Maryland Motorcycle Accident Lawyer Blog

Collisions with animals are common in Maryland and can be dangerous for everyone on the road. Motorcyclists and their passengers are especially at risk of injury or death in the event of a collision with a large or small animal that causes the bike to go out of control. A recent motorcycle-animal collision involving a deer led to the tragic deaths of a rider and his passenger.

According to a local news article discussing the accident, the motorcycle rider was traveling on a roadway in a sparsely populated area at night when a deer ran out into the road in front of the motorcycle. The rider was unable to avoid colliding with the deer and he and a passenger were thrown off the bike after the motorcycle struck the animal and cut it in half. When authorities arrived on the scene, both the rider and his passenger were pronounced dead. The article does not state whether the two deceased people were wearing helmets at the time of the crash.

In the event of a Maryland motorcycle accident, a collision with an animal is not covered by insurance in the same way as collisions involving other vehicles. The property damage to a bike from an animal collision would not be covered by standard collision coverage, and a motorcycle owner would need to obtain comprehensive coverage, which covers damage to a vehicle caused by something other than a collision with another vehicle (this could also include damage caused by vandalism, theft, or a flood, for example). Injuries or deaths that occur as a result of a motorcycle colliding with an animal will be covered under a liability policy for bodily injury, in a similar manner to other types of collisions.

Under Maryland case law, courts will impose a presumption of negligence on a rear driver in cases where that driver strikes a vehicle that is stopped in front of them. The presumption allows the fact-finder (either the judge or the jury) to infer that the driver of the rear vehicle was negligent. Maryland rear-end collisions and “fender bender” accidents are the most frequently occurring type of collision in the state. Despite the rate of occurrence, these accidents can result in serious physical and property damage.

Accident reconstructionists explain that rear-ending a stopped vehicle can be the equivalent of hitting a concrete wall at half the speed the moving car was traveling. In an effort to reduce the severity of these accidents, Maryland traffic law § 21-310(a)(2005 mandates that motorists should not follow another vehicle more closely than is “reasonable and prudent.” Further, the statute explains that motorists should have regard for the speed of the vehicles around them and the highway’s condition.

Although the law permits the presumption of negligence in a rear-end accident, there are some cases where the accident was not the rear driver’s fault. For example, a recent news report described a motorcycle collision where it is unclear who was at fault. The preliminary investigation revealed that a motorcycle driver was traveling north when he hit the back of a sedan. The motorcyclist died at the accident scene, and the sedan driver and passenger did not suffer any injuries. Police state that an investigation of the accident is continuing.

Online shopping is one of the most lucrative streams of commerce in the United States. The steady increase in online shopping options combined with competition for quick delivery turnarounds has made the presence of delivery trucks ubiquitous throughout the United States. However, the demand has led to an increase in truck congestion and Maryland delivery truck accidents. After the United States Postal Service, FedEx is the next largest delivery company in America. In most cases, these large delivery companies take steps to ensure the safety of their fleet and the training of their drivers. However, consumer demand in conjunction with company expectations makes accidents an inevitable consequence of modern-day shopping.

For example, recent news reports described a catastrophic accident between a FedEx delivery truck and a motorcyclist. According to witness and police accounts, the motorcyclist was traveling east when a westbound delivery truck turned left into the biker’s bath. The motorcycle slammed into the front of the truck, ejecting the biker from his motorcycle. The delivery truck driver did not suffer physical injuries, but the motorcyclist remains in the hospital in critical condition.

The aftermath of these accidents largely depends on the type of delivery truck involved in the accident. FedEx maintains a variety of vehicles in its fleet, including small trucks, truck tractors-, trailers, and vans. In addition to small parcels and letters, these vans often transport household items, building supplies, machinery, agricultural supplies, and food items. When these trucks are involved in an accident, their cargo may become dislodged, posing a potentially serious health and safety risk to those in its vicinity.

Motorcycle crashes often result in severe injuries, and the aftermath can be overwhelming for Maryland motorcycle accident victims. However, there are time limits for filing lawsuits in Maryland, and a victim has to have time to gather evidence and prepare a claim. One consideration after a crash is whether an expert is required in the case.

An expert is not required in every case but may be necessary in some cases and very useful in others. Maryland courts have explained that expert testimony can be admitted if the court determines that the testimony will help the trier of fact (such as a jury) understand the evidence or decide a fact at issue in the case. A court will require expert testimony in cases where an issue is outside the common knowledge of a layperson. The expert also must be qualified to testify as an expert. Under Maryland court rules, a witness can testify if the witness’s knowledge, experience, education, skill, or training qualify the witness as an expert, the expert testimony is appropriate, and there is a sufficient factual basis for the testimony.

Left turns are generally made without any issue, but they are actually quite dangerous for Maryland motorcyclists. In fact, about one-fifth of all crashes in the United States are caused during a left turn, according to a study conducted by the National Highway Traffic Safety Association (NHTSA). Even more alarming, in 42 percent of all fatal two-vehicle crashes involving a motorcycle and another type of vehicle, the other vehicle was making a left turn while the motorcyclist was going straight, passing, or overtaking another vehicle, according to statistics from the NHTSA in 2013. This type of tragic left turn accident occurred last week, killing the motorcyclist in the crash.

According to one news source, the motorcyclist was killed in the left-turn crash with a truck. A preliminary investigation by local law enforcement indicated that the 21-year-old truck driver was attempting to make a left turn and crashed into the motorcyclist as the motorcyclist was driving straight in the opposite direction. Police are continuing to investigate the crash and no charges have been filed yet. The 46-year-old motorcyclist had been riding a 2003 Harley Davidson and died at the scene of the crash.