Articles Posted in Fatal Motorcycle Accidents

On its face, parking lot and parking garage accidents and lawsuits may seem similar; however, they often fall under two different legal theories. While car and motorcycle accidents often occur on highways or congested roadways, parking lot and garage accidents are quite common. Even though cars tend to be traveling at lower speeds in these areas, the accidents can still result in devastating consequences. Injury victims should contact a Maryland motorcycle accident attorney to discuss their recovery options.

A recent news report described a parking lot accident between a motorcyclist and a box truck. According to an initial investigation, the motorcyclist was leaving a restaurant parking lot when he pulled in front of a box truck. The truck driver attempted to veer out of the way but could not. The motorcyclist died at a local hospital, however, local authorities stated that the driver will not face criminal charges.

What Are the Main Casues of Accidents in Parking Lots?

Parking lot accidents can occur in various situations, such as when vehicles are backing out of a spot, turning out of a lot, or entering space simultaneously. Contrary to what many people believe, drivers are not automatically equally at-fault for a parking lot accident. Instead, courts treat these cases like any other vehicle accident. Insurance companies and courts make liability determinations by looking at the totality of the circumstances. However, even in cases where fault and liability are apparent, defendants may present affirmative defenses to avoid liability. For this reason, it is best to consult with an experienced personal injury attorney before filing your case.

Following a major accident that results in the death of a loved one, it can often feel overwhelming as you get their affairs in order and manage the fallout of losing someone close to you. If the death of your loved one was the result of another party’s negligence or carelessness, however, you may have grounds to file a wrongful death lawsuit—and hold those who are responsible for the accident accountable for their actions.

According to a recent news report, a 13-year-old boy was killed in a hit and run crash. Local authorities reported that a truck was driving north when it struck the boy, who was riding his bicycle. The boy was killed as a result of the crash and the pickup truck fled the scene. State highway patrol is seeking assistance from the public in identifying and locating the pickup truck involved in the crash, and the accident remains under investigation.

Following a major accident that is the result of the at-fault party’s negligence or carelessness, potential plaintiffs should consider filing a wrongful death lawsuit. Although the at-fault party in the case described previously may face criminal penalties for fleeing the scene in Maryland, this only results in criminal charges, rather than monetary compensation. To receive monetary compensation for their actions, potential plaintiffs must file a separate lawsuit in civil court to do so.

Accidents involving a motorcycle can be extremely dangerous. According to the National Highway Traffic Safety Administration, motorcyclists were approximately 29 times more likely than those who ride in a car to die in a motor vehicle crash and 41 times more likely to be injured. So when a motorcycle driver is injured or killed in one of these accidents, they may wish to bring a lawsuit against the responsible party. To be successful in their lawsuit, the individual—the plaintiff—must prove the defendant was at fault for the accident and the plaintiff’s injuries. While it sometimes may be easy to determine who is at fault in such accidents, other times it may be more difficult to prove.

A motorcyclist was recently killed after colliding with a large truck. According to a local news report, the driver of the commercial pickup truck was attempting to turn left when it struck a motorcycle. The driver of the motorcycle—who was wearing a helmet—was taken to the hospital and later died of his injuries.

When accidents like this occur, it is important to determine who is at fault—especially in those instances when a lawsuit is brought. Because motorcycle drivers are more likely to be injured or killed in accidents involving a car, it is often assumed the motorcycle driver is not at fault. However, there are still facts a motorcycle driver must prove to prove the other individual caused the accident. The plaintiff can establish fault in a few ways.

When motorcycle accidents take place, they can often have devastating consequences because they lack the shield that passenger vehicles provide to drivers and occupants. Among the various types of accidents involving motorcycles, however, left turn accidents account for nearly 36 percent of fatal collisions. Because of the vulnerability of motorcyclists, left turn accidents yield a higher likelihood of injury, and are often an understated danger when sharing the road with other drivers.

According to a recent news report, a 20-year-old motorcyclist was killed Sunday evening after being involved in a two-vehicle crash. Local authorities reported that the man was driving his motorcycle east when a westbound SUV attempted to make a left turn. The SUV began to make its turn when the motorcycle hit the SUV’s right side. The motorcyclist was transported to a local hospital, where he later died from his injuries. The accident remains under investigation.

Although it may seem obvious why left hand turn accidents occur involving motorcycles, a variety of contributing factors could lead to the collision taking place.

Although motorcycles and city scooters can often present a more mobile, agile, and compact way of getting around on a daily basis, they can also present a number of unique risks. Unfortunately, when compared to regular passenger vehicle accidents, motorcycle and scooter accidents are often inherently more dangerous. Understanding the additional risks that operating a motorcycle or scooter can pose can help you proactively avoid risky situations when operating one or can make you more aware of your passing motorcycles or scooters as a passenger vehicle driver.

According to a recent news report, a woman died after she collided with a truck while riding a Lime scooter. The woman crashed into the rear tires of a moving truck after she swerved into the roadway. Police pronounced the woman dead at the scene. Following an initial investigation, local authorities noted that there were no indications of alcohol involved in causing the crash. The accident remains under investigation, and further examination of the scooter and toxicology testing conducted by the medical examiner’s office is expected.

Scooters are not exactly the same as motorcycles, but they do share many of the same risks and issues when it comes to being more susceptible to accidents. As scooters have increased in popularity and are more accessible than ever in major metropolitan areas, accidents have increased as well. So, what is it exactly that causes motorcycles or scooters to be more likely to be involved in a collision that causes injury or even death?

Motorcycles can be a mobile, convenient, and fashionable way to switch up your commute or your everyday routine. Unfortunately, motorcycles can also be unsafe and carry risks that other types of passenger vehicles do not possess. In addition to potentially high speeds, motorcycles also do not have the protection of a regular car surrounding the driver that could insulate them from an accident, and can often be difficult to see when road conditions are poor or nearby drivers are not paying attention. In fact, these factors are likely why motorcycle accidents frequently result in devasting injuries, property damage, and in extreme cases, even death.

According to a recent local news report, a Maryland man tragically passed away after his motorcycle was involved in a crash west of Dover. Law enforcement stated that the 25-year-old motorcyclist was traveling east when he approached a car planning to make a left turn at the upcoming intersection. The motorcyclist was subsequently struck by the car and was later transported to a local hospital where he was pronounced dead. The driver of the car was uninjured. The accident remains under investigation by local authorities and accident reconstruction specialists.

Unfortunately, Maryland is no stranger to motorcycle accidents. In Maryland, the five-year average of fatal crashes from 2016 to 2020 has been 73 accidents per year. In addition, an average of 980 people per year are involved in injur-causing motorcycle crashes and 304 individuals were involved in property damage-related motorcycle crashes for the same time period. Overall, in 2020, 1,288 reported motorcycle crashes took place in Maryland, with 1,091 involving injuries.

Two Maryland residents were killed in separate motorcycle crashes in Charles County, Maryland over a recent weekend. According to one news source, the first crash occurred around 3:30 pm on a Friday afternoon in Waldorf, Maryland.

According to law enforcement, the motorcyclist crashed with a van that was pulling out a driveway. The 20-year-old motorcyclist died at the scene. The second crash occurred on a Saturday morning in Bryans Road, Maryland. Law enforcement reported that the motorcyclist was driving around a curve when she lost control of the motorcycle, crossed the center lines, and was hit by an oncoming vehicle. The 44-year-old motorcyclist also died at the scene of the crash.

What Are the Time Limits for Filing Maryland Motorcycle Accident Lawsuit?

Most civil lawsuits must be filed within a certain time period—failing to do so generally means that the case will be dismissed. In Maryland motorcycle accident cases involving an injury to a person, there is a three-year statute of limitations that applies in most cases. In Maryland motorcycle cases resulting in the death of a person, a three-year statute of limitations also applies. This means that the case must be filed with the court within three years of the date of the crash. The time limit for a claim, known as the statute of limitations, is meant to limit the liability of a defendant to a certain time period to provide predictability and fairness to potential defendants.

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While many people consider winter weather and rain as one of the most hazardous driving conditions, sun and glare can cause many Maryland car accidents. A fundamental aspect of safe driving conditions is the driver’s ability to see road conditions and potential hazards. Sun glare and excessive brightness can significantly obstruct a driver’s view, making it nearly impossible to view the roadway.

According to reports by the U.S. Department of Transportation and the National Highway Traffic Safety Administration crash statistics, as many as 9,000 glare and sun-related accidents occur every year in the United States. Thereby making sun glare one of the leading causes of environmental-related accidents in the country.

Even though many people prefer to drive on clear and sunny days, excessive brightness or glare can increase the likelihood of an accident. Many of these accidents occur because of glare off the road or other items such as windshields that can reflect onto the driver’s eyes. For example, local news reports described a Maryland accident that took the life of a motorcyclist and seriously injured his passenger. Police explained that an 85-year-old driver stated that he was blinded by the sun when pulling out from a parking lot. As a result, he was in the east and westbound lanes when he slammed into the motorcycle.

In the tragic event of the loss of a loved one in a Maryland motorcycle accident, family members may be able to recover financial compensation by filing a wrongful death claim against those at fault for the crash. A wrongful death claim allows certain qualifying family members to file a claim to recover compensation based on the losses stemming from the victim’s death. However, the victim’s role in contributing to the accident may limit family members’ ability to recover compensation through a wrongful death claim.

In a Maryland wrongful death case, if the victim is found to be at least partially at fault for causing their own death, the victim’s family cannot recover in a wrongful death claim. Maryland courts follow the doctrine of contributory negligence, which means that a plaintiff cannot recover if the plaintiff (or the decedent in a wrongful death claim) is found to be even partially at fault. For example, in a recent crash described below a motorcyclist died in a fatal motorcycle crash. In a case such as that one, a defendant might argue that the motorcyclist’s actions contributed to their death.

While most other states will still allow plaintiffs to recover at least some compensation if the plaintiff (or decedent) is found to be partially at fault, Maryland has not yet changed its law on contributing negligence despite calls for reform. However, a defendant will have the burden to prove that the victim was at fault because of the victim’s specific actions or failure to act. The defendant must provide some evidence of the plaintiff’s (or decedent’s) negligence. The standard for proving causation, like other elements of a negligence claim, is whether it is more likely than not to be the cause of the plaintiff’s injuries.

As roads are often being repaired, traffic is frequently reconfigured as a result. Maryland’s current “Traffic Relief Plan” includes improvements to I-495, I-270, I-695, and I-95, potentially affecting traffic patterns on major roadways in the state. And while repairs can improve the safety and condition of roads, changes in traffic configurations can also lead to Maryland motorcycle crashes as people adjust to the new configurations. Particularly on routes they are familiar with, drivers may not expect the detours, shifting or narrowing of lanes, new roads, or other new configurations. If they are not paying close attention, they may veer off the road or lose control. Despite the COVID-19 pandemic, construction projects have continued in Maryland. And although there was less traffic in Maryland in 2020 due to the pandemic, fatal crashes in the state increased by 12 percent from the previous year, and overall crashes increased by nine percent.

Maryland drivers are expected to exercise reasonable care while driving, which includes being vigilant and looking out for new traffic configurations. Even if a driver encounters a dangerous situation because of a new traffic configuration, the driver must still exercise reasonable care considering the circumstances. The driver is expected to exercise the degree of care that a reasonable, prudent person would, considering the circumstances and in light of the time that the driver has to evaluate the choices.

If a driver fails to exercise reasonable care and injures another person, the driver may be liable for those injuries. In a Maryland negligence claim, a plaintiff must show that a defendant had a legal duty to the plaintiff, the defendant failed to meet that duty by acting or failing to act in some way, the defendant’s wrongful act caused the plaintiff damages, and the plaintiff suffered damages. A plaintiff has to prove all elements of a negligence claim by a preponderance of the evidence. Maryland motorcycle crash victims may be able to recover financial compensation through a civil claim for medical bills, wage losses, pain and suffering, and other damages.

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