Fatal Motorcycle Accidents

Tragic Death Illuminates Importance of Civil Claims for Maryland Motorcycle Accident Victims

February 4, 2020 | Lebowitz & Mzhen

A tragic multi-vehicle accident occurred in Chesapeake, Virginia last week, resulting in the unfortunate death of a motorcyclist. According to a local news report covering the accident, the responsible driver was in a red pickup truck when they ran a red light around 12:30 pm one afternoon, causing them to hit the motorcyclist and five other vehicles. The motorcyclist, a 56-year-old man, was sadly pronounced dead at the scene, and three other victims were sent to the hospital to be treated for their injuries.

While such accidents and fatalities are always tragic, they, unfortunately, happen far too often, and motorcyclists are particularly vulnerable to their effects. Because motorcyclists do not have the protection that a car provides between them and other vehicles or the road, they are more likely to be severely injured by negligent or reckless drivers when they run red lights or engage in other dangerous behaviors.

In such incidents, it is always possible that local law enforcement will investigate and file criminal charges. In the tragic incident described above, law enforcement charged the at-fault driver with involuntary manslaughter and possession of cocaine. These charges, while they may help the public feel safer on the roads, do very little to compensate the victims and their families who may be suffering psychologically and financially.

Left Turns Are Extremely Dangerous for Maryland Motorcyclists

January 28, 2020 | Lebowitz & Mzhen

Maryland motorcyclists might be surprised to learn that one of the most fatal traffic situations is one they are in regularly: left turns. Turning left while driving or riding a motorcycle is typically unavoidable for most people because left turns are commonly necessary to get to places they regularly visit, such as work, the grocery store, or a family member’s house. Unfortunately, however, these turns can be quite dangerous, especially for motorcyclists because the drivers of other vehicles often have a difficult time accurately assessing the speed at which an oncoming motorcycle is traveling.

According to the U.S. National Highway Traffic Safety Association, turning left is considered a “leading critical pre-crash event.” In fact, 22.2 percent of all crashes involve someone turning left, as do approximately 61 percent of crashes that take place while someone is turning or crossing an intersection. Additionally, CNN recently reported that left turns are three times more likely to kill pedestrians than right turns are. Because of these dangers, some commercial drivers, such as those who drive UPS trucks, avoid left turns as much as they can.

Left turns are especially dangerous for motorcyclists who are largely exposed on the road and do not have a large vehicle surrounding them to absorb the shock or force of an impact. For example, take a recent crash that occurred in Gulfport, Mississippi. According to a local news report covering the incident, a 35-year-old man was driving a Harley Davidson motorcycle when he tragically struck a pick-up truck that was turning left. Due to the force of impact, and the fact that the motorcyclists’ body was largely unprotected from the crash, the motorcyclist was killed and pronounced dead on the scene.

The Importance of Underinsured/Uninsured Motorist (UIM) Coverage for Maryland Motorcyclists

January 21, 2020 | Lebowitz & Mzhen

Maryland law requires all motorists to obtain a certain amount of insurance coverage. There are several types of Maryland motorcycle insurance, including bodily injury liability, underinsured/uninsured motorist (UIM) protection and property damage liability.

Bodily injury liability provides coverage for injuries caused to others that are the fault of the insured motorist. On the other hand, UIM coverage provides coverage for the insured motorist in the event that the at-fault driver either had no insurance or did not have enough insurance to fully cover their injuries. Property damage liability covers damage to others’ property that is caused by the insured. As of 2020, the minimum insurance requirements in Maryland are $30,000 per person/$60,000 per accident in bodily injury liability and UIM protection and $15,000 in property damage liability.

Unlike cars and trucks, motorcycles offer little to no protection to riders in the event of an accident. Thus, Maryland motorcycle accidents often result in serious bodily injury. In many cases, the medical expenses alone will exceed the limits of an insurance policy, especially if the policyholder opted for the minimum amount of insurance. In these situations, UIM coverage is especially important. Uninsured motorist coverage can also help a Maryland motorcyclist recover compensation in the event of a hit-and-run accident where the at-fault party cannot be identified. In fact, Maryland law considers an unidentified driver an “uninsured driver” for the purposes of UIM coverage.

Proving Causation in Maryland Motorcycle Crash Cases

January 15, 2020 | Lebowitz & Mzhen

Causation is a necessary element in any Maryland motorcycle crash case alleging the negligence of another party. An essential part is proving that the other party’s actions caused the plaintiff’s damages, which means both proving a cause-in-fact and a legally cognizable cause. Proving a cause-in-fact means proving that the other party’s actions were the actual cause of the damages, whereas legal cause means proving that the defendant’s actions were sufficiently related to the damages to hold the party liable. This inquiry often requires a consideration of whether the plaintiff’s damages were a foreseeable result of the party’s actions. Even if another party’s actions are proven to be the cause-in-fact of the plaintiff’s damages, a court may still find the party is not liable because it is not fair or because it is bad policy.

In addition to proving causation, in a negligence case, a plaintiff still has to prove that the party owed the plaintiff a duty of care, that the defendant’s actions amounted to a breach of the relevant standard of care, and the plaintiff suffered damages. A plaintiff has to prove all elements in a negligence claim, and must prove each element by a preponderance of the evidence. This means that a plaintiff must prove what caused the crash, rather than proving only that another party’s actions were merely a possible cause of the crash.

Motorcycle Driver Killed After Crash with Debris

Common Issues in Wrongful Death Claims Arising Out of Maryland Motorcycle Accidents

December 6, 2019 | Lebowitz & Mzhen

In the tragic event of the death of a family member, a wrongful death claim may allow family members to recover compensation for the loss they suffered. Under Maryland’s Wrongful Death Act, a claim can be filed by certain family members against the parties at fault for the family member’s death. The Wrongful Death Act is intended to compensate family members of the decedent based on the losses suffered by the family members.

It is common for defendants in Maryland wrongful death claims to raise the fault of the victim as a defense. Maryland follows the doctrine of contributory negligence, which means that if a plaintiff is found to have been even the slightest bit negligent, the plaintiff is completely barred from recovery. Similarly, a person’s contributory negligence bars recovery of a subsequent wrongful death claim.

Another common issue is proving the elements of negligence in the absence of the victim’s testimony. Without the victim’s statement concerning what happened, families often have to rely on circumstantial evidence to prove the case. This often requires the assistance of experts and investigators. A plaintiff has the burden to prove all the elements of the claim by a preponderance of the evidence, including whether the defendant’s conduct caused the plaintiff’s injuries. Mere speculation cannot sustain a negligence claim. A plaintiff must prove that the defendant’s conduct failed to meet the standard of care, that the defendant’s failure to meet the standard of care caused the plaintiff’s injuries, that the injuries were a foreseeable result of the defendant’s conduct, and that the plaintiff suffered injuries.

Maryland Motorcycle Accidents Involving Left-Turning Vehicles

November 18, 2019 | Lebowitz & Mzhen

While there are many causes of Maryland motorcycle accidents, accidents involving another vehicle making a left turn into or in front of a motorcycle are among the most common. In most cases, these accidents are the result of a negligent motorist who fails to take notice of the motorcycle or accurately gauge the speed at which it is approaching. Indeed, experts estimate that roughly 40 percent of all motorcycle accidents involving another vehicle are due to the vehicle making a left turn. Maryland left-turn motorcycle accidents result in hundreds of injuries each year, most of which are entirely preventable.

Most left-turn accidents are the result of a driver not accurately being able to assess the speed of an oncoming motorcycle. Motorists are used to driving around other cars and trucks, and have a built-in sense of how quickly these vehicles move. Thus, most of the time, motorists can safely assess the speed of an oncoming car or truck and determine whether they have enough time to complete their left turn. However, the slim profile of a motorcycle challenges motorists’ assumptions because motorcycles often appear to be approaching more slowly than they are.

Another cause of left-turn motorcycle accidents is a driver’s failure to notice an oncoming motorcycle. Again, due to their slim profile, motorcycles may go unnoticed when approaching an intersection. In this situation, motorists may think they have a clear intersection when they do not. Regardless of the cause, left-turn motorcycle accidents are most often the fault of the turning motorist, as vehicles making left turns must yield the right-of-way to those going straight through an intersection. However, if a motorcyclist is speeding as he travels through the intersection, that may result in the motorcyclist losing the right-of-way, essentially making the accident their fault.

Criminal Charges Are Not Necessary to File a Maryland Motorcycle Accident Claim

October 28, 2019 | Lebowitz & Mzhen

When someone causes a serious or fatal Maryland motorcycle accident, the accident may form the basis of a criminal charge against the at-fault driver. However, while judges in criminal cases can order restitution in some situations, the objective of a criminal case is not to compensate the victim for the damages they sustained. Instead, the criminal justice system is primarily concerned with punishing a defendant for violating the law.

A defendant in a criminal matter may also face a civil claim brought by those who were injured in the accident. These are often referred to as personal injury claims. Unlike a criminal case, the focus of a personal injury case is to compensate an accident victim for the damages they sustained as a result of the defendant’s conduct. Often, this includes damages amounts for medical expenses, lost wages, loss of companionship, as well as for any emotional pain and suffering caused by the accident.

When a negligent driver’s negligence or recklessness causes a fatal accident, the accident victim’s surviving loved ones can bring a Maryland wrongful death lawsuit. These claims are very similar to negligence claims except that wrongful death cases allow different types of damages, and the process of filing the case is slightly different. The takeaway is that accident victims are not limited by the state’s decision to pursue a criminal conviction against an at-fault driver, and can pursue their own claim against the motorist in civil court.

Intoxicated Woman Causes Fatal Maryland DUI Motorcycle Accident

October 22, 2019 | Lebowitz & Mzhen

A Baltimore, Maryland news article recently reported a tragic drunk driving accident. Evidently, a 21-year-old woman under the influence of alcohol killed a motorcyclist after pulling out in front of him. The woman was driving a GMC box truck when she failed to yield to the motorcycle driver. She collided with the man, and he died on impact. The woman was arrested and charged with various crimes, including driving under the influence, driving while impaired, failure to yield, and manslaughter.

According to the Centers for Disease Control and Prevention (CDC), 29 people die in alcohol-related car accidents every day. Despite measures to prevent drunk driving, there is approximately one fatality every hour. Many Maryland drivers have to navigate typical hazards and congested traffic daily, impaired drivers only heighten the risk of a severe car accident.

Under Maryland law, adult drivers over the age of 21 with a blood alcohol concentration (BAC) of .08% or more are considered impaired. A Maryland driver under the legal drinking age who has a BAC level .02 or higher could face a driving under the influence charge. If they have a BAC of .07%, they may face a DUI charge.

Negligence Lawsuits Following Maryland Motorcycle Crashes

October 7, 2019 | Lebowitz & Mzhen

Although reckless driving puts everyone on the road at risk, it poses an extraordinary danger to motorcyclists who have very little protection from a potential crash. Unfortunately, Maryland motorcycle accidents are often fatal, although many are completely preventable. While it’s impossible to ensure that all motorists drive carefully to avoid potentially tragic accidents, the reality is that sometimes accidents will happen. However, when accidents happen as a result of reckless driving, Maryland law allows victims to hold the reckless driver responsible for the harm caused.

Motorcyclists who are injured as a result of another driver’s recklessness can file a negligence action against the driver which, if successful, can result in monetary compensation for their injuries. All drivers in Maryland are expected to exercise reasonable caution while on the roads, acting as careful as an ordinarily prudent person would under the circumstances. If a driver’s failure to drive safely results in an accident, any accident victims can pursue a claim of negligence. To be successful in such a claim, a plaintiff must prove that the driver had a duty to act carefully in the situation, the defendant failed to act carefully, and the plaintiff was injured as a result.

Take, for example, a recent motorcycle accident in Illinois. According to a local news report covering the accident, a motorcyclist and his passenger were driving south on a divided highway when the crash occurred. The driver of a Ford pickup truck, driving north on the same road, attempted to pass another car in a no-passing zone, and at a point where there was a curve in the road. Unfortunately, this resulted in a head-on crash with the motorcyclist. Both the operator and his passenger were thrown off of the motorcycle. The motorcyclist was seriously injured, and his passenger was pronounced dead on the scene. The driver of the pickup truck was uninjured.

Maryland Motorcycle Accidents Caused by Reckless Driving

September 19, 2019 | Lebowitz & Mzhen

In Maryland, the effects of a motorist’s reckless driving can often be severe, especially for those riding motorcycles. Indeed, Maryland motorcycle accidents are among the most fatal type of traffic accident, and reckless driving is a major cause of these accidents. Under section 21-901.1 of the Transportation Code, reckless driving is defined as driving a motor vehicle “[i]n wanton or willful disregard for the safety of persons or property,” or “[i]n a manner that indicates a wanton or willful disregard for the safety of persons or property.”

Not only are drivers who drive recklessly subject to criminal penalties, but they may also be liable for negligence or gross negligence claims. Drivers in Maryland have a duty to exercise reasonable care under the circumstances. This duty requires drivers to exercise the degree of care that a person of ordinary prudence would exercise under similar circumstances. The extent of a driver’s duty may change depending on conditions of the weather, the time of day, and other circumstances.

For an accident victim to succeed in a Maryland personal injury claim, they must show that the defendant acted negligently by acting or failing to act in a certain way. General negligence claims require showing that: the defendant had a legal duty to use a certain level of care toward the plaintiff; the defendant failed to meet the standard of care required; the plaintiff suffered damages; and the defendant’s failure to meet the standard of care caused the plaintiff’s damages. In more extreme cases, gross negligence claims may be pursued. Gross negligence refers to willful and wanton misconduct, or a wanton or reckless disregard for others.