Bicycle Injury Accidents

Being Mindful of Blind Spots to Keep Bicyclists Safe

November 30, 2022 | Lebowitz & Mzhen

Blind spots are areas that drivers cannot see by simply using a mirror. Drivers should be especially mindful of their blind spots because of the possibility of failing to detect bicyclists or other vehicles. It is important to note that because vehicles vary in shape and size, a vehicle’s design can create impact how large a blind spot is. In order to prevent blind spot accidents, drivers should conduct a head-check every time before making any turns or changing lanes.

According to a recent news report from Delaware, a Honda Civic was traveling southbound in the left lane behind another vehicle. A bicyclist entered the left southbound lane, attempting to cross from east to west. The bicyclist entered the path of one of the vehicles, causing the vehicle to suddenly stop. As a result, the Honda changed lanes into the right travel lane. The bicyclist was crossing the right travel lane, and the front of the Honda struck the right side of the bicycle and ejected the bicyclist. The bicyclist was flown to a local hospital in critical condition and later succumbed to the injuries. The operator of the Honda was not injured. The crash is still under investigation.

In addition to drivers being mindful of their own blind spots and being sure to conduct a head-check, drivers should be mindful of the blind spots that certain vehicles have and proceed with caution. For example, large vehicles such as trucks may have large blind spots where they are unable to see objects, including bicyclists. With that in mind, bicyclists can be mindful of staying away from the space in front of a truck and can be mindful of the left-hand blind spot.

Beware of Minimizing Accident Harm in the Wake of a Maryland Motorcycle Crash

May 3, 2022 | Lebowitz & Mzhen

Bicycle and Motorcycle accidents in the DC/Maryland/Virginia region cause many deaths and thousands of injuries each year. Often, cyclists may not realize the true extent of their injuries until well after an accident. This coupled with some bikers’ tendency to understate their injuries to family and friends can result in some serious injuries being untreated until it is too late to fully recover. The TV personality Simon Cowell (originally known for his work as a judge on “American Idol”) Recently revealed to journalists that the injuries that he sustained in a bicycle accident were much worse than initially thought or publically revealed.

According to the International news report, Mr. Cowell was involved in a collision while riding an electric bicycle in California in 2020. As a result of the crash, he broke his back in several places and suffered serious nerve damage that was not reported to the public until recently. The vehicle that Mr. Cowell was using, while branded as an “electric bicycle” could more accurately be described as an electric motorcycle based on the power of the motor and the top speed of the vehicle. While E-bikes are limited to 15 miles per hour while on public roadways, the bike involved in this crash has a top speed of at least 27 miles per hour, and can be as dangerous as a motorcycle when driven on roadways.

What Can E-Bike Riders Do to Protect Themselves?

Users of both E-bikes and electric motorcycles must use caution and protect their safety while operating their vehicles on roadways frequented by cars and trucks. E-bike riders should always wear a helmet and ensure their vehicles are in safe working order. Electronic motorcycle users should register their vehicles with the state or district they live in, and obtain liability and personal injury insurance coverage where possible. An E-bike user who is involved in an accident with another vehicle and injured is most likely covered by the insurance of the other vehicle. If the scooter or e-bike accident is the fault of the other driver, significant coverage may exist to support the rider to recover from any moderate or serious injuries.

NBA Player Injured in Intense Bicycle Accident, Highlighting Major Risks to Maryland Cyclists

March 26, 2021 | Lebowitz & Mzhen

In this blog, we often say that Maryland bicycle accidents can happen to anyone. Most bicyclists do not expect, when they go for a ride, to get into an accident. However, the truth is it can happen when you least expect it. The recent case of Shawn Bradley, one of the tallest basketball players in NBA history, illustrates this point. While many would think it would be almost impossible for a driver not to see the 7-foot-6 man on his bicycle, earlier this year a driver in a car hit him while he was riding a bike just down the street from where he lived. The crash resulted in Bradley suffering a spinal cord injury, which caused him to be paralyzed; a tragic consequence of an upsetting crash.

Unfortunately, as a recent news source recently pointed out, the way that the news media covered the accident added insult to Bradley’s injury. Headlines abounded about how Shawn Bradley was “paralyzed following bicycling accident,” failing to even mention the fact that another driver was involved or note what caused the accident—a negligent driver. In the cases where the cause of the crash was named, it was often blamed on the car, rather than the driver. In fact, in 2019, research was published on how the media reported traffic crashes involving cyclists and pedestrians and found that 80% of the time the story subtly shifted the blame, by minimizing the driver’s role in the crash.

While this may seem just a harmless choice of words, the truth is reporting in this way is part of a larger problem. As the news report noted, words matter, and the media often rely on initial crash reports from law enforcement for their stories. Those reports are often incomplete, without a victim’s statement, and may incorrectly assign the blame to the cyclist instead of the driver. The larger issue here is that cyclists are being implicitly blamed for tragic accidents that happen to them, and negligent drivers getting away with causing tragic accidents.

COVID-19 Led to a Rise in Biking, But Cyclists Must Beware of Potential Maryland Bicycle Accidents

February 24, 2021 | Lebowitz & Mzhen

The COVID-19 pandemic has drastically changed Maryland residents’ way of life, including their transportation habits. While there are fewer motor vehicles on the road than usual, in part because people are working remotely and generally staying at home, an increasing number of people have begun riding bicycles, either as a form of exercise or for transport or leisure. Individuals who used to rely on public transportation to get around town, for example, may choose to bike to avoid the crowds and possible contagions. Individuals working from home may also go on bike rides to stretch their legs and get outside of their house safely and responsibly. Generally, more people riding bicycles is a good thing—biking is cost-efficient, good for the environment, and a great form of exercise. However, something for all Maryland residents to keep in mind is that bicyclists are particularly susceptible to serious injuries when they are involved in a bicycle accident.

For example, take a recent bicycle crash that occurred just this month. According to a local news article covering the incident, the crash occurred one Sunday at 5:00 PM when a driver in a car struck a bicyclist. The local police department reported that the driver failed to use proper care when entering the lane, and thus hit the bicyclist. The bicyclist was injured and taken to the local hospital, but fortunately has since been released. Still, the crash is a recent example of the hazards that bicyclists could face on the road, particularly since they do not have the protection surrounding their body that those driving cars or trucks do, for example.

What Are the Most Important Bicycle Safety Tips?

Maryland residents who are biking or plan to start biking soon can and should take certain steps to protect themselves from these potential hazards. First, bicyclists should always wear proper protective equipment. One important piece of this is a sturdy helmet that fits properly. While hopefully, one will not need it, a well-fitting helmet can be the difference between life and death in some Maryland bicycle accidents. Bicyclists should also make sure to take proper care of their bike by taking it in for regular inspections, and should inspect it at home as well—checking the tire pressure, making sure the brakes work, and checking on the chain and gears before going on a ride. While riding, bicyclists can protect themselves by driving with the flow of the traffic, obeying street signs and signals, staying vigilant and aware of the surroundings and any potential danger, and refraining from texting, listening to music, or doing anything else distracting.

Filing a Personal Injury Claim Following a Maryland DUI Accident

April 27, 2020 | Lebowitz & Mzhen

Drunk and drugged driving accidents continue to occur despite strict laws in the state of Maryland and across the country. Driving under the influence can result in both criminal charges and civil liability. Maryland enacted the Drunk Driving Reduction Act, or Noah’s Law, which took effect in October 2016. The law mandates that an ignition interlock device be installed if anyone is convicted of driving under the influence. Even with the state’s strict laws, there were still around 7,000 crashes in 2018 involving at least one driver’s use of alcohol or drugs. Victims of DUI accidents may be able to recover compensation for their injuries and losses through a Maryland personal injury lawsuit.

A plaintiff may be able to file a negligence claim or another type of claim to recover damages stemming from the DUI crash. In a civil case, the liability of the driver must be proven by a preponderance of the evidence—a lower standard than the “beyond a reasonable doubt” standard that applies in criminal cases. In some cases, evidence from a criminal case or traffic offense can be admitted in a civil proceeding. In Maryland, if a driver pleads guilty to a criminal charge or a traffic offense in court, evidence of the plea normally can be admitted in a subsequent civil proceeding. when admissible, the evidence may be rebutted or explained by the driver. Notably, if a driver pays a traffic ticket outside of court, courts in Maryland generally will not admit evidence of the payment of the fine as an express acknowledgment of guilt.

Six-year-old Boy Hit by Suspected DUI Driver While Riding Bike

How Maryland’s Recreational Use Statute May Impact Bicycle Accident Claims

November 5, 2019 | Lebowitz & Mzhen

Maryland’s recreational use statute (RUS) is designed to encourage property owners to make their land available to the public for educational and recreational use by limiting the property owner’s liability in certain circumstances. Maryland’s RUS can pose significant challenges to individuals that suffer injuries while visiting recreational properties. Under this statute, landowners that make their land available for recreational use do not owe their visitors a duty of care to keep their land safe or provide them warnings. In effect, landowners in these cases owe their visitors the same level of care that they would owe a trespasser. This means that landowners in these situations must only refrain from willful or wanton behavior that may hurt the visitor.

For example, in a recent opinion, an state appellate court addressed the defendant’s claim of immunity based on the state’s RUS. In that case, the plaintiff filed a lawsuit against a university after a university employee hit her with a university-owned vehicle. The university argued that, amongst other issues, they were not liable under the RUS. The court found in favor of the university, finding that the RUS applied, and the university only owed her a duty to not engage in bad faith, malicious intent, and gross negligence.

Maryland’s RUS is broad, and injured plaintiffs must understand the impact that their classification has on the outcome of their case. The statute protects owners if they allow visitors on their land for “any recreational purpose.” This means that, for example, if a person suffers injuries at their neighbor’s house while riding their neighbor’s dirt bike, the neighbor may be able to assert the RUS to limit their liability.

Maryland’s Recreational Use Statute and It’s Limitations

February 28, 2019 | Lebowitz & Mzhen

Maryland law imposes a duty on landowners to keep their property safe for those whom they invite onto their land. This includes both a duty to remedy any known dangers, as well as a duty to warn visitors about any hazards that may not be readily apparent. However, under Maryland’s recreational use statute, landowners who allow the public to use their land for recreational purposes cannot be held liable by those who are injured on their property as long as the landowner does not charge a fee for the use of their land.

The Maryland recreational use statute is not absolute, and there is an exception for a landowner’s “willful or malicious failure to guard or warn against a dangerous condition.” A recent decision issued by a federal appellate court discusses this exception and when it may apply.

The Facts of the Case

According to the court’s recitation of the facts, the plaintiff was seriously injured in a bicycle accident that occurred on land that was owned and maintained by the Air Force Academy. Evidently, the plaintiff was riding his bike along a bicycle path when he encountered a large sinkhole. The sinkhole spanned the width of the path and, despite its large size, was difficult for riders to see as they approached it.

Maryland Bicycle Accidents Occurring on College Campuses

February 14, 2019 | Lebowitz & Mzhen

Maryland is a state that values higher education. Indeed, according to the most recent data, there are over 50 colleges across Maryland. Bicycles have long been the preferred method of travel for budget-conscious college students, especially in colleges and universities in large urban centers such as Baltimore and Washington, D.C. Thus, it isn’t surprising that many Maryland bicycle accidents occur on or around college campuses.

For the most part, colleges do a good job ensuring that bike travel on campus is safe. This means providing bike lanes, signage, and driver education about the presence of bicyclists and how to safely drive in an area where there is a large population of bicyclists. However, despite these efforts, Maryland bicycle accidents continue to occur.

When a bicyclist is injured in a Maryland bicycle accident, they can pursue a claim for compensation against one or more parties. Generally, this includes the driver that struck them, as well as any other potentially liable party such as the college or university, the driver’s employer, or another motorist that was involved in the collision. However, it is essential that an injured bicyclist understand Maryland’s strict contributory negligence laws and how they can preclude an injured cyclist from recovering for their injuries.

The Importance of Properly Pleading a Maryland Personal Injury Case

October 18, 2018 | Lebowitz & Mzhen

Recently, a state appellate court issued a written opinion in a bicycle accident case discussing a plaintiff’s claim against a city that maintained the park where he was injured. The case presented the court with the opportunity to discuss the precision with which a personal injury plaintiff must plead their case in an initial complaint. The case raises an important issue for Maryland bicycle accident victims, especially those who were injured while riding on public property.

The Facts of the Case

The plaintiff was riding his bike through a park owned by the defendant city. While riding through the grass, the front tire of the plaintiff’s bike got caught in a storm drain that was covered up by some grass. The plaintiff fell off his bike and fractured several bones.

The plaintiff filed a personal injury case against the city, making a single claim of “negligence.” Specifically, the plaintiff claimed that the city was negligent in allowing the hazard to exist in the first place, and also for failing to warn park visitors of its existence.

Maryland Bicycle Accidents Injure Hundreds of Children Per Year

August 14, 2018 | Lebowitz & Mzhen

Just as learning how to ride a bike is one of the most memorable milestones in any child’s life, it is also seen as a parental rite of passage. And while one of the most important aspects of teaching a child to ride a bike is imparting the importance of bicycle safety, some accidents cannot be avoided.In fact, Maryland bicycle accidents injure, on average, about 67,000 riders per year and result in over 700 fatalities annually. Studies have shown that child riders account for a significant number of both the fatal and the non-fatal bicycle accidents. Most of these accidents occur close to the child’s home, often on their own street.

Motorists have a duty to avoid causing a bicycle accident. This includes following all traffic laws, paying attention to the road in front of them, and yielding to bicyclists when appropriate. When a motorist causes a bicycle accident, they may be held liable for any injuries that occur as a result of their negligence.