Maryland Motorcycle Accident Lawyer Blog

What Does an “Owned but not Insured” Exclusion Mean in a Maryland Auto Insurance Policy

May 7, 2019 | Lebowitz & Mzhen

When someone purchases a Maryland auto insurance policy, the insured must provide the insurance company with the make and model of each vehicle that they want to be insured. Typically, people choose to purchase insurance on each of their vehicles; however, it is not uncommon for a vehicle owner to choose not to name a vehicle in a policy. This may be because the vehicle is used only seasonally or is used exclusively by someone who is away on military leave or at college.

When an insurance company writes a policy, the coverage will generally extend to all vehicles named under the policy. However, if a policyholder chooses not to name a vehicle in the policy, the insurance company will likely exclude that vehicle from coverage. This is commonly referred to as the “owned but not insured” exclusion. A recent case illustrates how this exclusion could impact an injury victim’s ability to recover for their injuries.

According to the court’s opinion, a teenager died after he was involved in a fatal accident while he was operating a 49cc moped. The teenager’s family filed a claim against the at-fault driver’s insurance policy, recovering the policy maximum of $100,000. The teenager’s family also filed an underinsured motorist (UIM) claim against their own insurance carrier, seeking benefits for the loss of their son’s life.

Washington, D.C. Electric Bikeshare Company Recalls Hundreds of Units Based on Brake Problems

April 26, 2019 | Lebowitz & Mzhen

The concept of bike-shares has exploded across the country, with most large cities having a bike-share program. Bike-shares are generally seen as a good alternative to public transportation because they allow riders to rent bikes from one of many locations across the city and return the bike to any location near the rider’s destination. Some cities, including Washington, D.C. have gone a step beyond the traditional bike-share concept, and have implemented electronic bike-shares.

Not surprisingly, some critics of the electric bike-share concept argue that bike-shares increase the number of Washington, D.C. traffic accidents. These concerns are based mostly on the fear that electric bike-shares allow inexperienced users to operate machines that, when misused, could very easily result in serious injury to the rider, as well as to pedestrians and other motorists. However, as a recent article indicates, there is also the concern that the electric bikes themselves pose a danger to riders.

According to a recent news report, the company Motivate, which is a subsidiary of the popular ride share company, Lyft, has recalled approximately 15% of its electric bikes. A spokesperson for the company explained that the recall was based on reports that riders who tapped the brakes experienced a stronger-than-anticipated force, causing riders to fall. In some cases, riders were sent over the handlebars of the bike. Interestingly, the manufacturer of the brakes has released a statement indicating that the problem was not with the braking components, raising the question that the problem may have to do with how the brakes were installed on the bikes.

Maryland Man Killed in Waldorf Motorcycle Accident

April 17, 2019 | Lebowitz & Mzhen

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.

Maryland Man Killed in Recent Motorcycle Accident

April 11, 2019 | Lebowitz & Mzhen

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.

Maryland Lawmakers Consider New Law to Protect Bicyclists, Motorcyclists, and Pedestrians

April 5, 2019 | Lebowitz & Mzhen

Maryland motorists have a duty to ensure the safe operation of their vehicle at all times. However, given the high rates of distracted driving and aggressive driving, Maryland car accidents involving bicyclists, pedestrians, and motorcyclists continue to remain at an unacceptably high level.

Indeed, in 2017 alone there were approximately 500 people serious injury and over 110 killed in Maryland pedestrian accidents. That same year there were over 75 fatal Maryland motorcycle accidents, more than half of which involved at least one car or truck. According to the Maryland Motor Vehicle Administration, “in a crash between a car and a motorcycle, the car driver is more likely to be at fault than the motorcyclist.”

Under current Maryland law, a motorist who strikes a motorcyclist, bicyclist, or pedestrian with their vehicle is subject to a fine of up to $500 and a mandatory court appearance. However, practically speaking, most motorists are able to send in advance payment of a $110 fine and can avoid the court appearance altogether. Some state lawmakers rightfully believe that this lets those who cause these accidents off the hook too easily and have proposed a bill to increase certain penalties.

The Importance of Understanding Available Insurance Coverage Following a Maryland Motorcycle Accident

March 28, 2019 | Lebowitz & Mzhen

While every accident is different, generally speaking Maryland motorcycle accidents often result in very serious injuries. In most cases, a motorist who causes a motorcycle accident will not have the financial means necessary to pay for the damages sustained in the crash. This is why it is so auto insurance is so important.

Maryland law requires that all motorists maintain a certain amount of insurance on their vehicle to compensate anyone who may be injured as a result of the driver’s negligence. In Maryland, there are three types of mandatory car insurance:

Liability: this coverage compensates those who have been injured as a result of the insured’s negligence
Property Damage: this coverage compensates accident victims for the damage to their property caused by the insured’s negligence; and
Un/Underinsured Motorist (UIM) Protection: this coverage kicks in when another motorist’s liability insurance coverage is insufficient to fully compensate the insured for the injuries they sustained in an accident.

Dealing with Insurance Companies after a Maryland Motorcycle Accident

March 20, 2019 | Lebowitz & Mzhen

One of the most frustrating aspects of being involved in a Maryland motorcycle accident is dealing with insurance companies. Vehicle insurance is required in Maryland, and for a good reason. However, unfortunately, insurance companies often make the recovery process harder on accident victims by creating additional stress and anxiety.

After being involved in a Maryland motorcycle accident, accident victims often have sustained serious injuries and have missed time away from work. However, life’s expenses do not stop and, when combined with potentially astronomical medical bills, accident victims find themselves in a difficult financial position. Too often, insurance companies prey upon these vulnerabilities be denying a claim they know that the accident victim will not have time to pursue or offering an accident victim a low-ball settlement offer in hopes of making the case go away.

A recent case illustrates the lengths that insurance companies will go to in an attempt to avoid financial responsibility for an accident.

What to Do After a Maryland Motorcycle Accident

March 13, 2019 | Lebowitz & Mzhen

For those who are fortunate enough to be awake and sufficiently oriented to know what has just happened, the moments immediately following a Maryland motorcycle accident can be stressful. An accident victim will have almost certainly sustained serious injuries themselves, their motorcycle may not be anywhere near them, and there may also be concern about a passenger. While this is an incredibly stressful and anxiety-producing time, there are a few essential things that all Maryland motorcyclist should keep in mind after an accident.

Seek Medical Treatment

Motorcycle accident victims may not immediately realize that they have sustained serious injuries after an accident. In some cases, adrenaline kicks in and masks pain that would be otherwise intolerable. Some accident victims who sustain a blow to the head may have suffered a concussion or other brain injury. The signs and symptoms of these may not be readily apparent, but may get worse if untreated. Additionally, proof that an accident victim received medical treatment immediately after an accident strengthens their case.

Report the Accident

Calling the police after a Maryland motorcycle accident can help provide an accident victim with an objective account of what the scene of the accident looked like. Police will also obtain all the necessary information from the other drives involved, which will be required for filing a personal injury lawsuit down the road.

Considerations in Maryland Hit-and-Run Accidents

March 6, 2019 | Lebowitz & Mzhen

Being involved in any Maryland bicycle accident is often a very traumatic experience. Hit-and-run accidents are no exception. In fact, for several reasons, Maryland hit-and-run accidents are considered by most to be one of the most traumatic types of motorcycle accidents.

A hit-and-run accident occurs when a driver is involved in an accident and then leaves the scene before checking to see if anyone else involved in the crash requires medical care. Because the identity of the at-fault motorist is not initially known, accident victims cannot focus solely on their recovery, and must work with law enforcement to help them locate the hit-and-run driver.

Often, police can locate a hit-and-run driver eventually, although that is not always the case. In the event that a Maryland hit-and-run driver is not ever found, an accident victim may still be able to pursue a claim for compensation. However, rather than file a claim with the at-fault driver’s insurance company – as would be the case if the at-fault motorist was known – a hit-and-run accident victim must file a claim with their own insurance company, under the uninsured motorist provision. An experienced Maryland personal injury attorney can help those injured in a hit-and-run accident to pursue a claim.

Maryland’s Recreational Use Statute and It’s Limitations

February 28, 2019 | Lebowitz & Mzhen

Maryland law imposes a duty on landowners to keep their property safe for those whom they invite onto their land. This includes both a duty to remedy any known dangers, as well as a duty to warn visitors about any hazards that may not be readily apparent. However, under Maryland’s recreational use statute, landowners who allow the public to use their land for recreational purposes cannot be held liable by those who are injured on their property as long as the landowner does not charge a fee for the use of their land.

The Maryland recreational use statute is not absolute, and there is an exception for a landowner’s “willful or malicious failure to guard or warn against a dangerous condition.” A recent decision issued by a federal appellate court discusses this exception and when it may apply.

The Facts of the Case

According to the court’s recitation of the facts, the plaintiff was seriously injured in a bicycle accident that occurred on land that was owned and maintained by the Air Force Academy. Evidently, the plaintiff was riding his bike along a bicycle path when he encountered a large sinkhole. The sinkhole spanned the width of the path and, despite its large size, was difficult for riders to see as they approached it.