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.
Hawaii Man Dies in Early-Morning Motorcycle Accident
Earlier this month, one man was killed in a motorcycle accident involving a Yamaha motorcycle and a Lexus SUV. According to one local news report, the accident occurred when the Lexus SUV made a left turn in front of the motorcycle. The motorcyclist, unable to avoid the collision, crashed into the side of the SUV and was thrown from his bike. He was wearing a helmet at the time of the accident, but he was pronounced dead at the scene.
The news report indicated that, while the Lexus was in the process of making a left-hand turn, “speed was a factor” in the accident. This seems to imply that the motorcyclist was speeding at the time of the accident. If that was the case, the motorcyclist would have lost his right-of-way, and the accident may not be the fault of the Lexus’ operator. However, if the motorcyclist was not speeding, he would retain the right of way and would not be at fault. The investigation into the accident is still underway, and police have yet to come to a final determination of who was at fault.
Have You Been Involved in a Maryland Motorcycle Accident?
If you or a loved one has recently been involved in a Maryland motorcycle accident, and you believe that it was due at least in part to the other driver’s negligence, you may be entitled to monetary compensation. Call one of the skilled personal injury advocates at the Maryland-based law firm of Lebowitz & Mzhen Personal Injury Lawyers at 410-654-3600 to set up a free consultation. With their experience and reputation in the personal injury community, you can rest assured your case is in good hands.
More Blog Posts:
Accidents Caused by a Driver’s Inability to Gauge the Speed of Motorcycles, Maryland Motorcycle Accident Lawyer Blog, published March 4, 2016.
Garbage Truck Hits Bicyclist and Leaves the Scene, Driver Claims He Was Unaware of the Collision, Maryland Motorcycle Accident Lawyer Blog, published March 25, 2016.