When someone hits your car, you may assume that that individual caused the accident by crashing into you first. But what if they only hit you because you were driving distractedly and checking your text messages or on your phone? Or, what if following the accident, the injuries you suffered were because you were not wearing a seatbelt? Can you still recover compensation following a car accident if you contributed in some part to the severity or cause of the collision in Maryland?
According to a recent news report, a local man is facing charges following an accident where the victim died. The accident, which took place last June, occurred when the local man crashed into an individual driving a moped. The local man was exiting a shopping plaza and stopped at a light at an intersection because it was flashing yellow. He did not see any vehicles approaching from the east where the sun was obstructing his view, so he began to turn onto the ramp. Midway through the turn, the local man heard a loud crash on the passenger side of his vehicle when he collided with the victim on a moped. Police located the man operating the moped in the road near his scooter with serious injuries. The moped driver was transported to a local hospital for treatment, where he was later pronounced dead.
Following the accident, the local man was taken to the hospital for an evaluation and gave authorities permission to obtain samples of his blood. An investigation of the accident revealed that the local man was not under the influence of drugs or alcohol while he was driving, but that he was using his cellphone. Because the man was distracted while operating his vehicle, he failed to yield to oncoming traffic, which caused the crash. The man has been charged with negligent homicide with a motor vehicle and failure to yield the right of way.
Unfortunately, Maryland personal injury laws are sometimes quite unfriendly toward potential plaintiffs in car accidents. In Maryland, a contributory negligence framework applies, which means that if you contributed at all to causing the accident, you will be barred from collecting compensation from the other party or parties involved in the accident.
Can a Motorcyclist's Negligence Prevent Them from Recovering Through a Personal Injury Lawsuit?
Yes, even if you only contributed one percent to a motorcycle accident, you could be ineligible from collecting damages under Maryland’s contributory negligence rule. For example, if someone rear-ends you at a stoplight, but did so because you were on your phone and were not paying attention when the light turned green, the other side could argue that you contributed, in a small way, to causing the accident. In close cases like this example, it is best to consult with an experienced personal injury lawyer. Often, it may be advisable to attempt to settle a case, or in close factual scenarios like this one, argue it out in court so that you can recover the compensation you deserve.
Do You Need an Experienced Maryland Accident Attorney?
If you or someone you know was recently hurt or killed in a Maryland motorcycle accident, contact the lawyers at Lebowitz & Mzhen today for assistance. Our attorneys will provide you with the advice, legal expertise, and support you need to navigate your legal claim with ease. To schedule a free consultation today, contact us at 800-654-1949.