Maryland Motorcycle Accident Lawyer Blog

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.

Recovering for the Wrongful Death of a Loved One Killed in a Maryland Motorcycle Accident

February 21, 2019 | Lebowitz & Mzhen

Anytime someone gets in a vehicle – whether it be a car, truck or motorcycle – there is a risk of being involved in a Maryland auto accident. While any accident poses a risk of serious injury to those involved, motorcycle accidents result in a disproportionate amount of fatalities due to the lack of protection motorcycles offer riders.

According to the most recent government statistics, there are approximately 1,450 Maryland motorcycle accidents each year. In 2017, there were 85 people killed in Maryland motorcycle accidents. While this may not seem like a high number, consider the fact that there are only about 123,000 motorcycles registered in the State of Maryland compared to almost 2 million cars and trucks.

When someone is killed in a Maryland motorcycle accident, their surviving family members may be able to pursue a claim for financial compensation through a Maryland wrongful death lawsuit. Under Maryland Code Section 3-904, a wrongful death claim is primarily for the benefit of a surviving spouse, child or parent. These are considered “primary beneficiaries.” If, however, there are no primary beneficiaries, a claim may be brought by “any person related to the deceased person by blood or marriage who was substantially dependent upon the deceased.”

Maryland Bicycle Accidents Occurring on College Campuses

February 14, 2019 | Lebowitz & Mzhen

Maryland is a state that values higher education. Indeed, according to the most recent data, there are over 50 colleges across Maryland. Bicycles have long been the preferred method of travel for budget-conscious college students, especially in colleges and universities in large urban centers such as Baltimore and Washington, D.C. Thus, it isn’t surprising that many Maryland bicycle accidents occur on or around college campuses.

For the most part, colleges do a good job ensuring that bike travel on campus is safe. This means providing bike lanes, signage, and driver education about the presence of bicyclists and how to safely drive in an area where there is a large population of bicyclists. However, despite these efforts, Maryland bicycle accidents continue to occur.

When a bicyclist is injured in a Maryland bicycle accident, they can pursue a claim for compensation against one or more parties. Generally, this includes the driver that struck them, as well as any other potentially liable party such as the college or university, the driver’s employer, or another motorist that was involved in the collision. However, it is essential that an injured bicyclist understand Maryland’s strict contributory negligence laws and how they can preclude an injured cyclist from recovering for their injuries.

The Recent Increase in Baltimore Scooter Accidents

February 7, 2019 | Lebowitz & Mzhen

Over the past couple of years, scooter-share companies have popped up in cities across the United States. A scooter-share is based on the popular dockless bike-share concept, in which someone can rent a bicycle for an hourly fee and then click a button on their phone when they are done using the scooter. Part of the appeal is that renters can locate a scooter on their phone through a GPS device that is installed on the scooter. This also allows users to leave the scooter anywhere they want.

While scooters are not particularly difficult to ride, there is certainly the potential for danger in allowing a large number of scooters to share the already crowded roads in Baltimore. Of course, scooter use is regulated, and riders are subject to a 15 mph speed limit on roads with a speed limit under 30 mph. On larger roads with a higher speed limit, scooters are permitted to drive on the sidewalk, but must travel below six mph. This also raises the concern of scooter-pedestrian accidents.

Not surprisingly, since the inception of the scooter-share program in Baltimore, there has been an increase in the number of Maryland scooter accidents. According to a recent news report, Baltimore lawmakers have had enough of these scooter accidents, many of which have been linked to uninitiated operators traveling at unsafe speeds.

Determining Fault in Maryland Bicycle Accidents

January 28, 2019 | Lebowitz & Mzhen

As we continue to shifts toward being a more environmentally aware society, more and more people are relying on bicycles as a primary source of transportation. Indeed, many of the large cities across Maryland and Virginia are in the process of making their streets more bike-friendly by installing additional signage, widening roads, and creating bicycle lanes. These efforts go a long way in reducing the number of Maryland bicycle accidents; however, the risks are still present.

When it comes to determining who is at fault in a Maryland bicycle accident, the legal doctrine of negligence applies. Thus, a bicycle accident victim can pursue a claim against any party who violated a duty of care that was owed the bicyclist, so long as that party’s conduct was a contributing factor in causing the accident.

Certainly, in some Maryland bicycle accidents determining potentially negligent parties is a simple task. However, accident victims should be aware that there may be additional parties who could be held liable. For example, if an accident was caused in part by a poorly maintained road, the local government responsible for maintaining the road may be a potential defendant. Maryland accident victims should note, however, that cases naming government entities as defendants must comply with certain additional procedural requirements.

Settlement Offers in Maryland Motorcycle Accident Cases

January 21, 2019 | Lebowitz & Mzhen

It is often said that over 95% of all cases are resolved through some kind of settlement agreement. Thus, it is almost a certainty that an accident victim will be made at least one offer to settle their case before it reaches trial. Settlement negotiations are consequently an essential part of a Maryland motorcycle case, even if the agreement is not accepted.

There are several reasons why so many cases settle. Primarily, it is because insurance companies are the ones defending most personal injury cases. Insurance companies are for-profit companies and, because of the nature of their business, they prefer to know what their exposure will be. That being the case, if an insurance company can settle a case for a known dollar amount, it may be willing to do so to avoid taking the case to trial and the possibility of a much larger verdict.

While this sounds reasonable in theory, in practice insurance companies tend to prey upon the desperation and suffering of accident victims. Many accident victims do not know the ins and outs of the insurance business, and by approaching accident victims at a very vulnerable time, insurance companies hope to settle claims for far less than they may be worth. A recent article discusses a motorcycle accident victim’s decision to turn down a settlement offer and take the case to trial. Of course, each case is different, and injury victims should only decide what to do with their claim after consulting with a dedicated Maryland motorcycle accident attorney.

Maryland Motorcycle Accidents Caused by Motorists’ Confusion at Non-Traditional Intersections

January 14, 2019 | Lebowitz & Mzhen

For those who regularly drive, knowledge of traffic laws becomes ingrained. Most motorists do not have to think about whether they need to yield to the person on their right or stop at a red traffic signal; they just intuitively know. While this makes driving – an activity that involves numerous complex tasks – much easier, it also means that motorists who encounter unfamiliar signage may be caught off guard, increasing the chance of a Maryland motorcycle accident.

For example, decades ago the concept of a traffic-circle was virtually unknown in the United States. However, in the recent past city planners have made use of traffic-circles to control traffic and prevent motorists from speeding through intersections. As more traffic-circles started popping up, there was an increased number of accidents due to drivers not knowing how to navigate a new traffic feature safely.

Another potentially dangerous situation is an intersection with flashing lights. While most motorists know that a flashing red light means they must stop and then proceed only when clear, some drivers are confused when confronted by a flashing yellow light. Of course, a motorist’s confusion or unfamiliarity with certain traffic features is not an excuse for causing an accident.

Maryland Man Killed in Recent Motorcycle Accident

January 7, 2019 | Lebowitz & Mzhen

Last month, a motorcyclist was killed in a fatal accident near Waldorf involving one other vehicle. According to a local news report covering the tragic Maryland motorcycle accident, the man was heading southbound on Poplar Hill Road when an SUV crossed into his lane of traffic and collided with the motorcyclist head-on.

Evidently, the driver of the SUV was traveling north when the traffic in front of him began to slow down. The driver applied his brakes in an attempt to avoid rear-ending the traffic in front of him, but lost control of the vehicle. The SUV then began to skid toward the center median and eventually into oncoming traffic, where it collided with the motorcycle. The motorcyclist was pronounced dead at the scene. Police have begun an investigation into the fatal motorcycle accident, but have not yet determined whether the driver of the SUV will face criminal charges.

Recovering After Losing a Loved One in a Fatal Maryland Motorcycle Accident

The pain of losing a loved one in any type of traffic accident is immeasurable. And while nothing can be done to bring a loved one back, family members may be able to pursue a claim for financial compensation for the losses they have suffered.

Contributory Negligence in Maryland Motorcycle Accident Cases

December 27, 2018 | Lebowitz & Mzhen

As a general rule, anyone who has been injured in a Maryland motorcycle accident can bring a claim for compensation against the party that they believe to be responsible for causing the crash. If the motorcycle accident victim is successful, they may be able to recover compensation for their past and future medical expenses and lost wages, as well as for any pain and suffering they endured as a result of the accident.

However, Maryland, Virginia, and Washington, D.C. have some of the strictest laws when it comes to determining which motorcycle accident victims can obtain compensation for their injuries. Each of these jurisdictions applies a slightly different version of a doctrine called “contributory negligence.” Under a contributory negligence framework, an accident victim is not permitted to recover for their injuries if they share responsibility for the accident that resulted in their injuries.

This may sound like a harsh law, and it is. In fact, even if an accident victim is found to be just 5% at fault for causing a collision, they will be barred from recovering anything for their injuries. The doctrine of contributory negligence used to be common across the country, but over time most states have passed legislation abolishing the doctrine in favor of a more accident-victim-friendly alternative. In fact, aside from Maryland Virginia, and Washington, D.C, only two other states apply the contributory negligence rule.

Wrongful Death Cases Following Fatal Maryland Motorcycle Accidents

December 20, 2018 | Lebowitz & Mzhen

Losing a loved one is always a very difficult and trying experience. However, when a loved one is killed in a preventable accident, such as a Maryland motorcycle accident, the feelings of frustration, anger, and loss are difficult to push aside.

In cases involving a negligent driver, the criminal justice system is often disinterested in pursuing a claim against the responsible driver. This is because criminal courts are typically concerned with intentional actions that result in injury, rather than a motorist’s negligence or poor decision-making. And even when a criminal charge is filed, the family of the deceased is typically just along for the ride, having no real role in the proceedings. In addition, even a successful criminal case against a negligent driver will do little to provide for the loss of financial support provided by the deceased. Overall, a criminal charge does little to comfort the family of the deceased other punishing the at-fault driver.

Under the Maryland wrongful death statute, the family members of a Maryland motorcycle accident victim can pursue a civil claim for damages against a negligent driver. Unlike a criminal case, the objective of a Maryland wrongful death case is less focused on the at-fault driver’s violation of the law and more concerned with the loss of life that resulted from the driver’s negligent actions. If successful, the surviving loved one may recover amounts for medical expenses, funeral expenses, loss of financial support, as well as for emotional damages.