hesitate to seek compensation for your pain and suffering.

A recent news article said that the Annapolis Police Department reports two cyclists had been injured in a Maryland bicycle accident during a Friday morning commute. The injury accident happened when a motorist in a car parked along Main Street opened his vehicle's driver door apparently without checking the sideview mirror, causing two passing bike riders to collide with it.

One Annapolis bicycle accident victim was transported to Anne Arundel Medical Center; the other bicycle rider was admitted to the Maryland Shock Trauma Center.

Ironically, this Anne Arundel bike accident happened on "Bike to Work Day," a nationwide event that encourages people to ride their bicycles to get to work. Reportedly, the Baltimore Metropolitan Council sponsored numerous riding rallies in Baltimore City, Bel Air, Annapolis, Westminster, Columbia, and numerous other cities to mark the day. More than 1,000 bicycle riders placed their heels on pedals and headed off to work.

Baltimore has put in place 432 new bike lane miles and 80 new bike racks. Another 200 racks will be set up and 80 more lane lines added by the the end of the 2009.

2007 NHTSA Bicycle Accident Facts
The drivers of cars, trucks, buses, and motorcycles do share the roads with bicyclists, and it is important that motorists stay aware of these riders and take precautions to avoid getting involved in a traffic accident with a pedalcyclist.

In 2007, According to the National Highway Traffic Safety Administration:

• 43,000 pedalcyclists sustained injuries throughout the US.
• 698 pedalcyclists died.
• 7 of those fatalities occurred in Maryland.
• 1 of the bicyclist deaths occurred in Washington DC.

Just like motor vehicle drivers, bicyclists are entitled to certain rights when riding on Maryland roads, and pedalcyclists risk sustaining catastrophic injuries whenever they are involved in a Maryland traffic accident.

Baltimorians Bike To Work, ABC2news.com, May 15, 2009

2 bicyclists hospitalized after accident in Annapolis, BaltimoreSun.com, May 16, 2009

Bike to Work Day attracts record number of riders, Baltimore Sun, May 16, 2009

Related Web Resources:
Bike to Work Day 2009, Baltimore Metropolitan Council

National Highway Traffic Safety Administration