Contributory Negligence in Maryland Motorcycle Accidents

When someone is injured or killed in a Maryland motorcycle accident, either the injury victim or their loved ones can bring a personal injury or wrongful death claim against the responsible party or parties. To establish liability, a plaintiff must prove that the defendant violated a duty of care that they owed to the accident victim, and that the defendant’s breach of that duty was the cause of the accident victim’s injury or death. This is the legal definition of negligence.

Even in situations where a defendant is negligent, the plaintiff may still run into problems pursing a claim for compensation. For example, under the Maryland doctrine of contributory negligence, an accident victim who shares responsibility in causing an accident cannot recover for their injuries. This is the case even if the accident victim is found to be just five or ten percent at fault. Maryland insurance companies routinely rely on principles of contributory negligence when looking for reasons to deny an insured’s claim. For this reason, it is crucial that accident victims or their family members work with an experienced Maryland motorcycle accident attorney who is familiar with the doctrine of contributory negligence and how to minimize any possible role an accident victim played in bringing about the accident resulting in their injuries or death.

Man Killed in Maryland Motorcycle Accident on Crain Highway

Earlier this month, one man was killed in a Maryland motorcycle accident when a minivan changed lanes, colliding with the motorcyclist. According to a local news report, both the motorcyclist and the minivan were heading southbound on Crain Highway just north of Capitol Raceway Road. As the minivan began to move over into the left-turn lane, it did not see that the motorcyclist was already occupying the lane.

The motorcyclist died as a result of the injuries he sustained in the accident. Both the driver and passenger of the minivan were not injured. According to the report, police immediately responded to the scene of the accident, and initially determined that the primary cause of the accident was the minivan’s failure to remain in its lane. The police are also considering whether the speed of the motorcycle was a contributing factor. Police also conducted a toxicology report to determine if drugs or alcohol played a role, however, they told reporters that there was no indication that was the case.

Have You Been Injured in a Maryland Motorcycle Accident?

If you or a loved one has recently been injured in a Maryland motorcycle accident, contact the dedicated injury advocates at Lebowitz & Mzhen, Personal Injury Lawyers. At Lebowitz & Mzhen, we represent injury victims and their families in all types of Maryland personal injury cases, including those arising from car accidents, bicycle crashes, and collisions involving pedestrians. To learn more about how we can help you pursue a claim for compensation based on the injuries you have sustained, call 877-654-1949 today. Calling is free, and we will not bill you for our services unless we can help you obtain compensation for your injuries.

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