Motorcycle Injury Accidents

Establishing Government Liability in Maryland Motorcycle Accidents

July 13, 2017 | Lebowitz & Mzhen

In the Washington, D.C. area, it is not uncommon to see government workers conducting official business while out on the road. Inevitably, government workers – like other drivers – will get involved in motor vehicle accidents. In these situations, the question often arises of when an accident victim can hold the government responsible for the actions of an employee.

As a general rule, state and federal governments cannot be sued without their consent. However, almost all states – as well as the federal government – have passed a series of laws that explain when a government will agree to be sued. Under the Federal Tort Claims Act, the federal government waives its immunity in cases involving personal injuries caused by employees under certain circumstances.

In order for immunity to be waived, an accident victim must show that the government employee was engaging in a ministerial task that was within the course of their employment when the injury occurred. This can be broken down into two elements:

Motorcycle Hit-and-Run Accidents on Maryland Roads

May 25, 2017 | Lebowitz & Mzhen

While all motorcycle accidents have the potential to result in serious injuries or death, hit-and-run accidents are especially dangerous. Primarily, this is because depending on the surrounding circumstances, the injured motorcyclist may be left on the side of the road with no way to contact authorities.

As a general rule, a motorist who is involved in an accident of any kind must stop after the accident and exchange information with the other motorists involved in the accident. Additionally, motorists may have a duty to ensure that anyone who was injured in the accident receives timely medical attention. Most often, this includes calling 911 to make sure that the authorities are aware of the accident and can send the appropriate medical personnel.

When a motorist is involved in an accident and fails to stop and render assistance to the other parties involved, that driver may be held liable for any injuries resulting from the accident. This may even be the case if the motorist was not the one who was solely responsible for causing the accident.

Court Finds Drunk Driver Was Not Liable for Subsequent Accident Occurring 90 Minutes Later

May 18, 2017 | Lebowitz & Mzhen

Earlier this month, an appellate court in South Dakota issued a written opinion in a motorcycle accident case that was brought by a man who was injured when he was unable to stop in time to avoid a line of traffic that had built up as a result of a previous accident. The case was brought against the drunk driver who had caused the original accident. However, due to numerous factors, the court held that the drunk driver’s negligent actions were not the proximate cause of the plaintiff’s injuries.

The Facts of the Case

At around 3:00 p.m. on August 5, 2012, an intoxicated motorcyclist failed to negotiate a curve in the highway and ended up driving off the road into a ditch. There was no indication that the motorcycle or any debris was remaining in the road following the accident. The Highway Patrol responded, and the motorcyclist was pronounced dead at the scene.

The Highway Patrol began an accident reconstruction project at around 4:00 p.m., and at this time, traffic was flowing in both directions. A highway patrol officer was stationed to the east of the accident to warn approaching motorists.

Recent Opinion Illustrates the Difficulties Motorcycle Accident Victims May Encounter When Dealing with Insurance Companies

April 6, 2017 | Lebowitz & Mzhen

Earlier this month, an appellate court in Mississippi issued a written opinion that should serve as a warning to anyone injured in a motorcycle accident and planning on filing a claim with either the other driver’s insurance company or even their own insurance company. The case presented the court with the opportunity to discuss how an insurance policy’s per-person limit can limit or prevent derivative claims from being filed by the loved ones of the injured party.

The Facts of the Case

The case was filed by two plaintiffs, who were married. The husband was involved in a motorcycle accident that was caused by another party. His wife was not with him at the time of the accident. After the accident, three insurance provisions were triggered:

The at-fault driver’s policy;
The plaintiffs’ insurance policy that covered the motorcycle; and
The plaintiffs’ insurance company that covered two other vehicles.

Both of the plaintiffs’ policies had an underinsured motorist provision, whereby the policy would compensate the policyholder in the event that an at-fault driver’s insurance coverage was insufficient to cover the policyholder’s injuries.

The Importance of Collecting Evidence after Hit-and-Run Motorcycle Accidents

March 23, 2017 | Lebowitz & Mzhen

All motorcycle accidents are terrible, but hit-and-run accidents are some of the worst, not just because the hit-and-run driver has shown a total disregard for the safety and wellbeing of a fellow motorist, but because the injured party might have to wait for minutes – or even hours – for help to arrive if they are unable to make the call themselves.

While anyone injured in a hit-and-run accident may be entitled to compensation from the responsible party to help them cover the costs of their injuries, finding the at-fault individual is necessarily the first step in the process. In many cases, responding police personnel will look for eyewitnesses, nearby video footage, or even physical evidence left at the scene, such as damaged car parts. This evidence can be crucial in helping police locate the alleged hit-and-run driver.

Once a hit-and-run driver is located, establishing liability may be easier than in a traditional car accident, depending on the specific circumstances of the accident and injuries. For example, if an accident victim’s injuries were worsened due to the lack of timely medical care, this can likely be attributable to the hit-and-run driver. It is also important to keep in mind that it is illegal to leave the scene of any accident, regardless of who was at fault.

Motorcycle Helmet Cams May Be Valuable Evidence at Trial

February 6, 2017 | Lebowitz & Mzhen

Determining who was at fault in a motorcycle accident is not always as straightforward as it seems. Many times, the motorists involved in a motorcycle accident offer a self-serving version of what happened. In some cases, a police investigation can uncover evidence leading authorities to come up with a best guess as to what caused the accident and who was at fault. However, in many cases, this evidence is absent, and it’s one driver’s word against another’s.

In recent years, some motorcyclists have begun to install cameras on their helmets to record their journey. While the impetus for installing a helmet cam may not necessarily be to document any potential accidents, the footage from a helmet cam may be admissible in a motorcycle accident lawsuit.

Motorcyclist’s Helmet Cam Catches Road-Rage Incident on Film

Earlier this month, a motorcyclist was involved in a serious accident on a Washington highway when the driver in front of him slammed on his brakes. According to a news report covering the recent accident, the motorcyclist was entering the highway when another motorist passed very close to the motorcyclist’s left side at a high rate of speed. Upset by the near collision, the motorcyclist made a hand gesture toward the motorist, and the motorist then slammed on his brakes.

Difficulties Dealing with an Insurance Company After a Motorcycle Accident

August 11, 2016 | Lebowitz & Mzhen

Being involved in a serious motorcycle accident can take its toll on the body and mind. First is the physical recovery, often involving months of therapy. After the body has mended itself, it often takes time for the mind to heal, since being involved in a motorcycle accident is a traumatic experience that is not easily forgotten or overcome. However, once a motorcycle accident victim does heal both body and mind, there is often the issue of how they are going to pay for the medical expenses and make up for the time away from work.

Insurance companies should be the solution. Since all drivers are required by law to maintain a base limit of coverage, an insurance company should be there to help the accident victim recover, providing monetary compensation to help the injured party overcome the financial hurdles that come along with being involved in a serious accident. However, insurance companies are motivated by their own bottom lines, and all too often they try to avoid paying out on even the most worthy claims. A recent case in front of the Tenth Circuit Court of Appeals illustrates the difficulties that an accident victim may face when dealing with an insurance company.

Man Critically Injured in Motorcycle Accident; Reconstruction Team Trying to Discover Cause

June 20, 2016 | Lebowitz & Mzhen

In most accidents, there are two sides to the story. Often, each party’s version of what happened is partly based on reality and partly based on their own biases. However, in some accidents, due to the nature of the injuries involved, there may only be one side to the story. That is often the case in motorcycle accidents in which the motorcyclist sustains a serious injury to his or her head.

Police are supposed to do more than ask each person involved their side of the story. Indeed, police and accident investigation teams should conduct a thorough investigation of the scene, plugging in what each party claims to have happened to determine which scenario is closest to the truth. In some cases, however, there is no reliable evidence on which the police can base their investigation, and an accident reconstruction team is called in to reconstruct the accident in hopes of determining how the accident was caused. This determination is important for police to determine if either of the drivers should be issued a citation, and it may also be the basis for a personal injury lawsuit in the future.

Reconstruction Team Deployed to Figure Out Recent Motorcycle Accident

Earlier this month, an accident involving a motorcycle and a pickup truck left one man in critical condition. According to a news report covering the incident, the collision took place during the morning commute in Rochester, Minnesota.

Motorcycle Accident Victim’s Case against City Alleging Negligent Failure to Remedy Dangerous Road Conditions Permitted to Proceed

June 6, 2016 | Lebowitz & Mzhen

Earlier this month, the Oregon Supreme Court issued an opinion in favor of a motorcycle accident plaintiff who was injured when another driver struck him at what he claimed to be a known dangerous intersection. In the case, Turner v. Department of Transportation, the court allowed the plaintiff’s claims against the city and county governments, alleging that the entities were negligent in failing to remedy an intersection known to be dangerous.

The Facts of the Case

Back in 2008, one of the defendants was making a left turn from a street onto a larger highway when she struck the plaintiff, who was riding a motorcycle. The plaintiff had the right-of-way. The plaintiff suffered a serious injury as a result of the accident and filed a personal injury lawsuit against both the driver of the car that hit him as well as several government entities in charge of maintaining the road.

Relevant to this case, the plaintiff claimed that the government entities should have done something to fix what was known to be a dangerous intersection. Evidently, drivers making a left from the street onto the highway had a greatly reduced line of sight, and previous accidents had been caused in the same manner as the one in this case.

Court Determines Chain-Reaction Motorcycle Accident Constitutes a Single Accident under Insurance Policy

May 5, 2016 | Lebowitz & Mzhen

Insurance companies are in the business of providing insurance, meaning that they are expected to turn a profit. As a result, insurance companies are constantly looking for ways to minimize the amount they must pay out regarding claims made against the people the company insures. In a recent case, an insurance company was successful in convincing a court that a chain-reaction accident was a single “accident” under the policy, and thus any recovery by the multiple plaintiffs involved was significantly limited.

Hughes v. Farmers Auto Insurance Association: The Facts

Back in April 2011, three vehicles were involved in a serious chain-reaction car accident that claimed the life of one and injured several others. According to the court’s written opinion, the driver of an SUV was traveling the wrong way on the highway when he struck an oncoming semi-truck. The truck’s driver had attempted to avoid the collision, but he was unable to do so, and the SUV struck the rear driver’s side portion of the truck.

Moments later, a motorcyclist approached the scene of the accident. The motorcyclist saw the truck pulled off to the side of the road with its hazard lights on, but he was unable to avoid a collision with the SUV, which now lay sideways blocking several lanes of traffic. The motorcyclist collided with the SUV. As a result of his injuries, the motorcyclist had to have one of his legs amputated below the knee. The driver of the semi-truck also suffered lingering pain in his shoulder. Sadly, the driver of the SUV died in the accident.