Articles Posted in Fatal Motorcycle Accidents

Last month, an appellate court in Florida issued a written opinion affirming a lower court’s decision to enter summary judgment in favor of a motorcycle accident victim. While the court determined that the driver who caused the accident was individually liable for the plaintiff’s injuries, the court also held that the trust for which the at-fault driver was a trustee could not be held liable for the plaintiff’s injuries.

The Facts of the Case

The plaintiff was the surviving spouse of a man who was driving his motorcycle eastbound in the slow lane of the Route 50 highway. The defendant, who was operating a flatbed truck, was facing northbound on a perpendicular street, preparing to make a left turn to head westbound on Route 50. As the defendant pulled out into the eastbound lanes of traffic, he cut off the motorcyclist, who collided with the front driver’s-side quarter-panel of the truck. The motorcyclist was seriously injured and taken to the hospital, where he later passed away.

The responding police officer surveyed the accident scene, finding that the motorcyclist tried to brake before colliding with the truck but was unable to come to a stop in time. The officer determined that the defendant was at fault and issued a citation for failing to yield to the motorcyclist.

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Anyone familiar with riding a motorcycle knows that there are certain unavoidable dangers that confront riders every time they get on a bike. Whether it is an intoxicated or distracted driver or a motorist who misjudges the speed at which a motorcyclist is traveling, many of the risks facing motorcyclists are beyond their control. However, of all of the dangers out there, one of the biggest dangers to motorcyclists is aggressive or distracted drivers.

Distracted driving is a broad term used to describe any time a motorist’s attention is diverted anywhere other than the road ahead of them. The reasons for distracted driving vary, but commonly distracted driving involves the use of a cell phone to talk or text. In some cases, a driver can be distracted by other passengers, by eating or drinking, or by adjusting the volume on the radio or the coordinates on the GPS system. In any event, distracted driving is dangerous, and the law discourages the behavior by allowing anyone injured by a distracted driver to hold the distracted driver accountable through a personal injury lawsuit.

Of course, proving that a driver was distracted is not always easy, and it is best left to an experienced personal injury attorney. With an attorney’s help, accident victims may be able to obtain cell-phone records, traffic-camera footage, or witness testimony to establish that another driver was not paying attention.

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Earlier this month, one Maryland man was killed when he was struck by another vehicle while riding on a motorcycle in Upper Marlboro. According to a local news report covering the fatal accident, the collision occurred in the evening hours on Maryland Route 202 near the intersection with Robert Lewis Drive.

Evidently, the motorcyclist was heading southbound on MD 202 when a westbound vehicle traveling on Robert Lewis Drive attempted to make a left-hand turn onto northbound MD 202. As the vehicle executed the turn, it traveled directly into the path of the motorcycle, leaving the operator no time to avoid the collision. The motorcyclist crashed into the side of the vehicle, sending the motorcyclist off the bike and onto the pavement. He later died from the injuries he sustained in the accident. As it turns out, the motorcycle had previously been reported stolen.

Police sent an accident reconstruction team to the scene, and the cause of the accident is still under investigation.

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The chances are that most motorists have had the experience of driving along a winding road when a vehicle pulls out of a hidden driveway, requiring evasive maneuvers and a quick application of the brakes. These hidden driveways are a major hazard on Maryland roads and are fairly commonplace across the state. While hidden driveways are a hazard to all motorists, motorcyclists in particular are at an increased risk due to motorcycles’ increased stopping distance.

Residents who live in a home with a hidden driveway are most likely accustomed to the dangers that are presented when they pull out onto the road. Indeed, many residents strategically install mirrors so that they can see if another vehicle is approaching. However, not every home or business owner with a hidden driveway takes this precaution, and the fact remains that many – if not most – hidden driveways require motorists exiting the driveway to essentially guess when it is safe to pull out.

Motorcycle accidents caused by a vehicle exiting a hidden driveway can be either party’s fault. In cases in which an exiting motorist fails to take notice of an approaching motorcycle, that motorist may be at fault. However, exiting motorists cannot be expected to anticipate a motorcycle speeding around a curve. Thus, these cases are highly fact-dependent and often require the close eye of an experienced personal injury attorney.

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While motorcyclists should take every precaution while on the road, it is not a motorcyclist’s duty to prevent accidents that may be caused by other negligent drivers. While there are a number of common causes of motorcycle accidents, drunk driving in particular presents an especially serious risk to motorcyclists, who have less protection than other motorists and often have less time to react to hazards.

Motorcyclists are already at an increased risk of being involved in a serious or fatal accident. Indeed, a recent study conducted by the Insurance Information Institute suggests that motorcyclists are 27 times more likely to be killed in a traffic accident than those who drive cars or trucks. It is estimated that approximately 21% of all at-fault motorists involved in traffic accidents have a blood alcohol content at or above the legal limit.

Drunk drivers who cause a serious or fatal motorcycle accident may be held liable through a Maryland personal injury or wrongful death lawsuit. If successful, an injured motorcycle accident victim can recover compensation to reimburse them for their medical bills and lost wages. In addition, compensation packages may include amounts to cover future medical treatment, if necessary, as well as any pain and suffering caused by the accident.

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In some cases, the parties responsible for a serious accident are clear. This can make determining against whom to file a personal injury case clear. In other cases, however, figuring out the proper defendant takes a substantial amount of investigation and research.

Determining Liability in Motorcycle Accidents and Whom to Name in Subsequent Claims

In general, most individuals are liable for their negligent acts. However, some individuals may not be liable because they lack the requisite capacity to form intent, and other individuals or entities may be protected through immunity or other laws. For example, children may be too young to be held liable — although their parents may be separately liable in some circumstances. In Maryland, generally, children under the age of seven are thought to be unable to form the requisite intent.

The state and local governments may also be held liable in some circumstances. For example, the State of Maryland can be sued in situations provided by statute. Generally, in claims against state and local governments, plaintiffs must also give notice to certain individuals within a specified time period.

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While most motorcyclists use the necessary caution and attention when riding, the fact remains that some 40% of all motorcycle accidents are caused by the motorcyclist. The percentage of motorcyclist fault in single-vehicle accidents is even higher, reaching well over 50%. In many of these accidents, the motorcyclist is not the only one on the bike at the time of the accident.

Motorcycle accidents can result in serious injuries, time away from work, and significant pain and suffering. It is important for passengers involved in motorcycle accidents to realize that they may be entitled to monetary compensation to help them cover the costs of their injuries. This is even the case in single-vehicle accidents when there are no other vehicles involved.

In fact, under Maryland law, all motorcyclists must carry a certain amount of insurance to cover themselves as well as their passengers. Even if a motorcyclist does not have insurance or has an insufficient amount of insurance, the chances are that a motorcycle passenger’s own insurance policy will cover their injuries.

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It is always important for motorists to pay attention to their surroundings. However, motorists are presented with myriad distractions, ranging from cell phone use to talkative passengers and everything in between. In fact, according to a recent report by the National Highway Transportations Safety Administration (NHTSA), over 3,300 people are killed each year in accidents involving a distracted driver. Additionally, there are 387,000 people injured in similar accidents.

The NHTSA defines distracted driving as “any activity that could divert a person’s attention away from the primary task of driving.” Distracted driving is unsafe, and when a driver is not paying attention and causes an accident, they may be held liable for their negligence. While it may seem difficult to prove that a driver was distracted at the time of an accident, cell phone records, eyewitness accounts, and circumstantial evidence can all help an accident victim show that the driver responsible for their injuries was not paying as close attention to the road as they should have been.

Motorcyclist Killed in Head-On Collision

Earlier this month in California, a motorcyclist was killed when he was struck by an oncoming Ford Crown Victoria. According to a local news source covering the accident, the collision occurred on a rural road in the afternoon hours.

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It’s a well-known fact that riding a motorcycle can be dangerous. Whether it is the risk of another motorist failing to take notice of a nearby motorcycle or the possibility that another motorist misjudges the speed at which a motorcycle is traveling, the dangers of riding a motorcycle are several. It shouldn’t come as a surprise that given the nature of these dangers, the threats that motorcyclists face greatly increase after dark, when visibility decreases and motorists are more likely to be intoxicated.

It is true that motorcycle accidents are over-represented when compared to auto accidents as a whole. However, this does not reflect the general skill level or responsibility of motorcyclists as a group. Instead, this fact simply shows that motorcyclists are more likely than other motorists to be involved in an accident.

The unfortunate reality, however, is that many motorcycle accident victims are viewed with skepticism immediately after an accident. In fact, often, motorists hoping to avoid responsibility for their own negligent actions will try to shift the blame for an accident onto the motorcyclist, knowing that there is a societal stigma against motorcycle accident victims. It is therefore incredibly important for anyone who has recently been involved in a Maryland motorcycle accident to discuss their case with an experienced personal injury attorney to determine whether a claim for damages may be appropriate.

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