Last month in Prince George’s County, one man was killed when the motorcycle he was riding crashed into another car after he ran a red light. According to a report by ABC 7, the motorcyclist was fleeing from the police when he ran a red light and T-boned a Hyundai that was going through a green light and making a left turn in the intersection. The accident occurred on Route 214.
The motorcyclist flew off the bike and onto the pavement, sustaining several trauma-related injuries. He was then taken to the hospital, where he died shortly afterward. The driver of the Hyundai was not injured in the accident, but he was found to be driving while intoxicated. Police arrested the man, although he was not at fault for the collision.
The motorcycle death marked the eighth over Memorial Day weekend, a period of unusually high motorcycle activity. Despite the fact that there are many motorcycles on the road, eight motorcyclist deaths over a single weekend is still a surprisingly high number.
Determining Liability With Multiple Drivers at Fault
It happens that the accident victim in this case survived the crash but was also found to be driving under the influence. The officers on the scene determined that the intoxicated driver was not at fault for the accident, likely because even a sober driver would not have been able to avoid the collision with the fleeing motorcycle.
However, it is easy to imagine a situation in which both parties involved in the accident are at least partially at fault. Under Maryland law, the general rule is that, in such a situation, neither of the parties would be permitted to recover.
Contributory Negligence in Maryland
Maryland law follows the legal doctrine of “contributory negligence,” which prevents any potential personal injury plaintiff from seeking relief from others if the plaintiff is found to be at fault at all. Even if the plaintiff is only five or ten percent at fault for the accident, he or she is not permitted to recover under Maryland law.
Despite the application of contributory negligence in Maryland courts, thousands of Maryland personal injury plaintiffs succeed in their suits each year because they have skilled attorneys at their side, adept at jury argument and litigation strategy.
Have You Been Injured in a Motorcycle Accident?
If you or a loved one has recently been injured in a motorcycle accident, you should speak with a dedicated Maryland motorcycle accident attorney as soon as possible. Although you may feel as though you were the victim, if the jury determines that you were at all responsible for the accident, it may prevent you from succeeding at trial. Therefore, it’s best to begin the process by speaking with a dedicated personal injury attorney. The skilled lawyers at Lebowitz & Mzhen, LLC have years of collective experience representing injured Marylanders and know what it takes to bring a winning case in Maryland courts. Click here, or call 410-654-3600 today to schedule a free initial consultation with a dedicated motorcycle accident attorney today.
More Blog Posts:
Prince George’s County Sees Four Fatal Motorcycle Accidents in Just Four Days, Maryland Motorcycle Accident Lawyer Blog, published June 2, 2014.
Driver Kills Motorcyclist While Texting and Driving and Fined Only $500, Maryland Motorcycle Accident Lawyer Blog, published May 19, 2014.