Earlier this month, one man was killed when he was struck by another vehicle while riding his motorcycle in Hagerstown, Maryland. According to one local news source, the accident took place around 11:30 in the morning near 25 East North Avenue.
Evidently, the motorcyclist was traveling west on East North Avenue when a Buick pulled out of Cramer’s Alley and onto East North Avenue. As the driver of the Buick pulled out, he struck the motorcyclist. The motorcyclist was knocked from his bike and was pronounced dead at the scene of the accident. The driver of the Buick was not injured.
Police arrived on the scene and called accident reconstructionists to help them understand what happened in the moments leading up to the fatal motorcycle accident. The county prosecutor has decided to await the results of the official investigation before deciding if criminal charges will be filed against the driver of the Buick.
Fatal Maryland Motorcycle Accidents
When tragedy strikes and a motorcyclist is killed in a Maryland traffic accident, the family of that accident victim is entitled to bring a wrongful death suit against the responsible party, seeking compensation for their loss. In order to be successful in a Maryland wrongful death action, a plaintiff must first show that they are a proper party to bring the lawsuit.
Maryland law divides potential wrongful death plaintiffs into two distinct categories. The first, called primary beneficiaries, consists of spouses, parents, and children of the accident victim. If a primary beneficiary exists, that party must be the one to bring the case. However, if no primary beneficiary exists, a secondary beneficiary can bring the case.
A secondary beneficiary is anyone who is related to the deceased by blood or marriage and is “substantially dependent” on the deceased. If a party does not fit within the definition of primary or secondary beneficiary, they are not permitted to file a wrongful death action.
Once a party is determined to be a proper plaintiff in a wrongful death case, they must then prove that the defendant’s negligent, reckless, or intentional actions were responsible for the death of their loved one. Proving this often requires substantial litigation, since parties are generally unwilling to accept legal liability absent compelling facts and circumstances. To learn more about wrongful death actions in Maryland, contact a dedicated Maryland personal injury attorney.
Have You Lost a Loved One in a Maryland Motorcycle Accident?
If you have recently lost a loved one in a Maryland motorcycle accident, you may be eligible for monetary compensation for your losses. In addition, you may be eligible to recover amounts for the medical bills your loved one incurred prior to their death. The skilled advocates at Lebowitz & Mzhen, LLC have decades of experience representing innocent families against those responsible for the deaths of their loved ones. Call 410-654-3600 today to set up a free consultation with a compassionate, knowledgeable attorney.
More Blog Posts:
22-Year-Old Dies in Left-Turn Motorcycle Accident in Timonium, Maryland Motorcycle Accident Lawyer Blog, published August 12, 2015.
Maryland Motorcyclist Killed in Gaithersburg U-Turn Accident, Maryland Motorcycle Accident Lawyer Blog, published July 24, 2015.