Motorcycle Injury Accidents

Consider the Facts Before Placing the Blame on a Motorcyclist for a Motorcycle Accident

April 5, 2016 | Lebowitz & Mzhen

Unlike accidents involving just cars or trucks, the fault in motorcycle accidents is often unfairly placed on the motorcyclist without any evidence that the motorcyclist caused the accident. Looking at news headlines reporting on motorcycle accidents makes this clear. The language used often focuses on how the motorcyclist could have avoided the tragic result had he been wearing a helmet or slowed down to avoid the collision. These articles are clearly written from the perspective of someone who drives a car.

However, the reality is that fault in these tragic accidents should not be hastily assigned in the moments after the accident. The fault in motorcycle accidents, like accidents involving other motorized vehicles, cannot be readily determined solely based on the type of vehicle one of the drivers was operating at the time of the accident. Instead, an in-depth investigation should take place, and fault should only be assigned after examining the surrounding circumstances and applying the relevant traffic laws. And while helmets should always be worn to protect against the worst-case scenario, the mere fact that a motorcyclist does not have a helmet on at the time of an accident does not mean that the accident was his fault in the first place. That is not how the law operates.

When a motorcyclist is involved in an accident that was not their fault, they may be entitled to monetary compensation for the injuries they sustained through a Maryland or Washington, D.C. personal injury case.

Roadside and Shoulder Accidents in Maryland

January 21, 2016 | Lebowitz & Mzhen

Accidents that occur when a moving vehicle strikes one or more vehicles that are pulled off to the side of the road have unfortunately become a familiar sight. As much as we’d like to think otherwise, sometimes cars or motorcycles break down and end up on the side of the road until help arrives. Other times, an officer pulls over a motorist for a violation of the motor vehicle code, and the officer and motorist are on the side of the highway for a short time while the officer writes the citation. In either case, those on the side of the road are extremely vulnerable because they are only feet from cars and trucks sometimes passing at speeds upwards of 60 miles per hour.

Maryland’s “Move Over” Law

To limit the dangers to those stuck on the side of the road, the Maryland Legislature passed a bill to protect roadside emergency workers, commonly dubbed the “Move Over Law.” The Move Over Law requires that drivers approaching an emergency vehicle with its lights or sirens on must move one lane over or slow down to a safer speed as they pass. Currently, the law applies to police, fire, and emergency medical vehicles, as well as other government vehicles.

There is also a related law that protects bicyclists and electric personal assistive mobility devices. This law requires that drivers give these operators a berth of at least three feet as they pass them.

Motorcyclist Settles Case against Motorist for $1.3 Million, Claim against Helmet Manufacturer Remains

December 18, 2015 | Lebowitz & Mzhen

Earlier this year, a state judge approved a settlement between a motorcyclist and the person he claimed was responsible for the accident that left him seriously and permanently injured. However, the motorcyclist’s claim against the manufacturer of the helmet that he alleges failed to protect him has not yet been resolved.

Potential Parties in a Motorcycle Accident Case

While it is commonly held knowledge that a person who negligently causes a serious motorcycle accident may be held financially liable by the injured victim of the accident, that is not necessarily where liability ends. Manufacturers of motorcycle helmets represent that their product can help save lives and reduce the impact to a motorcyclist’s head in the event of an accident. When a motorcycle helmet is flawed and does not do its job, the manufacturer may be held liable under a products liability theory.

The general principle underlying products liability claims is that a manufacturer should be held accountable for what they represent to the public. There are several different product liability claims available, depending on the specific circumstances of the case. They include defective design, manufacturing defect, and breach of warranty claims. Each claim is slightly different and requires a plaintiff prove different elements in order to be successful.

A Motorcyclist’s Liability to His Passenger

December 11, 2015 | Lebowitz & Mzhen

When someone gets on the back of a motorcycle, they trust the driver of that motorcycle to operate the vehicle in a safe and responsible manner. However, on occasion, the driver of the motorcycle is inexperienced or makes a poor judgment call that results in the motorcyclist and his passenger getting into either a single-vehicle accident or an accident with another vehicle.

In either of these cases, the motorcyclist’s passenger may sustain serious injuries due to no fault of their own. Under Maryland law, that passenger may be able to file a personal injury lawsuit against one or more parties. First, if another motorist is responsible for the accident, the passenger can seek compensation for their injuries from that other driver and their insurance company. However, if the other driver involved in the accident was not at fault, or if the accident was a single-vehicle accident, the injured passenger may consider bringing a lawsuit against the driver of the motorcycle.

Motorcyclists, along with all other motorists, owe a duty of care to their passengers as well as other drivers on the road. This duty requires that drivers operate their vehicles in a safe and responsible manner. Many times, passengers feel as though they cannot bring a suit against the driver of the motorcycle, either because they know the driver or the driver died in the accident. In these situations, an injured passenger should consult with an attorney to discuss their potential rights and how they can pursue compensation.

Wife Files Suit Against Husband after Motorcycle Accident

November 19, 2015 | Lebowitz & Mzhen

Earlier this month, a Maine court heard a case brought by a woman that arose out of a motorcycle accident in which her husband was found to be at fault. In the case, Wood v. Wood, the court had to decide whether interim payments made by Husband to Wife counted towards the final verdict amount. Ultimately, the court determined that it needed further clarification as to whether the payments were based on Husband’s liability to Wife, or whether the payments were made to Wife based on her own coverage under the very same policy.

The confusion in this case arose because both Husband and Wife were on the same insurance policy. After the accident, but before the trial had concluded, the insurance company had paid roughly $5,000 to Wife. After the trial, Wife received a verdict in the amount of $50,000. The insurance company then sought credit for the $5,000 it paid prior to the court’s ruling.

Wife’s position was that the $5,000 was not a medical liability payment but was a payment made to her as an insured party who was involved in an accident. The insurance company, through Husband, claimed that credit was deserved because Husband was ultimately determined to be at fault, and thus the payment was a liability payment that should be credited towards the total.

Court Determines Causation Issue Not Properly Decided in Summary Judgment Proceeding

August 5, 2015 | Lebowitz & Mzhen

Earlier last month, the Supreme Court of Oklahoma decided a case brought by the passenger of a motorcycle against another driver she claims was responsible for causing a head-on collision, resulting in her sustaining serious injuries. In the case, Fargo v. Hays-Kuehn, the issue the court had to decide was whether it was appropriate for the lower court to dismiss the case against the defendant prior to submitting the case to trial.

The Accident

Evidently, the accident involved several vehicles, all of which were heading in the same direction. Vehicle 1 was stopped on a two-lane highway, waiting to make a left turn. Vehicle 2, operated by Hays-Kuehn, quickly approached Vehicle 1 from the rear and swerved around the left of that vehicle. The testimony was that Hays-Kuehn was extremely close to Vehicle 1 as he passed it. Vehicle 3, which was traveling in the same direction directly behind Vehicle 2, was unable to see in front of Hays-Kuehn’s vehicle.

Once Hays-Kuehn passed Vehicle 1 and started to get back into the proper lane of travel, Vehicle 3 saw for the first time that there was a stopped vehicle immediately in front of them. Hoping to avoid a collision with Vehicle 1, Vehicle 3 swerved into the lane of oncoming traffic, right behind Hays-Kuehn. However, the driver of Vehicle 3 did not see that the plaintiffs were quickly approaching on a motorcycle.

Chain-Reaction Crash in Prince Frederick Injures Several, Including Motorcyclist

July 3, 2015 | Lebowitz & Mzhen

Earlier last month in Prince Frederick, a multi-vehicle accident injured several people, including one man on a Kawasaki motorcycle. According to one local news source, the accident took place on Route 231, near Skipjack Road.

Evidently, a Ford Focus was stopped on the single-lane road waiting to make a left-hand turn. As an SUV was approaching the Ford from the rear, the SUV entered onto the median to pass the Ford. The SUV passed successfully, but a van immediately behind the SUV didn’t see that the Ford was in the middle of the road until it was too late. The van collided with the Ford and pushed it into oncoming traffic, where it struck a Honda Civic.

The cars were spread across the road as a result of the collision, and oncoming vehicles were unable to stop in time. Eventually, another two vehicles were involved in the accident. Finally, the van that caused the initial collision was pushed into a passing motorcycle, ejecting the rider.

Two Seriously Injured in Motorcycle Accident Near Frederick

May 6, 2015 | Lebowitz & Mzhen

Earlier this month near Frederick, Maryland, two people were taken to a Baltimore-area hospital after they were struck while riding a motorcycle. According to one local Frederick news report, the accident occurred on US 15, just outside the Frederick city limits around three in the afternoon.

Evidently, the driver of a black SUV was traveling northbound on US 15 when it failed to see the motorcycle and collided with it, causing the accident. The two people on the motorcycle were immediately taken to R. Adams Cowley Shock Trauma Center in Baltimore via helicopter, according to emergency responders. Their condition upon admittance was not known, but it is believed that they will make a full recovery.

There is no indication that drugs or alcohol were involved in the serious motorcycle accident, and police have not yet told reporters if they plan on charging the driver of the SUV with any traffic offense. However, given the nature of the accident, it would seem likely that the driver will at least be ticketed for failure to yield.

Driver Sentenced in Fatal Hit-and-Run Case, Victim’s Family Unsatisfied

March 25, 2015 | Lebowitz & Mzhen

Back in August of last year, a 25-year-old man from the Cleveland area was killed when he was stuck while riding his motorcycle. According to one local news report, the man who struck the motorcyclist fled the scene after the accident and it was subsequently discovered that he was under the influence of alcohol. The driver who caused the fatal motorcycle accident was just sentenced last week to seven-and-one-half years’ imprisonment.

Evidently, as a part of the sentencing process, the victim’s family had an opportunity to speak out about their loss, how much the deceased meant to them, and how different their lives were now that he was gone. The judge allowed each family member to testify one by one before sentencing the driver.

The family has since told reporters that they are unsatisfied with the sentence, explaining that “it is not enough. Absolutely not. He should have gotten at least 13” years, which is the statutory maximum for the offense in Ohio.

Left-Turn Motorcycle Crash Leaves One Man in Critical Condition

February 5, 2015 | Lebowitz & Mzhen

Earlier this month near Las Vegas, Nevada, one man was left in critical condition after he was involved in a motorcycle accident with an SUV. According to one local news report, the motorcyclist was heading west when an eastbound SUV made a left turn in front of the motorcyclist.

As the SUV attempted to complete its turn, it cut off the motorcyclist, who did not have time to slow down or come to a stop. As a result, the motorcyclist crashed into the rear passenger side of the SUV, sending the rider off his bike. The car spun around before coming to a complete stop.

Another motorcyclist who witnessed the accident pulled over and offered to help. Emergency responders arrived and took the injured motorcyclist to the hospital, where he was admitted in critical condition. The driver of the SUV was not seriously injured in the accident. An investigation is still underway. However, at this point it seems that the cause of the accident was the SUV driver’s failure to yield the right-of-way to the motorcyclist.