Earlier this month, a state appellate court issued a written opinion in a personal injury case that raises an important issue for Maryland motorcycle accident victims who believe that their injuries were due to a poorly designed road or intersection. The case required the court to determine if the plaintiff established that the government’s negligent planning and design of the road were the proximate cause of her injuries.
The plaintiff was a passenger on a northbound motorcycle being driven by her husband. The couple approached an intersection in which they did not have a stop sign. At the same time, a pick-up truck was traveling in a perpendicular direction and had stopped at a stop sign. The driver of the pick-up truck looked both ways before entering the intersection; however, as he pulled into the intersection, the plaintiff and her husband collided with the side of the truck.
The plaintiff was seriously injured, and her husband died as a result of the injuries he sustained in the accident. The plaintiff filed a personal injury lawsuit against the government in charge of designing and maintaining the road, claiming that the road was negligently designed. Specifically, the plaintiff claimed that the government was negligent in failing to install a four-way stop at the intersection, allowing too high a speed limit, and failing to provide adequate signage in advance of the intersection.
The plaintiff presented evidence that there had been 14 similar collisions over the past decade, and, despite requests, the government had failed to take any remedial action. In addition, an expert witnesses testified that, had remedial action been taken, it was likely the accident could have been prevented.
The government argued that the plaintiff failed to prove that its negligence – if any – was the cause of the accident. The government also claimed that the truck driver was also at fault. The trial court disagreed and found in favor of the plaintiff. The government appealed.
On appeal, the lower court’s decision was affirmed in favor of the plaintiff. The court explained that the plaintiff presented sufficient evidence to establish that the government’s negligence was the legal cause of the accident. Additionally, the court noted that the truck driver’s actions were not negligent as a matter of law, and thus the court was not required to apportion some of the liability to the truck driver.
Have You Been Injured in a Maryland Motorcycle Accident?
If you or a loved one has recently been injured in a motorcycle accident, you may be entitled to monetary compensation. The dedicated Maryland injury attorneys at the law firm of Lebowitz & Mzhen Personal Injury Lawyers have decades of collective experience handling a wide range of Maryland motorcycle accident cases, including those brought against government defendants. It is important to keep in mind that cases involving government defendants have additional procedural requirements that must be followed in order to preserve your rights. To learn more, call 410-654-3600 to schedule your free consultation today.
More Blog Posts:
Bicycle Accident Victim’s Case Dismissed Under Recreational Use Statute, Maryland Motorcycle Accident Lawyer Blog, published May 18, 2018.
Court Finds in Favor of Government in Recent Motorcycle Accident Case Allegedly Caused by Poorly Maintained Road, Maryland Motorcycle Accident Lawyer Blog, published June 6, 2018.