Maryland Motorcycle Accident Lawyer Blog

Baltimore has become a very popular city with cycling enthusiasts. However, with that popularity comes increasing number of cyclists on city streets, sharing lanes with passenger cars, motor-powered two-wheelers, large SUVs and commercial trucks of all types. Whether you’re an optimist or not, recent data may have bicycle riders grinning ear-to-ear while at the same time looking over their collective shoulders more than ever.

According to Transportation for America (TOA), the pedestrian and bicycle safety organization, over 76,000 Americans have been killed in the past 15 years simply crossing the roads in their very own communities.

As Maryland personal injury lawyers, I and my colleagues offer legal services to individuals hurt in bicycle and automobile-related accidents. Many of these accidents are caused, sadly, by the negligence of motorists or because of commercial trucking accidents. As injury attorneys, all of us have sensed the pain and seen the suffering that can follow a cycling accident resulting from a car or truck crash. It goes without saying that the medical costs associated with treatment and rehabilitation from such accidents can become quite expensive.

The TOA’s report on pedestrian injuries and fatalities nationwide ranked metropolitan areas in terms of accident frequency for persons on foot as well as on bicycles. The shocking part of the study for this office was the authors’ description of the total deaths across the nation as being equivalent to a commercial airliner crashing with a full passenger load once a month.

Transportation for America points out that nearly 4,000 children under 16 years have been killed so far in the 2000s. Based on the TOA’s numbers, the study stated that children, the elderly and infirm individuals, and ethnic minorities are over-represented when it comes to total death count.

The study also pointed out that while many pedestrian deaths (which in this case includes not only persons on foot but also bicycle riders) are typically termed “accidents,” suggesting an error either on the part of the motor vehicle operator or the person on foot or on his or her bike. However, the TOA stresses that a large percentage of supposed accidents occurred along roadways that were, as they term it, “dangerous by design.” This is to say, that maybe the blame should be aimed at poor roadway and sidewalk design, rather than at the drivers, pedestrians and cyclists who use those walkways and streets.

Continue reading "Maryland Bicycle Injury Update: Baltimore and D.C. Rank 29th and 32nd Nationwide in Fatal Traffic Accidents" »

Bicycle accidents, both fatal and non-life-threatening, have become more frequent as the warmer weather has drawn more and more cyclists out onto public roadways. Sharing the road is great in theory, but it takes the active participation of all parties. When motor vehicles and pedal-powered two-wheelers tangle it’s almost always the bicycle rider who gets hurt, or worse, killed. As Maryland bicycle accident attorneys, my staff has experience in the area of bicycle and pedestrian injury accidents.

Particularly in cities as vibrant as Baltimore, MD, bike riding is both a healthy way to exercise and a eco-friendly and low-cost method of transportation. Danger does exist and every bicyclist knows that the smallest mistake can result in serious injury or even death. Car, bus, taxi and delivery truck drivers also need to be especially vigilant during the summer months for cyclists traveling in urban traffic situations.

Not long ago an all-too-familiar and sadly reminiscent scene played out in a Worchester County courtroom. The hearing involved a 35-yearold Berlin motorist pleading guilty to manslaughter in the case of a June 2009 hit-and-run incident. According to news reports, Daniel Matthew Bren was driving along a Route 50 bridge when his vehicle struck two bicyclists in the roadway. The driver then left the scene of the accident, which left one cyclist dead and a second injured following that bicycle-automobile collision.

During the hearing, Bren reportedly struck an agreement with local prosecutors and pleaded guilty to negligent manslaughter by automobile, as well as to leaving the scene of an accident. A number of other charges that had also been brought against the man, including driving under the influence, were apparently dropped by prosecutors in exchange for the guilty plea in district court.

The presiding judge, Gerald Purnell, ordered a pre-sentencing investigation and remanded Bren into the custody of the Worcester County Jail. The judge said Bren could be in jail four to six months while that investigation is conducted. In Maryland, vehicular manslaughter carries a maximum sentence of 10 years in state prison. Leaving the scene of an accident with injuries calls for a one-year maximum sentence.

Man pleads guilty to OC hit-and-run, DelmarvaNow.com, April 20, 2010

A Washington, D.C., cyclist and well-known reporter for Science Magazine was struck and tragically killed by a five-ton National Guard transport vehicle being used to block a D.C. intersection for an approaching motorcade. The accident happened not far from the site of a Nuclear Security Summit being held in the Capital. The victim, 68-year-old Constance Holden of Northwest Washington, was pronounced dead at the scene. She reportedly was heading home from her office at the end of the work day.

Living and working in the Baltimore area, I and the other Maryland injury lawyers at our office know that bicycles make up a percentage of vehicular traffic in Maryland, Virginia and the District. As tragic as this bicycle accident was, it’s not the only one and sadly will not be the last.

Bicycle and motorcycle crashes, whether caused by the driver of a passenger vehicle or commercial truck, can be serious at best; fatal at worst. Like the one reported here, the odds of a rider being killed by a large motor vehicle are quite high. For those who survive such encounters, bodily injuries can range from cuts and bruises to broken bones and traumatic head or spine injury. Hospital costs for such extensive injuries can run in the tens of thousands of dollars.

In this particular case, a motorcade was on its way through the D.C. streets at the same time that many commuters were heading home from work. Among them, Holden was on her bike just after 6pm as she attempted to cross the intersection of 12th Street and New York Avenue. According to news accounts, a police officer told her to move back. As she did so, one of two National Guard trucks struck the woman.

Witnesses said that the height of the large trucks made visibility difficult. However, there reportedly was a ground guide on foot working to direct the larger vehicles, but that individual apparently missed the impending collision.

The D.C. National Guard reportedly has been part of the security contingent for motorcades such as the one that day, however at the time of this accident this was reportedly the largest gathering of world leaders in the city to date, which may have contributed to the potential for tragedy. The commanding general in charge said that there had never been a deadly accident such as this in the past.

Holden, also a talent artist in her private life, had been a reporter for Science since 1970, according to a statement from the journal's publisher, the American Association for the Advancement of Science. Among her awards was one from the National Mental Health Association for stories she wrote in 2003 on new developments in understanding and treating schizophrenia, depression and other mental health issues.

Bicyclist Killed in Collision With Guard Vehicle, MyFoxDC, April 13, 2010

Being a lifelong participant in any outdoor sport or activity would seem to prepare a person for the various and specific dangers involved. While this may be the case in general, when it comes to bicycle riding, safety must be paramount in a rider’s mind when negotiating public roadways with other automobile and commercial truck traffic.

As Maryland injury attorneys, I and my colleagues understand how even the simplest error in judgment can mean the difference between life and death on a city street or a country road. Such was apparently the sad case in a bicycle-auto crash not long ago that claimed the life of a father and husband.

According to news reports, the victim of the accident was a 43-year-old bicycling devotee from Owings Mills, MD. Lawrence Bensky was apparently an intrepid cyclist who would think nothing of riding his bike from Bel Air to Ocean City. Regardless of the difficulties, family and friends reportedly said nothing could slow this rider down.

Being a passionate cyclist, Bensky enjoyed riding and the challenges it presented. That all came to an end on a Tuesday afternoon in April when the rider and a friend where caught up in an unexpected crash that left Bensky dead at the scene and his 45-year-old riding buddy seriously injured.

Police reports indicate that the accident occurred near Butler and Falls roads in Baltimore County. The initial police investigation shows that 64-yrear-old Faith Frenzel was driving her Toyota Echo westbound on Butler Road around 4:30pm when she struck Bensky's bike as it was travelling on the shoulder of the road. According to reports, Bensky’s bicycle became lodged in the front of the car.

After hitting Bensky, Frenzel then struck the second rider, Joel Alan Wyman, with her vehicle sending both cyclists off the road. By the time emergency personnel arrived, Bensky could not be saved. Wyman was treated at the scene and then transported to Sinai Hospital, where he was listed in serious condition at the time of the news report.

Police said Frenzel had not been charged in the collision, but the investigation was ongoing at the time of the news article. Regardless of the outcome, it is obvious that more needs to be done in the area of bicycle awareness including what some advocate as the three-foot rule to help give cyclists some breathing room when automotive traffic is concerned.

Family recalls bicyclist killed in crash with auto in Owings Mills, BaltimoreSun.com, April 8, 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

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