Most Maryland motorcycle accidents involve the negligence of one or more motorists. Negligence takes many forms, such as impaired driving, distracted driving, fatigued driving, aggressive driving, and failure to abide by traffic laws. However, road conditions or poor road design may be the sole cause or contribute to a motorcycle accident in some cases. Road conditions such as missing guardrails, large potholes, erosion, and other unsafe aspects of a roadway can result in serious accidents. Similarly, faulty road design can also contribute to a car accident. However, establishing that faulty design contributed to an accident can be challenging to injury victims and their loved ones.
For example, news reports described an accident involving a 22-year-old man. According to police, they responded to an accident on a highway exit ramp. An investigation revealed that the motorcyclist was proceeding west when he reached the crest of a hill jammed with traffic from a red light. Police speculate that the motorcyclist lost control of his bike while avoiding colliding into the stopped traffic. Emergency responders transported the man to a local hospital, where he succumbed to his injuries.
After accidents of this nature, the injury vicitm or their representative must prove that the faulty road conditions caused the accident. For instance, a victim may allege that the accident was caused by missing signs, unkempt trees blocking views, or faulty traffic lights. However, more pertinent is whether the agency, company, or organization responsible for the roadway was negligent in the road’s design, maintenance, or repair. After determining the party responsible for maintaining the roadway, the victim must prove that the entity was negligent in their responsibilities or duties.
While many governmental agencies maintain immunity from lawsuits, there are certain exceptions to this immunity. Cases involving government agencies generally fall under the Maryland Tort Claims Act (MTCA). The MTCA outlines the circumstances under which the government may be sued. However, even if a victim’s case falls under an exception to immunity, they must still engage in a complicated and strict process to commence a lawsuit. Further, additional rules depend on the Maryland county at issue. In addition to lawsuits, an attorney can advise and represent victims through settlement negotiations and mediation. An attorney can assist Maryland accident vicitms in determining the most efficient and effective way to resolve a claim with a government agency.
Have You Suffered Injuries in a Maryland Motorcycle Accident
If you or someone you know has suffered injuries in a Maryland motorcycle accident, contact the injury lawyers at Lebowitz & Mzhen. The attorneys at our firm have dedicated their practice to advocating and representing injury victims. Our firm handles Maryland accident claims involving motor vehicle accidents, dangerous products, drugstore negligence, birth injuries, wrongful death, medical malpractice, slip and fall accidents, and dog bites. We understand the life-changing toll that these accidents can have on a person and their family. As such, our priority revolves around obtaining compensation for our clients. Contact our office at 800-654-1949 to schedule a free initial consultation with an attorney on our legal team.