Fatal Motorcycle Accidents

Intoxicated Maryland Driver Kills Motorcyclist in Tragic Accident

August 13, 2020 | Lebowitz & Mzhen

Driving while under the influence of drugs or alcohol is always dangerous, for both the drunk driver as well as for others on the road. And, unfortunately, it can be especially dangerous for Maryland motorcyclists. Sharing the road with an intoxicated driver is never safe, but for Maryland motorcyclists, crashes can be more serious or even fatal than those in cars. Additionally, they may be more likely to be hit by intoxicated drivers in a Maryland motorcycle accident than cars or trucks, because motorcyclists take up less space and are less visible, particularly to drivers operating their vehicle under the influence at night.

There’s a reason that operating a vehicle under the influence is against the law. When driving drunk or otherwise intoxicated, a driver is less likely to be aware of their surroundings or to know what is going on. Additionally, intoxicated drivers have slower reflexes to respond to other drivers—or motorcyclists—and are also more likely to drive recklessly by not following traffic rules or speed limits. All of these things can result in incredibly serious accidents, including one that happened in Maryland last month.

According to a local news article covering the incident, a 37-year-old man from Temple Hills was driving, presumably under the influence of alcohol and marijuana, when he crossed over the yellow line on Route 54 in Nesquehoning. He hit a motorcycle driven by a 30-year-old Landford man, tragically throwing the cyclist from the motorcycle and killing him. When police arrived on the scene, they reported a strong smell of marijuana and paraphernalia in the intoxicated driver’s car.

What If an Accident Victim Is Partially at Fault for Causing a Maryland Motorcycle Accident?

August 5, 2020 | Lebowitz & Mzhen

It is often not clear who was at fault for a motor vehicle accident, which is why so many accidents lead to insurance disputes and litigation. If a plaintiff is at least partially at fault for an accident, the plaintiff’s ability to recover depends on the jurisdiction where the claim is filed. In the event a motorcycle accident claim is filed in a Maryland court of law, the case would be subject to the doctrine of contributory negligence. Under this doctrine, if a plaintiff is found to be even partially at fault in a Maryland case, the plaintiff cannot recover compensation from the defendant. Many other jurisdictions still allow a plaintiff to recover even if the plaintiff is partially to blame, and in some cases, even if the plaintiff is mostly to blame. In jurisdictions that apply the contributory negligence doctrine, such as Maryland and Virginia, the results can be very harsh for injured accident victims.

A jury in a Maryland motorcycle accident case is allowed to consider the plaintiff’s fault in addition to the defendant’s; however, the doctrine may only be considered where there is evidence of the plaintiff’s purported negligence. In addition, while the plaintiff normally has the burden to prove all elements of their case, the defendant has the burden of proving the plaintiff’s alleged negligence. Proving who was at fault in an accident requires a plaintiff to establish that the defendant owed them a duty, they breached that duty, and that the breach of the duty was the cause of the plaintiff’s injuries. The plaintiff also must prove that the defendant’s actions were sufficiently related to the injuries such that the defendant should be held liable. The General Assembly of Maryland has continued to affirm the application of contributory negligence for many years, although more recently the state has acknowledged calls for reform.

Motorcyclist Dies After Crash with Pickup Truck

A local news source reported on a fatal motorcycle crash that occurred on a recent Saturday morning. The crash, which took place at around 9:45 a.m., occurred when the motorcyclist crossed paths with a driver in a pickup truck that was hauling a boat in the opposite direction as the motorcyclist. The pickup truck driver tried to make a left-hand turn when the motorcyclist crashed into the front of the pickup truck. The motorcyclist died from his injuries at the scene of the crash. Officials reported that the motorcyclist was wearing a helmet at the time of the crash. The accident is still under investigation.

Recent Severe Weather May Increase the Number of Maryland Motorcycle Accidents

July 14, 2020 | Lebowitz & Mzhen

July has seen some intense weather on the Eastern United States, as severe storms have traveled all across the coast, including Maryland. With the climate changing, severe weather is thought to become more and more common across the United States, and summer rainstorms are just one example. While severe storms can cause a lot of damage to property, power lines, and infrastructure, it is important to recognize that they are also associated with higher rates of Maryland accidents. This is particularly of concern for Maryland motorcyclists—who may be at increased risk when driving in a storm.

For example, a fatal motorcycle accident occurred earlier this month. The accident was caused in part by the severe storms passing over the area. According to a local news report, the accident occurred on a Sunday afternoon. The motorcyclist had decided to park beneath an overpass to stay dry and wait out the storm. However, another vehicle tragically lost control in the severe weather and hit the motorcyclist. The motorcyclist died, and there is no publicly available information on the status of the driver who hit him.

The tragic accident above shows how quickly a storm can create dangerous driving conditions, and how quickly those conditions can lead to a fatal crash. One of the biggest concerns for motorcyclists driving in Maryland is visibility. Because motorcyclists are smaller than the typical vehicle on the road, there may be times when other cars or trucks are unaware of them while passing or merging, causing a deadly crash. This is especially of concern when weather conditions result in reduced visibility. Rain, hail, sleet, or snow can all interfere with a driver’s visibility. Sometimes, they may not see the motorcyclist at all, or until it’s too late. Additionally, intense weather conditions can make it difficult to swerve to avoid an accident or even stay straight on the road. Motorcyclists are particularly vulnerable to serious injuries due to their relative lack of protection and barriers between them and the road or other vehicles.

When Are Punitive Damages Available in Maryland Motorcycle Accidents?

July 7, 2020 | Lebowitz & Mzhen

Motorcyclists injured in a Maryland motorcycle accident are entitled by state law to file a civil negligence suit against whoever they believe caused the accident. These lawsuits, if successful, can result in an accident victim obtaining compensation for their pain and suffering, past and future medical expenses, lost wages and more. Unlike criminal lawsuits, the purpose of personal injury lawsuits is to make the plaintiff whole, not to punish the defendant, and so damages typically only cover the amount of harm the plaintiff actually suffered.

In rare cases, a court may allow punitive damages, which are additional damages awarded to the plaintiffs in order to “punish” the defendant for particularly egregious behavior. Punitive damages are rare, and only appropriate in cases where the defendant’s conduct was especially wanton and malicious, rather than just negligent.

For an example of a case that might result in punitive damages, take a recent tragic motorcycle accident that sent a couple to the hospital with severe injuries. According to a local news report covering the incident, a couple on a motorcycle was hit from behind by a black Jeep, throwing them from the motorcycle and onto the road. The couple suffered severe injuries and were taken to the hospital. The driver of the motorcycle had his head split open in two places and will have to learn to walk again after breaking his leg and ankle. His girlfriend and passenger suffered internal bleeding, a broken leg, a broken arm, and now has to wear a neck brace.

The Statute of Limitations and Its Exceptions in Maryland Motorcycle Accident Cases

June 25, 2020 | Lebowitz & Mzhen

A statute of limitations is a law that prescribes a period of time in which a certain type of legal claim must be filed. Statues of limitations may be longer or short depending in the type of claim. For instance, for medical malpractice claims, the claim must be filed within the earlier of five years of the date of injury or within three years of the date the injury was discovered. The purpose of statutes of limitations is to limit the ability to bring a suit indefinitely in order to provide fairness and predictability for potential defendants. In a Maryland motorcycle crash case, generally there is a three-year statute of limitations. This three-year statute of limitations applies in both personal injury cases and in wrongful death cases in Maryland.

In general, an accident victim cannot file a claim after the statute of limitations has passed. However, there are exceptions to late filings in some cases. First, the clock generally starts when the injury or death occurred—but not always. For example, if an injury could not reasonably have been discovered, the statute of limitations may not start until the injury reasonably should have been discovered. An exception may also apply if the injured person was incapacitated and unable to file a claim. After a crash, it is important to have a potential Maryland personal injury claim evaluated by a Maryland personal injury attorney to assess whether another person or entity may be responsible for your injuries, as well as to verify the applicable statute of limitations and whether an exception may apply.

Maryland Army National Guard Solider Dies in Motorcycle Crash

A Maryland Army National Guard solider was killed in a recent off-duty crash in Owings Mills, Maryland, as reported by one news source. According to police, the solider was riding on his motorcycle southbound on a boulevard when he lost control of his bike. He was thrown from his motorcycle and hit by a vehicle traveling northbound on the same road. He was transported to a local hospital where he later died. At this point, it is unclear why the motorcyclist lost control of the bike, and why the motorist was unable to avoid hitting the biker. The accident is still under investigation.

The Benefits of Filing a Wrongful Death Suit after a Fatal Maryland Motorcycle Accident

June 5, 2020 | Lebowitz & Mzhen

According to a local news report, a woman was tragically killed in a motorcycle accident as she approached an intersection where a vehicle was stopped in a turn lane. The vehicle then moved into the path of the motorcycle, which resulted in the cyclist hitting the car. When officers arrived, they found the woman on the ground in the intersection. The victim was in life-threatening condition and later passed away at the hospital. Although this incident occurred in another state, similar accidents involving motorcycles claim lives every day in Maryland. In the wake of these tragedies, Maryland law allows families to file wrongful death lawsuits against responsible parties in the accident.

These cases allow for loved ones to seek relief for their harm, and Maryland law grants independent authority for spouses, parents, and children of the deceased to bring action against those accountable for the accident. Additionally, state law dictates that if the deceased did not have a surviving spouse, child, or parent, individuals related to the deceased through blood or marriage and those who were substantially dependent on the victim may also have grounds to sue.

Wrongful death lawsuits can provide the means for families to recover significant monetary damages. In Maryland, a variety of types of damages are recoverable. Following the loss of a loved one, finances can really add up – medical expenses, funeral and burial costs, and property damage can be overwhelming and burdensome for families who are still recovering emotionally. However, wrongful death claims could assist in alleviating the burden for you and loved ones, and potential damages for pain and suffering could pave way for continued healing and recovery of those mourning the deceased.

Contributory Negligence in Maryland Motorcycle Accidents

May 19, 2020 | Lebowitz & Mzhen

When someone is injured or killed in a Maryland motorcycle accident, either the injury victim or their loved ones can bring a personal injury or wrongful death claim against the responsible party or parties. To establish liability, a plaintiff must prove that the defendant violated a duty of care that they owed to the accident victim, and that the defendant’s breach of that duty was the cause of the accident victim’s injury or death. This is the legal definition of negligence.

Even in situations where a defendant is negligent, the plaintiff may still run into problems pursing a claim for compensation. For example, under the Maryland doctrine of contributory negligence, an accident victim who shares responsibility in causing an accident cannot recover for their injuries. This is the case even if the accident victim is found to be just five or ten percent at fault. Maryland insurance companies routinely rely on principles of contributory negligence when looking for reasons to deny an insured’s claim. For this reason, it is crucial that accident victims or their family members work with an experienced Maryland motorcycle accident attorney who is familiar with the doctrine of contributory negligence and how to minimize any possible role an accident victim played in bringing about the accident resulting in their injuries or death.

Man Killed in Maryland Motorcycle Accident on Crain Highway

Earlier this month, one man was killed in a Maryland motorcycle accident when a minivan changed lanes, colliding with the motorcyclist. According to a local news report, both the motorcyclist and the minivan were heading southbound on Crain Highway just north of Capitol Raceway Road. As the minivan began to move over into the left-turn lane, it did not see that the motorcyclist was already occupying the lane.

Wrongful Death Lawsuits Following Fatal Maryland Motorcycle Accidents

April 20, 2020 | Lebowitz & Mzhen

Motorcycle accidents are among the most likely to result in serious injury or death due to the lack of protection riders have while on a bike. While wearing a helmet can help to reduce the risk of injury, some accidents are so severe that even wearing a helmet won’t change the outcome. In fact, each year, approximately 69 people die as a result of Maryland motorcycle accidents.

Whenever someone gets onto a motorcycle, they are placing their lives in the hands of other motorists. While some motorcycle accidents can be avoided, many cannot, even when exercising the utmost care. Those who have lost a loved one in a Maryland motorcycle accident may be eligible for compensation for their loss through a Maryland wrongful death lawsuit.

A Maryland wrongful death lawsuit is a type of personal injury case that is intended to compensate the family members of an accident victim. In most cases, a wrongful death claim must be filed by a “primary beneficiary,” which are defined as spouses, children, and parents. If there are no primary beneficiaries available to file the claim, a secondary beneficiary can pursue a wrongful death case. Secondary beneficiaries are defined as “any person related to the deceased person by blood or marriage who was substantially dependent upon the deceased.”

The Benefits and Drawbacks of Settlement Agreements in Maryland Motorcycle Accident Cases

April 13, 2020 | Lebowitz & Mzhen

A trial may be the best way for a plaintiff to obtain compensation in a Maryland injury case. It may allow the plaintiff to recover the most compensation, particularly when a reasonable settlement is not attainable. In other cases, a settlement may be preferable. Trials can drag a case out for years, especially if the case is appealed. It can also be draining, as parties often have to relive painful and emotional moments. A settlement may also allow a plaintiff to obtain compensation faster. It also guarantees payment, as opposed to a trial, which may result in the plaintiff receiving no compensation.

Parties may be able to obtain a settlement with one or more other parties, and proceed to trial with claims against others through a class action lawsuit. For example, a class action lawsuit may be appropriate when there is some defect with a motorcycle part or helmet resulting in many riders being injured. Some settlements require that the court approve the settlement, while others depend solely on the agreement of the parties. In the case of class action lawsuits, a court must find that the plaintiffs understand the terms of the settlement and to decide whether to join in or opt-out of the settlement and that the result of the agreement is fair.

There are also limitations on settlements obtained soon after an injury. Under Maryland Code § 5-401.1, a release by an injured individual that is signed within five days of the injury is voidable for 60 days. A party that may be at fault for another person’s injury also cannot negotiate or attempt to negotiate a settlement within 15 days of the injury. If a settlement or released is obtained while an injured individual is in a hospital or sanitarium and contrary to the law, it cannot be used “for any purpose in any legal action in connection with the injury.”

Holding Drivers Responsible for Maryland Hit-and-Run Motorcycle Accidents

March 27, 2020 | Lebowitz & Mzhen

Victims of Maryland motorcycle or scooter accidents are legally entitled to file a civil negligence claim against the driver responsible. These claims, if successful, can provide injured motorcyclists with financial compensation for the injuries they suffered, including for past and future medical bills, lost wages, and even burial and funeral costs. In order to do so, however, plaintiffs must be able to identify and find the individual responsible. This may be harder in hit-and-run accidents, where the at-fault driver leaves the scene of the accident before providing identifying information or helping those who were injured.

For example, a man in Texas was recently killed in a hit and run accident while riding a scooter with a passenger. According to a local news report covering the accident, the collision occurred at around 8 p.m., with an SUV hitting the scooter and then driving off. When authorities responded to the accident, they took both the driver of the scooter and his passenger to the hospital, where the driver, unfortunately, passed away.

This incident illustrates the devastation that can occur with hit and run accidents; when an accident occurs and results in bodily injury, Maryland law requires that all drivers involved stop as close to the scene as possible and render reasonable assistance to any injured party. This means they may need to call an ambulance, and they are also required to provide their name and information to the others involved. If the others involved are unconscious or otherwise unable to meaningfully receive the information, the information must be provided to the police. Even if the car is parked and the owner is not around, the individual who hits it must leave a written note with their information. This law protects accident victims by (1) ensuring that, if they are injured, someone is able to call medical assistance for them and (2) ensuring that they have the information needed to file a civil negligence suit if appropriate.