Maryland Motorcycle Accident Lawyer Blog

The tragedy of losing a loved one in a Maryland motorcycle accident is an experience that no one should ever have to go through. However, on average, there are approximately 70 fatal Maryland motorcycle accidents each year. While some of these accidents are attributable to rider error, many involve negligent motorists who failed to take account of their surroundings.

Under Maryland law, when a person is killed due to another’s negligence, the surviving loved ones of the accident victim can pursue a Maryland wrongful death claim against all responsible parties. It is important the families of accident victims understand that Maryland law requires that a proper party file a wrongful death claim. Under Maryland Code § 3-904, a “primary beneficiary” must be the one to bring the claim. Primary beneficiaries are defined as the “wife, husband, parent, or child of the deceased.” If no primary beneficiary exists, “any person related to the deceased person by blood or marriage who was substantially dependent upon the deceased” can bring the claim. These are referred to as secondary beneficiaries.

Once a party establishes that they are a proper party, they must be able to prove that the defendant’s actions were the cause of their loved one’s death. In this sense, a wrongful death case is similar to a traditional Maryland personal injury case, requiring a plaintiff to establish the four elements of a negligence claim: duty, breach, causation, and damages.

In most Maryland motorcycle accidents, the parties involved each has their own version of what happened in the moments leading up to the crash. Often, this results in both sides telling their story to the jury, and the jury determining which of the parties’ version of the events is most credible. Of course, the other evidence presented at trial also plays an important role in assessing a witness’ credibility.

One particularly strong type of evidence is a motorist’s decision to leave the scene after an accident before the police arrive. Jurors may rightly wonder why an innocent driver would attempt to flee the scene of an accident. Additionally, a motorist’s decision to leave the scene while there are others who were involved in the crash and may be in immediate need of medical attention shows a certain callousness. For these reasons, Maryland hit-and-run accidents are often strong cases for the accident victim.

After any Maryland traffic accident resulting in injury, property damage, or death, all motorists involved in the collision must stop and provide their name, address, vehicle registration, and insurance information. Additionally, motorists must “render reasonable assistance” to anyone who was injured in the accident when the injured party requests assistance or if it is reasonably apparent that they require medical assistance. A motorist’s failure to comply with these requirements can not only result in criminal sanctions, but can also be the basis of an independent Maryland personal injury lawsuit.

In April 2019, a woman was killed in a Maryland motorcycle accident when a dump truck backed into a motorcycle she was riding on as a passenger. According to a local news report covering the tragic accident, the collision occurred around 11:30 in the morning in St. Mary’s County, near the intersection of Mt. Wolf Rd. and Chappelear Drive.

Evidently, a group of county public works employees were working alongside the road. One of the crew members passed the work crew while driving a dump truck. The employee pulled the dump truck over to the side of the road, intending on backing the truck up next to the crew. However, as the driver began to back up, he ran into a motorcycle. The driver told police that he checked his mirrors before proceeding to back up, but that he did not see the motorcycle behind the truck.

The motorcycle passenger was taken to the hospital, but soon after died as a result of the injuries she sustained in the accident. The driver of the motorcycle was also hospitalized with serious injuries, but is expected to recover.

Earlier this month, an Upper Marlboro man was fatally injured in a Maryland motorcycle accident when he collided with another vehicle that was in the process of making a U-turn. According to a local news report, the fatal crash occurred around 10 in the evening on northbound Route 301, in Waldorf.

Apparently, the motorcyclist was traveling on 301 northbound at a high rate of speed. As the motorcyclist approached Central Avenue, a pick-up truck that was heading southbound on 301 began to initiate a U-turn. As the truck was in the middle of the U-turn, the motorcycle collided with the passenger side of the pick-up truck. The force from the collision spun the pick-up truck 18 degrees.

The motorcyclist was pronounced dead at the scene by emergency responders. The driver of the pick-up truck was injured and transported to the hospital. Police told reporters that they believe speed to have been a factor in the accident.

Earlier this month, a Maryland motorcyclist was killed after he intentionally laid his motorcycle down to avoid an imminent collision. According to a local news report covering the tragic accident, the crash occurred near the intersection of Abingdon Road and Windy Laurel Drive in Abingdon, shortly before noon. Weather conditions were clear.

Evidently, the motorcyclist was traveling eastbound on Abingdon Road when a westbound minivan attempted to make a left turn in front of the motorcycle. While there have not been any eyewitnesses that have come forward, after investigating the scene of the accident police believe that the motorcyclist laid down the motorcycle in an attempt to avoid a collision with the minivan. The motorcyclist was taken to Johns Hopkins Bayview Medical Center where he later died from the injuries he sustained in the accident.

Police urged all motorists to “pay attention,” explaining that motorists should be especially careful this time of year, when more motorcycles are on the road. The accident remains under investigation, and no criminal charges have been filed against the driver of the minivan.