Articles Posted in Wrongful Death Cases

Maryland motorcyclists generally understand the importance of being safe and careful on the road to avoid getting into an accident. Because motorcyclists have less protection than those driving other vehicles, getting in an Maryland motorcycle accident can be incredibly dangerous, leading to serious injuries or even death.

Accidents can be caused by many different things, but one common cause is drivers in cars or trucks driving under the influence of alcohol or drugs and then crashing into a motorcyclist. While intoxicated, drivers may not see the motorcyclist, or may mid-judge how far away they are and how fast they are going, causing sometimes fatal accidents.

For example, take an accident from earlier this month. According to a local news report, the accident occurred around 8:30 one night, with a motorcyclist going west and a Chevy Camero going east on the same road. The Chevy Camero, driven by a 51-year-old woman apparently intoxicated from drinking alcohol before driving, made a left turn into the motorcyclist’s path, causing a crash. Tragically, the motorcyclist was pronounced dead at the scene by the responding officials. The driver was brought to the hospital to receive medical care for her injuries. The next day, she was arrested on numerous charges, including vehicular homicide, driving under the influence, and careless driving resulting in death.

Maryland motorcycle accidents are incredibly dangerous. Unlike cars, which provide a significant barrier between other vehicles and the bodies of the drivers and passengers and have safety features such as automatic braking and airbags, motorcycles provide very little protection to riders. Motorcycle accidents also tend to occur at higher speeds, and almost always result in the motorcyclist being thrown off the bike. These are a few of the reasons that motorcycle accidents so often result in serious injuries and fatalities.

Recently, a tragic motorcycle accident resulted in the death of a 31-year-old woman. Not much is known about why the accident occurred, but according to a local news report the motorcycle was being driven by a 35-year-old man when it crashed around 2 a.m. The passenger on the motorcycle was killed as a result, and the driver also suffered injuries. The driver walked away from the scene of the accident, however, leaving his deceased passenger and wrecked motorcycle behind. State troopers and county sheriff’s deputies searched all night for the driver, finally locating him around 8:30 a.m. in a convenience store. The crash is currently under investigation, and it is not clear whether or not charges will be filed against the driver.

This accident is a tragic illustration of how fatal motorcycle accidents can be. Every year, many Maryland residents lose loved ones in accidents like this, causing pain and heartbreak. While nothing can undo the damage that is done in these crashes, or bring the deceased back to life, Maryland state law has developed a doctrine to allow grieving family members to hold whoever caused their loved one’s death responsible in court. By filing a wrongful death lawsuit, the family can recover financially to cover things such as funeral and burial expenses, lost wages, pain and suffering, and medical bills.

Another fatal motorcycle accident claimed a 41-year-old man’s life last week, yet another sobering reminder of the irreparable harm that Maryland motorcycle accidents can cause. According to a local news report, the motorcycle accident occurred a little after 5 PM on a Wednesday evening. Evidently, the motorcyclist was traveling south when a 2007 Jeep Patriot, traveling north on the same road, crossed the center line, striking the guardrail and causing a collision with the motorcycle. The incident caused both the driver and the passenger of the motorcycle to be sent to the hospital with severe injuries. The motorcycle driver, unfortunately, passed away in the hospital. Authorities say that the incident remains under investigation, and it is not clear why the Jeep crossed the center line and caused the collision. However, the driver of the Jeep was arrested at the scene for violation of a probation warrant and is currently in jail.

This case may result in criminal charges for the driver of the Jeep, who not only violated his probation warrant but also caused a deadly accident by crossing over the center line. However, this case may also lead to a civil suit. Depending on how or why the Jeep crossed over, the injured passenger and the family of the deceased driver may be entitled to financial compensation for the resulting harm. This doctrine was developed in Maryland and other states to protect accident victims who are injured as a result of someone else’s negligence. By proving that the driver violated the duty of care he owed to be a responsible driver, and, that this action caused the accident and resulting injuries, the victims may be able to recover financially from him for the costs associated with their hospitalizations and subsequent recovery.

While the money the family may receive from a civil negligence suit cannot undo the harm caused, or the pain caused by the loss of life, it can, however, provide for the victim and their families in the aftermath. Those affected by the accident are now having to deal with medical bills and will likely have future medical needs and expenses as a result as well. The deceased victim’s family also likely has funeral and burial expenses, and then there’s the economic toll that the motorcyclist’s’ lost wages can have. A wrongful death lawsuit can help to provide for a grieving and recovering family and hold the negligent driver responsible for his actions. But filing these suits can be complicated, or overwhelming, particularly right after an accident. This is why Maryland residents are encouraged to find a local personal injury attorney to help them through the process.

Driving while under the influence of drugs or alcohol is always dangerous, for both the drunk driver as well as for others on the road. And, unfortunately, it can be especially dangerous for Maryland motorcyclists. Sharing the road with an intoxicated driver is never safe, but for Maryland motorcyclists, crashes can be more serious or even fatal than those in cars. Additionally, they may be more likely to be hit by intoxicated drivers in a Maryland motorcycle accident than cars or trucks, because motorcyclists take up less space and are less visible, particularly to drivers operating their vehicle under the influence at night.

There’s a reason that operating a vehicle under the influence is against the law. When driving drunk or otherwise intoxicated, a driver is less likely to be aware of their surroundings or to know what is going on. Additionally, intoxicated drivers have slower reflexes to respond to other drivers—or motorcyclists—and are also more likely to drive recklessly by not following traffic rules or speed limits. All of these things can result in incredibly serious accidents, including one that happened in Maryland last month.

According to a local news article covering the incident, a 37-year-old man from Temple Hills was driving, presumably under the influence of alcohol and marijuana, when he crossed over the yellow line on Route 54 in Nesquehoning. He hit a motorcycle driven by a 30-year-old Landford man, tragically throwing the cyclist from the motorcycle and killing him. When police arrived on the scene, they reported a strong smell of marijuana and paraphernalia in the intoxicated driver’s car.

According to a local news report, a woman was tragically killed in a motorcycle accident as she approached an intersection where a vehicle was stopped in a turn lane. The vehicle then moved into the path of the motorcycle, which resulted in the cyclist hitting the car. When officers arrived, they found the woman on the ground in the intersection. The victim was in life-threatening condition and later passed away at the hospital. Although this incident occurred in another state, similar accidents involving motorcycles claim lives every day in Maryland. In the wake of these tragedies, Maryland law allows families to file wrongful death lawsuits against responsible parties in the accident.

These cases allow for loved ones to seek relief for their harm, and Maryland law grants independent authority for spouses, parents, and children of the deceased to bring action against those accountable for the accident. Additionally, state law dictates that if the deceased did not have a surviving spouse, child, or parent, individuals related to the deceased through blood or marriage and those who were substantially dependent on the victim may also have grounds to sue.

Wrongful death lawsuits can provide the means for families to recover significant monetary damages. In Maryland, a variety of types of damages are recoverable. Following the loss of a loved one, finances can really add up – medical expenses, funeral and burial costs, and property damage can be overwhelming and burdensome for families who are still recovering emotionally. However, wrongful death claims could assist in alleviating the burden for you and loved ones, and potential damages for pain and suffering could pave way for continued healing and recovery of those mourning the deceased.

Motorcycle accidents are among the most likely to result in serious injury or death due to the lack of protection riders have while on a bike. While wearing a helmet can help to reduce the risk of injury, some accidents are so severe that even wearing a helmet won’t change the outcome. In fact, each year, approximately 69 people die as a result of Maryland motorcycle accidents.

Whenever someone gets onto a motorcycle, they are placing their lives in the hands of other motorists. While some motorcycle accidents can be avoided, many cannot, even when exercising the utmost care. Those who have lost a loved one in a Maryland motorcycle accident may be eligible for compensation for their loss through a Maryland wrongful death lawsuit.

A Maryland wrongful death lawsuit is a type of personal injury case that is intended to compensate the family members of an accident victim. In most cases, a wrongful death claim must be filed by a “primary beneficiary,” which are defined as spouses, children, and parents. If there are no primary beneficiaries available to file the claim, a secondary beneficiary can pursue a wrongful death case. Secondary beneficiaries are defined as “any person related to the deceased person by blood or marriage who was substantially dependent upon the deceased.”

A tragic multi-vehicle accident occurred in Chesapeake, Virginia last week, resulting in the unfortunate death of a motorcyclist. According to a local news report covering the accident, the responsible driver was in a red pickup truck when they ran a red light around 12:30 pm one afternoon, causing them to hit the motorcyclist and five other vehicles. The motorcyclist, a 56-year-old man, was sadly pronounced dead at the scene, and three other victims were sent to the hospital to be treated for their injuries.

While such accidents and fatalities are always tragic, they, unfortunately, happen far too often, and motorcyclists are particularly vulnerable to their effects. Because motorcyclists do not have the protection that a car provides between them and other vehicles or the road, they are more likely to be severely injured by negligent or reckless drivers when they run red lights or engage in other dangerous behaviors.

In such incidents, it is always possible that local law enforcement will investigate and file criminal charges. In the tragic incident described above, law enforcement charged the at-fault driver with involuntary manslaughter and possession of cocaine. These charges, while they may help the public feel safer on the roads, do very little to compensate the victims and their families who may be suffering psychologically and financially.

In the tragic event of the death of a family member, a wrongful death claim may allow family members to recover compensation for the loss they suffered. Under Maryland’s Wrongful Death Act, a claim can be filed by certain family members against the parties at fault for the family member’s death. The Wrongful Death Act is intended to compensate family members of the decedent based on the losses suffered by the family members.

It is common for defendants in Maryland wrongful death claims to raise the fault of the victim as a defense. Maryland follows the doctrine of contributory negligence, which means that if a plaintiff is found to have been even the slightest bit negligent, the plaintiff is completely barred from recovery. Similarly, a person’s contributory negligence bars recovery of a subsequent wrongful death claim.

Another common issue is proving the elements of negligence in the absence of the victim’s testimony. Without the victim’s statement concerning what happened, families often have to rely on circumstantial evidence to prove the case. This often requires the assistance of experts and investigators. A plaintiff has the burden to prove all the elements of the claim by a preponderance of the evidence, including whether the defendant’s conduct caused the plaintiff’s injuries. Mere speculation cannot sustain a negligence claim. A plaintiff must prove that the defendant’s conduct failed to meet the standard of care, that the defendant’s failure to meet the standard of care caused the plaintiff’s injuries, that the injuries were a foreseeable result of the defendant’s conduct, and that the plaintiff suffered injuries.