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

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

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

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

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

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

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

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

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

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

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

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

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

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

It’s a tragedy when anyone dies, but fatal traffic accidents can usually be avoided. In the case of car-bicycle collisions, the bicycle rider is always the loser. As a Baltimore motorcycle and bicycle accident attorney, I have represented numerous victims of senseless auto, bike and motorcycle accidents over the years. The human toll is always severe in these cases. Sadly, a recent news article details yet another fatal Maryland bicycle-car accident.

According to a news article, Maryland State Police identified the body of a bicycle rider as that of 47-year-old Curtis Andrew Leymeister who was killed on the morning of October 5 while commuting on his bike. The accident occurred on Clarks Landing Road not far from the victim’s home.

The Hollywood resident was struck from behind by a Honda Accord driven by another local resident, 20-year-old Kathy May Lee. According to police, Leymeister was riding his bike west in the westbound lane of the roadway, near the intersection of Scotch Neck Road. Investigators said that the rider was in the travel portion of the roadway, centered in the westbound lane. And although he was going the right way, police reminded that he should have been on the paved shoulder.

The impact was such that Leymeister was thrown from his bicycle and died at the scene sometime after 8am, despite efforts by emergency medical personnel to save him. On factor in his death could have been the fact that he was not wearing a helmet, but police said that it is not known if protective head gear would have lessened his injuries. According to the accident report, the car had visible damage to its roof and windshield.

Police said the preliminary investigation indicates the car's driver was traveling within the posted 40-mph speed limit on her way to a college campus. However, it is a driver’s responsibility to be aware of all traffic and pedestrians in his or her immediate area, and this may not have been the case in this instance.

Bicyclist killed; struck by car in Hollywood, SoMdNews.com, October 7, 2009

A teenager riding his bike on Maryland Route 108 in Elkridge was struck and killed by a passing motorist. Fatal accidents involving bicycles and other two-wheelers happen frequently in the warmer months. Any time a young person loses his or her life it is a tragic event, not only for the family and friends of the victim, but for the community as well. Being a Maryland personal injury lawyer with experience in representing victims of car-bicycle accidents I’ve seen the terrible results of such events.

The recent accident that took the life of a 16-year-old boy happened near Lark Brown Road in Elkridge, MD. Young Benjamin Wortman was cycling eastbound on Route 108 just after midnight on Friday, August 28. Wortman was hit from behind by an eastbound Nissan Altima driving by Aaron Jacob Lorsong of West Friendship, MD. According to news reports, the boy was taken to the University of Maryland Shock Trauma Center in Baltimore. Wortman died from his injuries the following day.

Officers arriving at the scene of the collision noticed a strong odor of alcohol on the 26-year-old driver’s breath as well as slurred speech and a flushed face. As a result, Lorsong was given several field sobriety tests, which he performing poorly. According to police reports, upon searching his person, officers discovered two small plastic zip-lock bags containing heroin.

Lorsong, who was uninjured in the crash, was arrested and charged with driving under the influence of alcohol, causing a life-threatening injury while driving under the influence of alcohol, and possession of heroin. The man was released Friday from the Howard County Detention Center after posting $100,000 bond, but that was before the Elkridge youth died at the hospital.

In Maryland, vehicular manslaughter charges are equivalent to murder charges, which may be treated as a felony. Such a crime is punishable by a maximum of 15 years in prison, as well as an additional 2 to 3 years if the driver was under the influence of alcohol or drugs at the time of the accident. The driver who allegedly killed the teenager may end up facing years in jail for his mistakes.

Furthermore, it is not uncommon for victims’ families to pursue civil suits to recover for damages resulting from the loss of a loved one. Potential damages include those of psychological counseling and other expenses. An experienced personal injury attorney has the knowledge to assist victims or their families after tragic events such as this.

Elkridge cyclist, 16, dies after being hit by car, ExploreHoward.com, September 1, 2009

A tragic story of a bicycle rider killed in Ocean City, MD, recently came to light and it reminds us all of the inherent dangers that bike riders face when traveling on Maryland's public roadways. The accident happened on Maryland’s Coastal Highway as a 23-year-old woman was having a relaxing summer ride. While pedaling her bike across a pedestrian crosswalk, Kristin Anne Stormer was hit and fatally injured by a truck traveling in one of the southbound lanes.

As Maryland motorcycle and bicycle accident lawyers, our firm has represented many individuals injured in car-bicycle and auto-motorcycle collisions. While the road in question has a posted speed limit of 35mph, even at that relatively low speed a small car cna cause serious injury or even kill a bicycle rider. Without knowing the specifics, it’s difficult to say if the truck driver was responsible for this woman’s sad and unfortunate death.

Summer is a great time to be out and about. But whether you're riding a bicycle, a piloting a motorcycle or driving a car, even a relaxing trip along the coast must be done with a degree of caution. As motor vehicle operators and as bicycle riders, we all have a responsibility to follow the rules of the road. In this case, reports state that the woman may have been listening to an iPod while riding her bike. This is can be a dangerous activity for anyone operating a vehicle in traffic and it is actually illegal in Maryland.

According to reports, the driver of the truck had not yet been charged in relation to the accident, although an investigation was ongoing. Not long after this tragic event, another bicyclist was killed in an early-morning collision with a motor vehicle. The fatal crash happened on the Harry W. Kelley Memorial Bridge along Route 50 when a drunk driver plowed into two cyclists in an apparent hit-and-run accident. According to Maryland State Police, one of the cyclists, 41-year-old Edward Joseph Zisk, died at the scene as a result of his injuries.

In that incident, police reports indicate that the 34-year-old driver, Daniel Mathew Bren of Berlin, MD, hit the two bike riders from behind, then fled the scene in his 2006 Chevrolet Silverado. Police caught up with and arrested Bren shortly after the accident. He was charged with negligent homicide by motor vehicle while under the influence, driving under the influence of alcohol, and failing to remain at the scene of an accident involving the death of another.

These tragic incidents are a reminder to the rest of us that potential injury lurks around just about any corner. Whether you are a driver, a rider or a passenger in a vehicle, it pays to stay alert to potential dangers. If you or someone you love has been injured in an auto-related accident, we highly recommend that you seek the counsel of a qualified legal professional to handle your automobile accident, personal injury or wrongful death case.

Two cyclists die in resort roadway accidents, DelmarvaNow.com, June 30, 2009