One Dead, Another Critically Injured in Left-Turn Motorcycle Accident

Earlier this month in Cocoa, Florida, one woman was killed and another man seriously injured when they were involved in a serious motorcycle accident. According to one local Florida news report, the accident occurred in the morning hours of Monday, November 17.

cold-weather-rider-1438885Evidently, the male was operating the motorcycle with the female on the back. As the couple attempted to make a legal left-hand turn, another driver pulled into their path. The motorcyclist was unable to avoid the collision and struck the side of the other driver’s vehicle. Both the driver and the passenger were ejected from the motorcycle. Neither of the two on the motorcycle were wearing their helmets at the time of the collision.

The man was taken to the hospital and admitted in critical condition. Sadly, his passenger, a 64-year-old Florida resident, died shortly after the accident from the injuries she sustained. Police do not believe that alcohol was a factor, but the Highway Patrol is conducting a thorough investigation into the cause of the fatal motorcycle accident.

Helmet Use in Maryland Motorcycle Accident Cases

The motorcyclists involved in the fatal accident discussed above were not wearing helmets at the time of the accident. It is a commonly asked question whether a motorcycle accident victim’s failure to wear a helmet can prevent them from recovering damages from the negligent driver responsible for the accident. Indeed, most negligent drivers and their attorneys would love to be able to shift the fault of the accident onto the innocent victim in order to avoid liability.

However, Maryland courts have not allowed defendants to argue that a motorcyclist’s failure to wear a helmet makes them ineligible for compensation to which they would otherwise be entitled. In fact, several years ago, a Maryland court decided this very issue and held that it would not be proper to prevent recovery because a rider’s failure to wear a helmet did not bear at all on the standard of care owed to the plaintiff and whether the defendant violated that standard.

With that said, not all states agree on the issue, and courts can revisit previously decided matters whenever the issue arises. Thus, it is very important that a motorcycle accident victim not wearing a helmet at the time consult with an attorney prior to filing the case.

Have You Been Injured in a Maryland Motorcycle Accident?

If you or a loved one has recently been involved in a serious Maryland motorcycle accident, you may be entitled to monetary compensation for your injuries. Regardless of whether you or your loved one were wearing a helmet at the time of the accident, it is advisable to consult with a dedicated Maryland personal injury attorney immediately to discuss your case and what will be expected of you moving forward. Call 410-654-3600 today to set up a free consultation.

More Blog Posts:

Former Episcopal Bishop in Baltimore Pleads Guilty to Automotive Manslaughter and Other Related Charges, Maryland Motorcycle Accident Lawyer Blog, published October 7, 2015.

Bicyclist Struck by Drunk Driver Emphasizes Driver Education to Avoid Future Accidents, Maryland Motorcycle Accident Lawyer Blog, published November 5, 2015.

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