Whenever a driver’s negligence causes a fatal motorcycle accident, the surviving family of the deceased may wish to pursue financial compensation for the loss of their loved one. In Maryland, this is done through a wrongful death lawsuit.
Wrongful death lawsuits in Maryland must meet several criteria before a party is entitled to financial recovery. First, the potential plaintiff must establish that they are the proper party to bring the lawsuit. In Maryland, the law requires that a “primary beneficiary” bring the lawsuit, if one exists. A primary beneficiary is defined as a spouse, parent, or child of the deceased. If there is no living primary beneficiary, a “secondary beneficiary” may be able to file the lawsuit. A secondary beneficiary is anyone related to the deceased by blood or marriage who relied on the deceased for financial support.
Once a party has established they are the proper plaintiff, they must prove the elements of a wrongful death claim. Essentially, the plaintiff must show that the defendant owed some duty of care to the deceased and that the defendant’s violation of that duty resulted in their death. In most motorcycle accident cases, the duty owed to the deceased is easily established because all motorists owe a duty of care to those with whom they share the road. However, the remaining elements of a wrongful death case must still be proven.
Fatal Baltimore Motorcycle Accident Kills One
Earlier this month, one man was killed in a motorcycle accident. According to a news source reporting on the tragic accident, the collision occurred at shortly before six in the evening in the northeast portion of the city. Evidently, the motorcyclist was heading south on 35th Street when a Nissan pulled out from Hillen Street, striking his motorcycle. The motorcyclist was thrown from the bike and taken by emergency workers to a nearby hospital, where he soon succumbed to his injuries.
Police are still investigating the accident and have not yet issued any citations to the driver of the Nissan. It also remains to be seen if the family of the motorcyclist will be pursuing a wrongful death lawsuit against the driver of the Nissan. However, under Maryland law, the family of the deceased has three years to file a lawsuit.
Have You Been Injured in a Maryland Motorcycle Accident?
If you or a loved one has recently been a victim of a Maryland motorcycle accident, you may be entitled to financial compensation for the pain and anguish you have endured. The skilled personal injury lawyers at Lebowitz & Mzhen, LLC have decades of experience handling all kinds of personal injury cases, including wrongful death cases arising out of fatal motorcycle accidents. Call 410-654-3600 today to set up a free consultation with a dedicated personal injury attorney. Calling is free, and we won’t bill you for our time unless we are able to help you obtain the compensation you deserve.
More Blog Posts:
Driver and Passenger Involved in Fatal Motorcycle Crash Apprehended After Attempting to Flee the Scene on Foot, Maryland Motorcycle Accident Lawyer Blog, published September 8, 2016.
Drunk Driving Accidents and Negligence Per Se, Maryland Motorcycle Accident Lawyer Blog, published September 22, 2016.