Articles Posted in Motorcycle Accident Case Law

Recently, a state appellate court issued an opinion in a personal injury case involving allegations that a local police department was liable for an accident that resulted from a high-speed chase that was initiated by police officers. The case is important for all potential Maryland motorcycle accident plaintiffs to understand because it illustrates the importance of ensuring that all procedural requirements are met when pursing a claim against a state or local government.

MailboxThe Facts of the Case

The plaintiffs were riding a motorcycle on the highway when they were struck head-on by another motorist who was traveling the wrong way. One of the motorcyclists was killed in the accident, and the other was seriously injured. As it turns out, the other motorist was fleeing from police when he entered the highway going the wrong direction. As soon as the motorist got on the highway, police abandoned their pursuit.

The surviving motorcyclist believed she had a claim against the police department, arguing that it was responsible for the accident because the officers were negligent in initiating the pursuit. However, the plaintiff did not provide notice of the claim to the local government, as was required by law, but instead proceeded to file a personal injury claim with the court.

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Recently, a federal appellate court issued a written opinion in a personal injury case that raised an interesting issue that may arise in Maryland motorcycle accident cases. The case presented the court with the opportunity to discuss whether the plaintiff’s negligent entrustment claim against a rental car agency was sufficient as a matter of law, based on the fact that the agency rented a vehicle to a customer who was under 25 years old in violation of company policy.

Ford MustangThe court ultimately concluded that the fact the agency rented to an underage driver, without any other specific knowledge of the driver’s habits or predispositions, was insufficient to show that the agency should have known the customer posed a risk to others.

The Facts of the Case

The plaintiff was injured in a motorcycle accident when the driver of a Ford Mustang made a left turn in front of the plaintiff’s motorcycle, cutting him off. As it turns out, the 21-year-old driver of the Mustang had rented the car from the defendant rental car agency. The rental car agency had a policy not to rent vehicles to those under 25 years of age. However, the owner of the agency made an exception and rented the vehicle despite the customer’s age.

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Earlier this month, an appellate court in Kentucky issued a written opinion in a motorcycle accident case that illustrates a very important principle that also applies to many Maryland motorcycle accident cases. The case required the appellate court to determine if sufficient evidence existed to support the jury’s verdict in favor of the defendant. Finding that sufficient evidence did exist, the court affirmed the jury’s verdict.

Fallen TreeThe Facts of the Case

A few days after a major wind storm, the plaintiff was injured when he struck a fallen tree in the middle of the roadway. The plaintiff filed a personal injury lawsuit against the county engineer, as well as the engineer’s supervisor, arguing that they were negligent in failing to follow their duty to maintain a clear roadway.

Initially, the engineer argued that he was entitled to government immunity because he did not believe tree removal to be a part of his job. However, that issue was appealed, and it was determined that the engineer was not entitled to government immunity merely because he was unaware of his full duties. After that decision, the case was sent back to the trial court to proceed toward trial.

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Earlier this month, an appellate court issued a written opinion in a motorcycle accident case illustrating what can happen if a party fails to comply with the pre-trial discovery process. While the decision was issued by a South Carolina court, the same principles apply in Maryland motorcycle accidents.

GavelThe case arose from a motorcycle accident that the plaintiff claimed was caused by the defendant’s negligence. After the case was filed, the parties each requested discovery from the other side. In the pre-trial discovery process, a party is able to request relevant information that it believes may be in the possession of the opposing side. Once a judge approves a discovery request, the party who has the information is required to pass it. A failure to pass the ordered discovery can result in various penalties, up to and including the dismissal of the plaintiff’s claim.

In this case, the defendant requested certain income tax documents from the plaintiff. The judge granted the defendant’s request and ordered that the documents be passed by December 17, 2015. About a year after the deadline, the defendant filed a motion to compel discovery with the court. The court granted the motion and also ordered that the plaintiff pay some of the defendant’s attorney’s fees that related to the prolonged litigation over the documentation.

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