Bicycle Injury Accidents

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.

Maryland Hit-and-Run Bicycle Accidents

July 12, 2018 | Lebowitz & Mzhen

Each year, there are hundreds of Maryland bicycle accidents that occur for a number of reasons. While some accidents are the result of bicyclist error, the vast majority involve the negligence of a motorist. And although it may seem beyond the pale to most Maryland motorists, each year there are dozens of Maryland hit-and-run accidents where a motorist flees the scene after being involved in a collision.

Hit-and-run accidents are especially troublesome for a number of reasons. First, car accidents almost always involve some type of injury. And when a motorist leaves the scene, they run the risk of leaving stranded a person who is seriously injured and in need of medical assistance. Additionally, by leaving the scene, a hit-and-run driver abandons the accident victim without anyone to look to for compensation for their injuries.

The issues involved in a hit-and-run accident are worsened when one of the vehicles involved is a bicycle. Bicyclists are less protected than motorists, and more likely to suffer serious injuries following an accident. Thus, a Maryland bicycle accident victim is likely in need of serious medical attention following an accident.

Bike Accidents Involving Children Are Frighteningly Common

July 5, 2018 | Lebowitz & Mzhen

Teaching a child to ride a bike can be a rewarding experience for both the child and the adult. However, bicycle safety is a critical component of learning to ride a bike and should never be overlooked. Not only is it important to teach children always wear a helmet, but also to follow the rules of the road and to always be aware of drivers that may not be paying attention.

According to a recent news report based on a study conducted by the Center for Injury Research and Policy, Maryland bicycle accidents involving children may be more common than most people believe. Evidently, nationwide there are there are about 608 bicycle-related injuries per day, which comes out to about 25 accidents per hour.

Of course, most of these accidents are minor. In fact, the top reported injury types were bruises, scrapes, and cuts. However, a very significant 11% of all child bicycle accidents resulted in a traumatic brain injury. Unsurprisingly, when a motor vehicle is involved in the accident, the chance of the child suffering a traumatic brain injury greatly increases.

Bicycle Accident Victim’s Case Dismissed Under Recreational Use Statute

May 18, 2018 | Lebowitz & Mzhen

Earlier this year, a state supreme court issued a written opinion in a personal injury case raising an important issue for Maryland bicycle accident victims who were injured while riding on public property. The case presented the court with the opportunity to discuss whether a government landowner was entitled to immunity under the state’s recreational use statute when the path where the injury occurred was used for both recreational and non-recreational purposes.

Finding that there was no language in the state’s recreational use statute requiring that land be used exclusively for recreational purposes in order for immunity to attach, the court determined that the government landowner was entitled to immunity. Thus, the accident victim’s case was dismissed.

The Facts of the Case

The plaintiff was riding a bicycle with her niece along an asphalt path that was owned and maintained by the defendant municipality. The path was designated as a non-motorized path, and it was commonly used for recreational purposes. However, the path was labeled as “mixed use” and was also used by some commuters as a way to get to work.

Court Discusses Recreational Use Immunity Statute in Recent Bicycle Injury Case

January 18, 2018 | Lebowitz & Mzhen

Earlier this month, an appellate court issued a written opinion in a personal injury case that presents a very important issue for the victims of Maryland bicycle accidents. The case required the court to interpret and apply the state’s recreational use statute, determining if the conduct of the government defendant in charge of maintaining the land where the plaintiff sustained his injuries rose to the level of “willful or wanton.”

Finding that the government’s conduct was not willful or wanton, the court determined that the government agency was entitled to immunity and dismissed the plaintiff’s case.

The Facts of the Case

The plaintiff was riding his bicycle on a mixed-use trail on a summer morning. As the plaintiff approached a pedestrian on the trail, he rang his bell and began to pass the pedestrian by moving into the middle of the trail. However, as the plaintiff steered the bike to the middle of the trail, the bike’s tire got caught in a crack that was about three inches wide and two inches deep, and ran approximately four feet in the direction of travel. As the bike’s wheel got caught, the plaintiff lost his balance and fell, injuring his shoulder.