Articles Posted in Motorcycle Injury Accidents

Although many residents are increasingly aware of the risks of driving under the influence of drugs or alcohol, Maryland drunk driving accidents still occur with startling frequency. When an individual drives under the influence, they are more likely to make reckless decisions and harmful errors while driving—swerving into the other lane, running red lights, etc. These acts can cause significant damage or even death when they lead to Maryland motorcycle accidents. While there is of course a risk of accidents with any vehicles, motorcyclists are especially at risk for serious, life-threatening injuries due to the relative unprotection they have around their bodies compared to drivers in cars or trucks.

For example, just recently a motorcycle accident sent two to the hospital. According to a local news report from the second week of February, an intoxicated driver was driving northbound on the road when she veered into the southbound lane and collided head-on with a motorcyclist. There were two occupants on the motorcycle—the passenger and the driver. Following this shocking accident, both were seriously injured, and both had to be transported to a nearby hospital; one via helicopter and the other by ambulance. Their conditions are currently unknown, and the incident is still under investigation.

This tragic accident highlights two things. First, it’s an apt and unfortunate illustration of the risk Maryland motorcyclists face when they or another driver decides to go on the road under the influence. While individuals may think they are only taking a small risk for themselves, the reality is that driving intoxicated puts everyone else on the road at risk and could cause life-threatening injuries or even death. Unfortunately, motorcyclists are especially likely to be harmed due to someone else’s reckless actions.

Maryland motorcycle accidents can happen in the blink of an eye. Even one small mistake while driving or another unfortunate occurrence can cause a major crash leading to severe bodily injuries. In addition to the bodily harm that one might face as a result, however, Maryland motorcycle accidents can cause financial strain, primarily through medical bills and lost wages. And in the aftermath of these accidents, it can be difficult to know what to do or how to move forward. But there are some key things Maryland motorcyclists who are injured in motorcycle accidents should do afterward, to protect their legal rights and get themselves on the path to recovery, both physically and financially.

Immediately after the crash, a motorcyclist should report the accident. Letting authorities know about the crash and speaking with a police officer about what happened can aid the official investigation of the crash and help an accident victim understand what exactly occurred and who else was involved.

Individuals should also immediately seek medical treatment. Sometimes, motorcyclists may not realize the extent of their injuries right away and may not immediately seek help. But this can be a mistake. Not only can prompt medical attention prevent injuries from getting worse, but not seeking it immediately may weaken an accident victim’s future civil case against the individual who caused the accident. It is also important to continually keep up with medical appointments and treatment and follow the doctor’s advice while recovering from the injuries.

One of the fundamental things all Maryland residents learn when learning to drive is how to safely change lanes. Changing lanes is a common part of driving, and when done safely, it does not cause any harm. However, failure to follow safety protocols whilst changing lanes, or even just not paying attention, can cause serious harm to others—especially motorcyclists on the road. In fact, negligence while changing lanes can cause serious or even deadly Maryland motorcycle accidents, since motorcyclists have far less protection around their bodies than drivers of other vehicles and are more easily knocked onto the road.

Take, for example, a recent fatal motorcycle accident that killed a Maryland motorcyclist. The crash occurred on I-95, according to a local news report, around 4:30 one afternoon. A 29-year-old woman from New Jersey was driving along the interstate when she decided to merge left. However, she merged into the path of a motorcyclist, a 30-year-old woman from Odenton, Maryland. The cyclist was thrown from her motorcycle, causing severe injuries. She was taken to a nearby hospital, where she was pronounced dead.

The crash is still under investigation, but it provides a tragic illustration of how dangerous negligent lane changing can be. While the car could have changed lanes into the path of other vehicles—cars and trucks—the odds are that the resulting crash would have been less deadly, since drivers in cars and trucks are better protected by their vehicles. In addition, it is easier for drivers to spot cars and trucks in the other lanes, but harder to spot smaller motorcycles.

In a typical Maryland motorcycle accident lawsuit, the plaintiff must establish the core elements of negligence: duty, breach, causation, and damages. However, when there is a statute that governs the defendant’s conduct in a specific situation, the plaintiff may be able to take a “shortcut.” In other words, the existence of a statute can be evidence of a legal duty, and the defendant’s violation of the law can be evidence that the defendant breached that duty.

To establish a Maryland negligence per se claim, the plaintiff first needs to prove that the statute covers the defendant’s conduct. Typically, to do this, the plaintiff must show that the law was passed to prevent the defendant’s behavior that led to the accident and that it was passed to protect from the type of harm the plaintiff suffered. Once the court acknowledges that negligence per se applies, the plaintiff need only show 1.) that the defendant violated the statute; and 2.) that the defendant’s violation of the law was the proximate cause of the plaintiff’s injuries. There is no requirement that the plaintiff proves the defendant’s knowledge of the statute.

For example, if the defendant causes serious injury to the plaintiff while the defendant was driving while intoxicated, the plaintiff may be able to benefit from negligence per se. In this situation, the drunk-driving statute was clearly passed to prevent drunk driving because drunk driving poses a serious risk to other motorists, pedestrians, and bicyclists. From here, the plaintiff would only need to show that the defendant violated the statute and that the defendant’s decision to drive while under the influence was what led to the plaintiff’s injuries.

Riding as a passenger on a motorcycle can be dangerous, especially if the passenger does not know the operator or their driving habits. While most motorcyclists are responsible drivers, that simply is not always the case. In fact, it is estimated that approximately 40 percent of all Maryland motorcycle accidents are the fault of the motorcyclist. In Maryland, common causes of motorcycle accidents include speeding or aggressive driving, distracted driving, and intoxicated driving.

When someone is injured as a passenger in a Maryland motorcycle accident, they may have a claim against several parties, depending on the circumstances surrounding the accident. In accidents involving more than one vehicle, a passenger can pursue a personal injury claim against the drivers of any of the other vehicles involved in the accident.

In addition, a motorcycle passenger can bring a claim against the operator of the motorcycle. While this may seem unusual because it is likely that a motorcycle passenger and rider know each other, accident claims against friends and family members are not uncommon. Accident victims should not be discouraged from pursuing a claim for compensation, regardless of the at-fault party, because the operator’s insurance company will likely be responsible for any damages.