Maryland Motorcycle Accident Lawyer Blog

Determining Fault in a Maryland Rear-End Motorcycle Accident

June 9, 2021 | Lebowitz & Mzhen

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.

Memorial Day Motorcycle Accident in Mechanicsville, MD Sends Rider to the Hospital

June 9, 2021 | Lebowitz & Mzhen

Motorcycles are a great way to get around, especially during this time of year. However, hopping on a bike also carries its fair share of risks. Motorcycles don’t offer rides the same protection as other vehicles and, not surprisingly, serious injuries are very common in Maryland motorcycle accidents.

Not only are motorcycle accidents more serious than accidents involving other vehicles, but they also happen more frequently. Due to the smaller profile of motorcycles, many drivers have a hard time noticing a rider, and, even if they do, they may have a more difficult time assessing their speed. This is one reason why left-turn motorcycle accidents are so common – drivers misjudge the speed of an oncoming motorcyclist and cut them off.

Recently, a motorcycle accident in Mechanicsville, MD, resulted in a rider suffering serious injuries. According to a local news report, the accident occurred at 6:35 p.m. on Memorial Day near the 27000 block of Three Notch Road, in the area of Old Village Road.

Maryland Motorcycle Accidents Involving Large Delivery Trucks

May 22, 2021 | Lebowitz & Mzhen

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.

Is an Expert Needed After a Maryland Motorcycle Crash?

May 14, 2021 | Lebowitz & Mzhen

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.

When Are Experts Needed in a Maryland Motorcycle Accident Lawsuit?

In a lawsuit after a Maryland motorcycle crash, an expert might not be necessary in a case where a driver was not looking at their phone and failing to keep their eyes on the road. However, an expert might be required, for example, to explain how a part malfunctioned on a motorcycle or how the crash caused the plaintiff’s alleged injuries. Under the civil procedure rules in Maryland, a party may require another party to identify any experts that are expected to be called at trial, to summarize their findings and opinions, and provide any written expert reports.

Who Can File a Wrongful Death Claim After a Maryland Motorcycle Crash?

May 6, 2021 | Lebowitz & Mzhen

The unexpected death of a loved one is devastating. Although nothing can bring a loved one back, a wrongful death claim may allow certain family members to hold wrongful actors responsible for their actions and to recover financial losses after a Maryland motorcycle crash. In Maryland, a wrongful death claim generally can be filed by a spouse, parent, or child of the victim. A spouse, parent, or child is considered a “primary” plaintiff for the filing of a wrongful death claim. In cases in which the victim has no spouse, parent, or child who qualifies to bring a claim, a wrongful death claim may be brought by any family member who is related to the victim by blood or marriage who was substantially dependent upon the victim. These individuals are considered to be “secondary” plaintiffs for the filing of a wrongful death claim—meaning that they can only file the claim if no primary plaintiff exists. There are also circumstances in which a certain family member may not qualify to bring a claim. Only one wrongful death claim may be filed based on the death of the victim.

What Is a Maryland Wrongful Death Claim?

A wrongful death claim is intended to compensate family members for their losses based on the victim’s death. It also provides an avenue for family members to hold others responsible for their wrongful actions. Generally, a wrongful death claim must be filed within three years of the victim’s death. If the victim’s death was caused by an occupational disease, the claim must be filed within ten years of the victim’s death or within three years of the date when the cause of the victim’s death was discovered, whichever comes first.

Defendants in wrongful death cases will often argue that the victim was at least partially responsible for the victim’s death. In Maryland, recovery may be barred if a defendant is successful in proving that the victim was partially at fault. This means that family members often have to defend against such claims in addition to proving the defendant’s fault.

Evaluating Fault in Maryland in Left-Turn Motorcycle Accidents

April 27, 2021 | Lebowitz & Mzhen

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.

Why Are Left Turns So Dangerous for Motorcyclists?

Left turns are dangerous because drivers have to decide a number of things in a short period of time, according to the Insurance Institute for Highway Safety. The NHTSA advises drivers to make sure to take the time to look in one’s rear and side-view mirrors and to wait until drivers can see around any obstructions and to scan the roadway for all users, including pedestrians and motorcyclists, who can be hard to see. The NHTSA reports that 41% of all motorcycle crashes are due to drivers reportedly failing to see motorcycles. Drivers may be distracted or it may be that weather, signage, or other parties played a role in the crash. Drivers may also have been under the influence of alcohol, illegal drugs, or medication. There are a number of factors and assigning blame and liability for the crash can be complicated in a personal injury lawsuit.

When a Few Maryland Motorcyclists Break The Law, Others May Face the Blame

April 20, 2021 | Lebowitz & Mzhen

Sometimes, when a Maryland motorcycle accident occurs, it is unclear what exactly happened. These accidents can happen in the blink of an eye, and it is surprisingly easy for the people involved and those who witnessed it to actually have no idea what happened. But, in some cases, there is actually a video of the crash. Recently, a certain video of motorcyclists on the interstate made headlines when it showed that the motorcyclists were breaking the law, a huge hazard and potentially leading to major crashes.

According to a local news article, the video shows motorcyclists breaking the law doing slow tricks on the interstate. These slow tricks can be a huge frustration for other drivers on the interstate—they can interfere with the flow of traffic and cause accidents. In short, they put the whole public and drivers in danger. For instance, earlier this year, a group of motorcyclists doing these tricks was in the way of traffic, and a truck tried to pass them but ended up crashing into one. Both the truck driver and the motorcyclist were taken to the hospital, showing how reckless driving can cause serious crashes. And, it is helpful when these motorcycle tricks are caught on camera—if an accident is caused, then officials can refer back to the video to know exactly what happened. These videos can also be used in personal injury lawsuits to prove who caused the accident and who is liable for the ensuing damage.

However, videos like this can cause the general public to believe that all motorcyclists are reckless and constantly causing accidents. But this is an unfair characterization—most motorcyclists are cautious and responsible. If they get into an accident, it is very possible that they were not the cause—but because of videos like these, others involved may assume that it was the motorcyclists’ fault.

Bringing a Personal Injury Claim After a Maryland DUI Crash

April 13, 2021 | Lebowitz & Mzhen

About one-third of all traffic fatalities are caused by alcohol, and while traffic has decreased during the pandemic in many places, drug use appears to be more common among drivers. A study conducted by the National Highway Traffic Safety Administration (NHTSA) at five hospitals between March 2020 and July 2020 revealed that almost two-thirds of seriously or fatally injured drivers tested positive for at least one drug. Alcohol sales also have reportedly increased in the U.S. during the pandemic. Maryland has serious criminal penalties and sanctions for those drivers guilty of a Maryland DUI crash. First-time offenders in Maryland may face up to one year, and jail can be fined up to $1,000 and face a six-month license revocation and 12 point license sanction. Drivers convicted of certain offenses must also participate in the state’s Ignition Interlock Program.

Injury victims in a DUI crash involving the use of drugs or alcohol may be able to recover financial compensation. If a driver was convicted of driving under the influence of drugs or alcohol, that evidence is generally admissible in a civil case. There is also a lower burden of proof in a civil case, and a case may be possible even if a driver was not convicted of a criminal offense.

What Does an Victim Need to Prove to Win a Personal Injury Case?

In a civil case, a victim has to prove that the driver had a duty, failed to meet the duty by acting or failing to act in some way, the victim suffered damages, and the driver’s acts caused the victim’s damages. Victims can also file a claim against people who provided alcohol to the driver in some circumstances. Although Maryland generally does not have a “dram shop” law that would allow individuals to sue a commercial alcohol vendor, a social host may be liable for serving alcohol to a drunk driver if there was a special relationship between the driver and the server.

Overcoming Bias in a Maryland Motorcycle Accident Case

April 6, 2021 | Lebowitz & Mzhen

As the weather continues to warm, many motorcyclists will take to the roads for daily transportation and leisure. Most motorcyclists understand the importance of driving safely; however, accidents still occur. Whether consciously or not, the media and law enforcement often impose negative biases towards motorcyclists. These biases can significantly impact a motorcyclist’s recovery after a Maryland motorcycle accident. Stereotypes associated with riders often color them as reckless and dangerous. In turn, riders face a disadvantage during settlement negotiations, insurance disputes, and personal injury lawsuits. It is vital that motorcyclists contact an attorney to discuss their rights and remedies after an accident.

There are many unfair biases that an attorney can help a motorcyclist overcome. The main biases and prejudices that motorcyclists face come from law enforcement, medical providers, jurors, and media depictions of an accident. For instance, recently, a news report described a collision between a motorcycle and a mail truck. According to the article, the mail truck was stopped while attempting to turn left when a motorcycle drove into the vehicle’s side. The rider was ejected from his bike and suffered fatal injuries in the accident.

In cases such as the one above, the article describes the incident through a lens that may lead a reader to infer that the motorcycle improperly went through the light and hit the mail truck. These incidents often get reported to the police with the same inference. Law enforcement may enter a situation assuming that the motorcyclist was reckless. This perception may skew the entire investigation.

NBA Player Injured in Intense Bicycle Accident, Highlighting Major Risks to Maryland Cyclists

March 26, 2021 | Lebowitz & Mzhen

In this blog, we often say that Maryland bicycle accidents can happen to anyone. Most bicyclists do not expect, when they go for a ride, to get into an accident. However, the truth is it can happen when you least expect it. The recent case of Shawn Bradley, one of the tallest basketball players in NBA history, illustrates this point. While many would think it would be almost impossible for a driver not to see the 7-foot-6 man on his bicycle, earlier this year a driver in a car hit him while he was riding a bike just down the street from where he lived. The crash resulted in Bradley suffering a spinal cord injury, which caused him to be paralyzed; a tragic consequence of an upsetting crash.

Unfortunately, as a recent news source recently pointed out, the way that the news media covered the accident added insult to Bradley’s injury. Headlines abounded about how Shawn Bradley was “paralyzed following bicycling accident,” failing to even mention the fact that another driver was involved or note what caused the accident—a negligent driver. In the cases where the cause of the crash was named, it was often blamed on the car, rather than the driver. In fact, in 2019, research was published on how the media reported traffic crashes involving cyclists and pedestrians and found that 80% of the time the story subtly shifted the blame, by minimizing the driver’s role in the crash.

While this may seem just a harmless choice of words, the truth is reporting in this way is part of a larger problem. As the news report noted, words matter, and the media often rely on initial crash reports from law enforcement for their stories. Those reports are often incomplete, without a victim’s statement, and may incorrectly assign the blame to the cyclist instead of the driver. The larger issue here is that cyclists are being implicitly blamed for tragic accidents that happen to them, and negligent drivers getting away with causing tragic accidents.