Earlier last month, two men were killed when the motorcycles that each of the men were riding collided in a tragic fatal accident. According to one local news source, the accident occurred on the 11500 block of Laurel-Bowie Road, near the intersection with the Baltimore-Washington Parkway, on a Sunday morning.
Evidently, one of the victims was a lieutenant with the fire department in Baltimore County. After the man had finished his shift at the department, he was on his way home when the fatal accident occurred. At some point on his way home, another motorcyclist traveling in the opposite direction crossed over the center line and collided head-on with the firefighter’s motorcycle, killing him instantly. The other driver was also pronounced dead at the scene of the accident.
Police are in the midst of conducting an investigation into what happened in the moments leading up to the accident. At this point, authorities believe that the other motorcyclist crossed over the center line as he was approaching a natural curve in the road and failed to properly negotiate the curve.
Wrongful Death Actions after Fatal Motorcycle Accidents
After a tragic motorcycle accident like the one discussed above, the surviving members of the victim’s family may wish to seek financial compensation from the at-fault party. This can be accomplished through a Maryland wrongful death case.
In Maryland, only certain people with a close relationship with the deceased can bring a wrongful death lawsuit. The law in Maryland breaks down potential plaintiffs into two categories, primary and secondary beneficiaries.
A primary beneficiary is a person who is a parent, child, or spouse of the deceased. Under Maryland law, if a primary beneficiary exists, that must be the party who brings the lawsuit. However, if there is no primary beneficiary, a secondary beneficiary can file suit.
A secondary beneficiary is anyone who is related to the deceased by blood or marriage and who was substantially dependent on the deceased for support. If a person does not fit into either of these two categories, they will not be permitted to file a wrongful death suit in Maryland.
Proving Negligence and Causation
After a plaintiff is determined to be a proper plaintiff, they must prove that a negligent, reckless, or intentional act of the defendant caused the death of their loved one. This is where the bulk of the litigation is in most wrongful death cases.
Have You Lost a Loved One in a Maryland Motorcycle Accident?
If you have recently lost a loved one due to the negligence of another driver, you may be entitled to monetary compensation. Of course, the named defendant will not likely readily admit liability, and a strong case may need to be presented before any settlement offer is made. In the event that no settlement is reached, the case must then proceed to trial. To learn more, contact one of the skilled advocates at the Maryland personal injury law firm of Lebowitz & Mzhen, LLC at 610-654-3600 to set up a free consultation.
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.