While many accidents are solely the fault of one party, some Maryland bicycle accidents are results of both parties having been negligent in some way. In most states, this would not necessarily present a major problem for the bicyclist because they would be able to file a claim against the driver even if the bicyclist shared fault for the accident. However, in Maryland, accident victims who are determined to be even the slightest bit at fault for the accident resulting in their injuries are completely precluded from recovering compensation for their injuries.
If this sounds harsh, that is because it is. In fact, most states employ a more relaxed analysis when determining which accident victims can pursue a claim of compensation after an accident, called the comparative fault model. Under a pure comparative fault analysis, an accident victim can bring a lawsuit against anyone they believe to be responsible for their injuries. If the jury determines that the plaintiff is also at fault, the jury will reduce the plaintiff’s total recovery amount by their percentage of fault.
Maryland, however, employs a contributory negligence model. As stated above, under a contributory negligence analysis, if the plaintiff is found to be at all responsible for the accident, the plaintiff’s case will be dismissed. This is even the case if the plaintiff is determined to be 1% at fault.
This discussion is not meant to discourage victims from pursuing a claim for compensation. On the contrary, it highlights the importance of retaining an experienced and skilled Maryland personal injury attorney. Not all accidents are black and white, and an experienced attorney can persuasively present a case in hopes of full and fair compensation.
Bicyclist Killed in Head-On Collision
Earlier this month, one man was killed in a bicycle accident after being involved in a head-on collision with a pick-up truck. According to a local news report, authorities arrived on the scene to find the bicyclist underneath the truck. At this early juncture, authorities are not sure how the truck and bicycle collided, and which of the two operators may have been at fault. The accident is currently under investigation, and at this point no citations have been issued.
Have You Been Injured in a Maryland Bicycle Accident?
If you or a loved one has recently been injured in a Maryland bicycle accident, you may be entitled to monetary compensation. The dedicated Maryland personal injury attorneys at the law firm of Lebowitz & Mzhen, LLC are experienced in handling all types of injury claims, including bicycle and motorcycle accidents. We offer free consultations to prospective clients and can candidly assess their cases and discuss how we may be able to help. To learn more, call 410-654-3600 to schedule your free consultation today. Calling is free, and since we work on a contingent-fee basis, we won’t collect anything from you unless we are able to help you obtain the compensation you deserve.
More Blog Posts:
One Killed, Another Injured in Auto Accident During Bike Race, Maryland Motorcycle Accident Lawyer Blog, published February 20, 2018.
Parental Responsibility for Maryland Motorcycle Accidents, Maryland Motorcycle Accident Lawyer Blog, published February 6, 2018.