In a trial following a Maryland motorcycle crash, a non-expert witness is limited in the testimony they are allowed to provide in court. Non-expert witnesses, or lay witnesses, are those not testifying as experts—because they have not been qualified by the court as experts. Under Maryland Rule 5-701, a lay…
States have different laws concerning the effect of the liability of the plaintiff on their ability to recover. Maryland follows the doctrine of contributory negligence. Under the doctrine of contributory negligence, juries in Maryland motorcycle accident cases may consider the fault of the plaintiff along with the fault of the…
Maryland motorcyclists and all other drivers must exercise reasonable care at any time that they are on the road. At times, a driver’s lack of care goes beyond simple negligence. Under Maryland law, gross negligence refers to willful and wanton misconduct, which is considered as something more than simple negligence,…
Historically, the state and federal government were entitled to immunity from most types of liability. Thus, unless a government entity specifically consented to being named in a lawsuit, the case would be dismissed by the court. However, about a century ago the federal government, as well as all the state…
After someone is injured in a Maryland motorcycle accident, the law allows for the accident victim to pursue a claim for compensation against any parties responsible for the accident. Statistics show that motorcyclists are more likely than other motorists to be involved in a single-vehicle crash. In addition, motorcyclists may…
Earlier this month, a federal appellate court released an opinion illustrating why some Maryland motorcycle accident cases may require the testimony from an expert witness. The case involved a motorcycle accident that was allegedly caused by a defective tire and made worse by the fact that the helmets worn by…
When someone purchases a Maryland auto insurance policy, the insured must provide the insurance company with the make and model of each vehicle that they want to be insured. Typically, people choose to purchase insurance on each of their vehicles; however, it is not uncommon for a vehicle owner to…
While every accident is different, generally speaking Maryland motorcycle accidents often result in very serious injuries. In most cases, a motorist who causes a motorcycle accident will not have the financial means necessary to pay for the damages sustained in the crash. This is why it is so auto insurance…
One of the most frustrating aspects of being involved in a Maryland motorcycle accident is dealing with insurance companies. Vehicle insurance is required in Maryland, and for a good reason. However, unfortunately, insurance companies often make the recovery process harder on accident victims by creating additional stress and anxiety. After…
Recently, a state appellate court issued a written opinion in a personal injury case requiring the court to determine if a group of city contractors that designed and landscaped the foliage around an intersection could be held liable after a motorist was killed at the intersection. Ultimately, the court concluded…