According to a Maryland State Police news release, a 24 year old man died earlier this month, when his motorcycle collided with a car that allegedly failed to yield to his right of way along West Watersville Road in Mount Airy.
It was reportedly around 5 p.m. in the evening when the young man was riding his motorcycle along Watersville Road near Arrowwood Circle, and another driver was turning his car to the left, when he seemingly failed to observe the motorcycle rider’s right of way. As a result, the motorcycle crashed into the side of the car, and the rider was ejected from the bike. He was pronounced dead at the scene. The driver of the car and his passenger were not injured.
This was the fourth fatal accident to occur on Carroll County roads in six days. The Maryland State Police are conducting a continuing investigation into the incident.
We see this type of devastation far too frequently in motorcycle accidents, resulting in injury or death. An individual driving a car fails to observe the right of way of the motorcyclist, or otherwise fails to yield and causes an accident. However, unlike the individual traveling within the car, the person riding the motorcycle is not protected by the frame of a car, or even airbags; therefore, the motorcyclist absorbs more than a majority of the injuries. In this case alone, the driver of the car was reportedly completely unharmed, but the motorcycle rider died.
However, even if it may seem obvious to the individual hurt in a motorcycle accident that the other driver was at fault, liability is never assumed under the law, and it must be proved. Litigating a motorcycle accident case requires strategic decision-making regarding how to proceed, as motorcycle riders often face unfair and negative stereotypes, which can harm how they are perceived by potential jurors. Opposing attorneys will often seek to perpetuate these stereotypes regarding motorcyclists to their client’s advantage.
In cases like this one, the most likely sort of legal claim that would be brought would be a wrongful death claim, based upon the alleged negligence of the other driver. In order to be successful, the person bringing the suit on behalf of the plaintiff (those individuals who may do so are prescribed specifically by Maryland state law) will have to prove that the driver was driving in a manner that was not in accordance with a typical reasonably safe driver, commonly referred to as a reasonably prudent person. They will have to additionally demonstrate that this lapse was also responsible for causing the ultimate injury or death, as the case may be. Common examples of negligence in these types of cases include actions such as excessive speeding, failure to observe traffic signals, and failure to yield.
If you or a loved one has been injured in a Maryland motorcycle accident, contact the experienced motorcycle accident attorneys at Lebowitz & Mzhen, LLC. Our knowledgeable attorneys are dedicated to ensuring that you receive the compensation you deserve for your injuries. We have successfully represented many motorcyclists and their passengers who have been injured due to another driver’s negligence. Contact us today in order to schedule your initial complimentary consultation. You can reach us by calling 1-800-654-1949, or through our website.
More Blog Posts:
Motorcyclist Killed in SUV Collision in Queen Anne’s County, Maryland Motorcycle Accident Lawyer Blog, published June 4, 2013
Car Driver’s Failure to Yield Sends Motorcyclist to Shock Trauma in Critical Condition, Maryland Motorcycle Accident Lawyer Blog, published May 29, 2013