Motorcycle Accident Case Law

Helmet Use Reduces Severe Injuries in Motorcycle Crashes but Does Not Affect Legal Claims in Maryland

March 31, 2025 | Lebowitz & Mzhen

Motorcycle accidents lead to severe injuries at a disproportionately high rate compared to other traffic collisions. Research consistently shows that wearing a helmet significantly lowers the risk of fatal head injuries and reduces the likelihood of intensive medical intervention. A recent study, Injury Patterns and Outcomes in Motorcycle Driver Crash in the United States: The Effect of Helmet Use, reinforces the importance of protective gear.

Despite the undeniable benefits of helmet use, Maryland law does not consider failure to wear a helmet to be contributory negligence in motorcycle accident claims. This distinction is critical because Maryland follows a strict contributory negligence rule that prevents injured riders from recovering compensation if they are found even slightly at fault for a crash.

Helmet Use and Injury Severity in Motorcycle Accidents

Motorcycle Accidents and Legal Rights Under Maryland Law

September 30, 2024 | Lebowitz & Mzhen

A tragic motorcycle accident recently resulted in a fatality when the rider collided with a tractor attempting a left turn. The motorcyclist laid the bike down to avoid the collision but still struck the rear of the tractor. Motorcycle accidents like these can be devastating and raise significant legal questions about liability, safety, and compensation. For motorcycle accident victims and their families in Maryland, understanding the legal process is crucial, and seeking help from an experienced attorney can make all the difference.

Liability in Maryland Motorcycle Accidents

One of the key legal questions in any motorcycle accident is determining who is at fault. Under Maryland law, liability often comes down to whether a driver or motorcyclist acted negligently. In this case, the motorcyclist was attempting to avoid a collision. Still, the specific actions of both the motorcyclist and the tractor driver would need to be examined closely to determine fault. Maryland follows a “contributory negligence” rule, which means that if the injured motorcyclist is found to have contributed even slightly to the accident, they may be barred from recovering compensation.

When Can Non-Expert Witnesses Provide Opinion Testimony in Maryland Courts?

May 25, 2020 | Lebowitz & Mzhen

In a trial following a Maryland motorcycle crash, a non-expert witness is limited in the testimony they are allowed to provide in court. Non-expert witnesses, or lay witnesses, are those not testifying as experts—because they have not been qualified by the court as experts. Under Maryland Rule 5-701, a lay witness may testify in the form of an opinion or an inference only when the opinion or inference is “rationally based on the perception of the witness,” and the testimony is “helpful to a clear understanding of the witness’s testimony or the determination of a fact in issue.” A lay witness may not provide an opinion that is based upon specialized knowledge, training, or experience, because the witness must be qualified as an expert to do so. Generally, a court has significant discretion to admit lay witness or expert witness opinion.

In a recent case before a state appellate court, the court considered whether several non-expert witnesses should have been allowed to testify about the speed of a motorcycle before a crash. In that case, a motorcyclist was riding his motorcycle when he crashed with another vehicle. The motorcyclist died as a result of his injuries, and his family filed a wrongful death claim and a negligence claim against the two occupants of the other vehicle. The case went to trial and the jury found in favor of the defendants.

On appeal, the plaintiffs argued that the court should not have allowed the witnesses at trial to estimate the speed of the motorcycle. During the trial, several witnesses who heard the crash testified that just before the crash, the motorcyclist was driving fast, and was going about 80 to 100 miles per hour based on the sound of the motorcycle’s engine. A police officer who heard the crash also estimated that the motorcyclist was driving between 60 and 80 miles per hour before the crash.

Effect of Contributory Negligence on Jury Decisions in Maryland Motorcycle Accidents

March 20, 2020 | Lebowitz & Mzhen

States have different laws concerning the effect of the liability of the plaintiff on their ability to recover. Maryland follows the doctrine of contributory negligence. Under the doctrine of contributory negligence, juries in Maryland motorcycle accident cases may consider the fault of the plaintiff along with the fault of the defendants. If the jury considers the plaintiff’s fault and finds the plaintiff is even partially at fault for their injuries, the plaintiff cannot recover from the defendant(s). However, contributory negligence is not automatically considered in every Maryland jury trial. In Maryland, a court is required to give the jury an instruction on contributory negligence only if the evidence supports such an instruction. That is, there must be evidence to suggest that the plaintiff was negligent in order to warrant such an instruction.

Critics say that the consequences of the contributory negligence doctrine can be extremely harsh for plaintiffs, and most states have adopted a different approach. Many states follow the doctrine of comparative negligence. Under that doctrine, a plaintiff generally can still recover compensation even if they are still found to be at fault. In some states, a plaintiff is limited as long as the plaintiff is found to be 50% or less at fault.

In a recent opinion, one court considered the impact of a jury’s decision finding that the defendant was not liable for the plaintiff’s injuries in a comparative fault jurisdiction. There, the plaintiff was a passenger on a motorcycle when the motorcycle got into a crash with a tractor. The plaintiff filed a claim against the motorcycle driver and the farmer that was driving the tractor.

Gross Negligence in Maryland Motorcycle Accidents

January 6, 2020 | Lebowitz & Mzhen

Maryland motorcyclists and all other drivers must exercise reasonable care at any time that they are on the road. At times, a driver’s lack of care goes beyond simple negligence. Under Maryland law, gross negligence refers to willful and wanton misconduct, which is considered as something more than simple negligence, and closer to reckless conduct. Gross negligence signifies conduct “in reckless disregard of the consequences” and the actor’s lack of concern for the effect on another person’s life or property. It also suggests a disregard of the consequences without any attempts to avoid them. Whether gross negligence was committed is fact-specific and is generally a question for a jury. A recent case is an example of a situation in which one state appeals court found that gross negligence may have resulted in a motorcycle crash.

According to the court’s opinion, a raceway obtained a license from a racing federation to hold federation-sanctioned motorcycle events. An association managed operations for the raceway. To control erosion, the association placed unmarked sandbags around the raceway. The association did not have any staff with experience or training in track safety, and the placement of sandbags violated federation standards. The plaintiff was competing in a motorcycle racing event and lost control of his motorcycle. He entered the safety zone, collided with the sandbags, and suffered serious injuries. He was not warned of the sandbags, which were the same color as the track.

The plaintiff filed a claim that alleged that the association was liable for gross negligence and that the county was liable for a dangerous condition of public property. After a trial court dismissed the claim, a state court of appeals reversed. The appeals court found that it might have been grossly negligent for the association to divert money to operations instead of erosion protection and to rely on the assessments of an executive with no track safety training. In addition, the raceway association could be found liable for a dangerous condition.

Manyland Motorcycle Accident Victims Naming Government Entities as Defendants Must Follow Certain Procedures

September 5, 2019 | Lebowitz & Mzhen

Historically, the state and federal government were entitled to immunity from most types of liability. Thus, unless a government entity specifically consented to being named in a lawsuit, the case would be dismissed by the court. However, about a century ago the federal government, as well as all the state governments, passed laws called tort claims acts. These laws enumerated certain types of claims that could be brought against a government. The Maryland Tort Claims Act allows certain types of personal injury accidents to be filed against the state, including some Maryland motorcycle accidents.

Most states follow one of two types of tort claims acts. The first type allows for a very narrow range of claims to be filed against the government. However, if a claim is allowed, the plaintiff can typically recover significant damages against the government. Maryland’s tort claims act operates differently in that it allows for a very broad range of claims to be pursued against the government, but implements a fairly low damages cap in these cases. Thus, many Maryland personal injury plaintiffs are able to recover, but few recover enough money to fully compensate them for their injuries.

To successfully file a Maryland personal injury lawsuit against a government entity, the plaintiff must comply with the procedural requirements set out in the tort claims act. The Maryland Tort Claims Act (MTCA) typically requires the plaintiff to provide notice of the claim, including her theory of liability and what damages she is seeking. If a plaintiff fails to follow these procedures, her case will likely be dismissed. And if this occurs after the statute of limitations has run, she will be left without any means of recovery. Thus, ensuring total compliance with the MTCA is essential. A recent case illustrates the difficulties plaintiffs can run into when proper notice is not provided.

Poorly Designed Roads May Be a Contributing Cause in Many Maryland Motorcycle Accidents

August 28, 2019 | Lebowitz & Mzhen

After someone is injured in a Maryland motorcycle accident, the law allows for the accident victim to pursue a claim for compensation against any parties responsible for the accident. Statistics show that motorcyclists are more likely than other motorists to be involved in a single-vehicle crash. In addition, motorcyclists may be more susceptible to hazards presented by dangerously designed roads. A recent case illustrates the types of issues that can come up when a motorcyclist files a personal injury lawsuit against a city based on dangerously designed roads.

As the court described the facts, the plaintiff was traveling northbound in the left lane on a divided highway. As the plaintiff neared an intersection, he noticed there was a southbound SUV slowly approaching the intersection. The SUV began to make a left turn in front of the motorcycle, cutting the plaintiff off. Having no time to avoid the collision, the plaintiff’s bike slammed into the passenger’s side of the SUV. After the accident, the driver of the SUV claimed that his vision of approaching traffic was obscured by several trees and their wooden supports in the highway’s center median.

The plaintiff initiated a personal injury lawsuit against several parties, including the driver of the SUV and the city where the accident occurred. The plaintiff claimed that the city was negligent in designing the road and placing the trees in the center median where they could obstruct motorists’ view of oncoming traffic.

Recent Case Illustrates Why Some Maryland Motorcycle Accidents Require Expert Witness Testimony

August 22, 2019 | Lebowitz & Mzhen

Earlier this month, a federal appellate court released an opinion illustrating why some Maryland motorcycle accident cases may require the testimony from an expert witness. The case involved a motorcycle accident that was allegedly caused by a defective tire and made worse by the fact that the helmets worn by the plaintiffs were also defective. However, the court concluded that the plaintiffs’ case against the defendants was insufficient as a matter of law because the plaintiffs failed to present any expert witness testimony establishing causation.

According to the court’s written opinion, the plaintiffs were on a cross-country motorcycle trip. While riding through Nebraska, one of the motorcycle’s tires became punctured, causing the tire to deflate rapidly. As a result, the driver of the motorcycle lost control and crashed into the center median. Both plaintiffs were wearing helmets; however, they each sustained serious head injuries.

A few months after the accident, the plaintiffs received notice that the helmets they had worn during the crash were recalled. The plaintiff filed a product liability lawsuit against several parties who manufactured, marketed, distributed, and sold the helmets and motorcycle. The plaintiffs claimed that a defective tire caused the accident, and that their injuries were worsened because the helmets were defective.

What Does an “Owned but not Insured” Exclusion Mean in a Maryland Auto Insurance Policy

May 7, 2019 | Lebowitz & Mzhen

When someone purchases a Maryland auto insurance policy, the insured must provide the insurance company with the make and model of each vehicle that they want to be insured. Typically, people choose to purchase insurance on each of their vehicles; however, it is not uncommon for a vehicle owner to choose not to name a vehicle in a policy. This may be because the vehicle is used only seasonally or is used exclusively by someone who is away on military leave or at college.

When an insurance company writes a policy, the coverage will generally extend to all vehicles named under the policy. However, if a policyholder chooses not to name a vehicle in the policy, the insurance company will likely exclude that vehicle from coverage. This is commonly referred to as the “owned but not insured” exclusion. A recent case illustrates how this exclusion could impact an injury victim’s ability to recover for their injuries.

According to the court’s opinion, a teenager died after he was involved in a fatal accident while he was operating a 49cc moped. The teenager’s family filed a claim against the at-fault driver’s insurance policy, recovering the policy maximum of $100,000. The teenager’s family also filed an underinsured motorist (UIM) claim against their own insurance carrier, seeking benefits for the loss of their son’s life.

The Importance of Understanding Available Insurance Coverage Following a Maryland Motorcycle Accident

March 28, 2019 | Lebowitz & Mzhen

While every accident is different, generally speaking Maryland motorcycle accidents often result in very serious injuries. In most cases, a motorist who causes a motorcycle accident will not have the financial means necessary to pay for the damages sustained in the crash. This is why it is so auto insurance is so important.

Maryland law requires that all motorists maintain a certain amount of insurance on their vehicle to compensate anyone who may be injured as a result of the driver’s negligence. In Maryland, there are three types of mandatory car insurance:

Liability: this coverage compensates those who have been injured as a result of the insured’s negligence
Property Damage: this coverage compensates accident victims for the damage to their property caused by the insured’s negligence; and
Un/Underinsured Motorist (UIM) Protection: this coverage kicks in when another motorist’s liability insurance coverage is insufficient to fully compensate the insured for the injuries they sustained in an accident.