Maryland Motorcycle Accident Lawyer Blog

Federal Appellate Court Discusses Sovereign Immunity in Recent Bicycle Accident Case

April 13, 2017 | Lebowitz & Mzhen

Earlier this month, the United States Court of Appeals for the Fifth Circuit issued a written opinion in a premises liability lawsuit brought by an injured bicyclist against the federal government. The case required the court to determine if the plaintiff’s case was barred by the doctrine of sovereign immunity, which generally grants immunity to government actors acting in a discretionary manner. Ultimately, the court determined that the government employees were acting in a discretionary manner and that the government was entitled to immunity.

The Facts of the Case

The plaintiff was with a friend, mountain biking in the De Soto National Forest. The two began their ride on the Couch Loop Trail. However, the plaintiff did not stop at the trail-head’s bulletin board, which displayed a sign indicating that the loop was closed.

The plaintiff rode on the trail for a while, before taking an “alternate route.” This alternate route contained some obstacles that were illegally built by members of a local bike club. The plaintiff rode over one of the obstacles and fell, seriously injuring herself. She then filed a premises liability lawsuit against the federal government, claiming that it was negligent in maintaining the trail, as well as negligent for failing to warn her about the dangerous conditions present on the trail.

Recent Opinion Illustrates the Difficulties Motorcycle Accident Victims May Encounter When Dealing with Insurance Companies

April 6, 2017 | Lebowitz & Mzhen

Earlier this month, an appellate court in Mississippi issued a written opinion that should serve as a warning to anyone injured in a motorcycle accident and planning on filing a claim with either the other driver’s insurance company or even their own insurance company. The case presented the court with the opportunity to discuss how an insurance policy’s per-person limit can limit or prevent derivative claims from being filed by the loved ones of the injured party.

The Facts of the Case

The case was filed by two plaintiffs, who were married. The husband was involved in a motorcycle accident that was caused by another party. His wife was not with him at the time of the accident. After the accident, three insurance provisions were triggered:

The at-fault driver’s policy;
The plaintiffs’ insurance policy that covered the motorcycle; and
The plaintiffs’ insurance company that covered two other vehicles.

Both of the plaintiffs’ policies had an underinsured motorist provision, whereby the policy would compensate the policyholder in the event that an at-fault driver’s insurance coverage was insufficient to cover the policyholder’s injuries.

Drivers May Have a Difficult Time Seeing Motorcyclists and Bicyclists, But That’s No Excuse for an Accident

March 30, 2017 | Lebowitz & Mzhen

One of the major causes of motorcycle and bicycle accidents that involve another vehicle is the other driver’s failure to see the motorcycle or bicycle. Most often, the failure of a driver to see a motorcyclist or bicyclist is caused by one of several things. Perhaps most common is the driver’s inattention at the time of the accident. With the prevalence of text messaging and cell-phone navigation, drivers are spending more and more time on their phones while behind the wheel, even though it is against the law in most cases.

Another common cause of a driver’s failure to take notice of a motorcyclist or bicyclist is the slim frame that these smaller vehicles have. Most motorists are accustomed to sharing the road with other cars and trucks, and are able to adjust their behavior when they must share the road. However, the average motorist sees a motorcyclist far less often than they see other cars. This can lead a motorist to overlook a nearby motorcycle, and it can also make it difficult for a motorist to gauge the speed at which an oncoming motorcycle is approaching.

Regardless of why motorists routinely fail to notice motorcyclists and bicyclists, at the end of the day, it is the motorist’s responsibility to be familiar with their surroundings. If a motorist causes an accident because they didn’t see a motorcyclist or bicyclist, that will not necessarily be a valid reason to avoid liability.

The Importance of Collecting Evidence after Hit-and-Run Motorcycle Accidents

March 23, 2017 | Lebowitz & Mzhen

All motorcycle accidents are terrible, but hit-and-run accidents are some of the worst, not just because the hit-and-run driver has shown a total disregard for the safety and wellbeing of a fellow motorist, but because the injured party might have to wait for minutes – or even hours – for help to arrive if they are unable to make the call themselves.

While anyone injured in a hit-and-run accident may be entitled to compensation from the responsible party to help them cover the costs of their injuries, finding the at-fault individual is necessarily the first step in the process. In many cases, responding police personnel will look for eyewitnesses, nearby video footage, or even physical evidence left at the scene, such as damaged car parts. This evidence can be crucial in helping police locate the alleged hit-and-run driver.

Once a hit-and-run driver is located, establishing liability may be easier than in a traditional car accident, depending on the specific circumstances of the accident and injuries. For example, if an accident victim’s injuries were worsened due to the lack of timely medical care, this can likely be attributable to the hit-and-run driver. It is also important to keep in mind that it is illegal to leave the scene of any accident, regardless of who was at fault.

Court Upholds Motorcycle Accident Victim’s Award Against Taxi-Cab Company Under Agency Theory

March 16, 2017 | Lebowitz & Mzhen

Earlier this month, a state appellate court issued an interesting opinion in a motorcycle accident case that was filed against a taxi-cab driver as well as the taxi-cab company. The case required the court decide whether the taxi-cab company could be held vicariously liable for the allegedly negligent actions of the taxi-cab driver. Finding that the jury was presented sufficient evidence to create an agency relationship between the driver and the company, the court determined that the company could be held vicariously liable.

Vicarious Liability

Vicarious liability is a theory of liability where one party is held legally responsible for the negligent actions of another party. This type of liability is most commonly seen in cases involving a case against an employer for the negligent actions of an employee. However, the relationship between the parties need not be that of employer/employee for vicarious liability to apply; a party may also be held liable for the negligent actions of their agent.

The Facts of the Case

The plaintiff was injured when he was involved in a motorcycle accident with a taxi-cab driver who was operating a cab marked with the defendant’s logos. According to the facts as discussed in the appellate opinion, the taxi-cab driver made a left turn directly in front of the plaintiff, causing the vehicles to collide.

Physical and Financial Recovery after a Serious Bicycle Accident

March 9, 2017 | Lebowitz & Mzhen

Whenever a bicyclist is involved in an accident with a motor vehicle, the potential for serious injuries is extremely high, even if the bicyclist is wearing a helmet at the time of the crash. In many bicycle accident cases, accident victims will require lengthy stays in the hospital, followed by months of physical therapy, before their life starts to return to normal. Necessarily, this means weeks or months out of work and potentially astronomical medical expenses, not to mention the emotional toll that the accident takes. In some cases, an accident victim is left with irreparable injuries that will stay with them throughout their life.

After a bicycle accident, an injured bicyclist is entitled to bring a personal injury lawsuit against the driver they believe to be at fault for the accident. In some cases, the driver may not be located or may not have adequate insurance; however, there still may be an avenue of recovery through the bicyclist’s own insurance policy. Through this process, an accident victim may be able to seek financial compensation for the various costs associated with the accident, including 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. Anyone injured in a serious Maryland bicycle accident should seek out a dedicated personal injury attorney to discuss their case.

Bicycle Accident Leaves Teen Paralyzed

Recently, a Texas teenager was struck while he was riding his bike on a public road. After the initial collision, the teen ended up crashing into the car’s windshield before bouncing off and landing on the road. According to a recent local news report, after the accident, the driver responsible for the crash fled the scene. Thankfully, another passing motorist did stop and render aid. However, the teen was unable to feel his legs and was taken by helicopter to a nearby hospital.

Passengers Injured in Motorcycle Accidents May Have a Right to Recover Compensation for Their Injuries

February 27, 2017 | Lebowitz & Mzhen

While most motorcyclists use the necessary caution and attention when riding, the fact remains that some 40% of all motorcycle accidents are caused by the motorcyclist. The percentage of motorcyclist fault in single-vehicle accidents is even higher, reaching well over 50%. In many of these accidents, the motorcyclist is not the only one on the bike at the time of the accident.

Motorcycle accidents can result in serious injuries, time away from work, and significant pain and suffering. It is important for passengers involved in motorcycle accidents to realize that they may be entitled to monetary compensation to help them cover the costs of their injuries. This is even the case in single-vehicle accidents when there are no other vehicles involved.

In fact, under Maryland law, all motorcyclists must carry a certain amount of insurance to cover themselves as well as their passengers. Even if a motorcyclist does not have insurance or has an insufficient amount of insurance, the chances are that a motorcycle passenger’s own insurance policy will cover their injuries.

Hit-and-Run Accidents on Maryland Roads

February 20, 2017 | Lebowitz & Mzhen

Hit-and-run accidents are difficult for most people to comprehend. Not only does a hit-and-run driver potentially evade responsibility for their actions when they leave the scene of an accident, but they also leave the other parties involved in the accident in a potentially life-threatening situation. Indeed, many accident victims survive the initial impact of a collision but require immediate medical care to ensure a full recovery. In most cases, the person who is in the best position to get an accident victim help is the driver of the other vehicle.

When a driver flees the scene of an accident, they are putting others in grave danger and can be held accountable under Maryland law. In order for a hit-and-run accident victim to successfully recover compensation for their injuries, they must be able to prove that their injuries were caused by the hit-and-run driver’s negligence. Even if a hit-and-run driver was not at fault for the initial collision, he may still be liable to an accident victim he leaves on the side of the road without the necessary medical assistance. This is especially the case when an accident victim can show that their injuries were worsened because they did not receive timely medical attention.

One of the most difficult parts of recovering after a hit-and-run accident is locating the driver. However, thankfully, police generally take these cases very seriously and scour the scene for evidence that can be traced back to the at-fault driver. Anyone who has been struck by a hit-and-run driver – regardless of whether the driver has been located – should reach out to an experienced attorney to determine if they may have a right to financial compensation.

Distracted Driving Is One of the Leading Causes of Fatal Motorcycle Accidents

February 13, 2017 | Lebowitz & Mzhen

It is always important for motorists to pay attention to their surroundings. However, motorists are presented with myriad distractions, ranging from cell phone use to talkative passengers and everything in between. In fact, according to a recent report by the National Highway Transportations Safety Administration (NHTSA), over 3,300 people are killed each year in accidents involving a distracted driver. Additionally, there are 387,000 people injured in similar accidents.

The NHTSA defines distracted driving as “any activity that could divert a person’s attention away from the primary task of driving.” Distracted driving is unsafe, and when a driver is not paying attention and causes an accident, they may be held liable for their negligence. While it may seem difficult to prove that a driver was distracted at the time of an accident, cell phone records, eyewitness accounts, and circumstantial evidence can all help an accident victim show that the driver responsible for their injuries was not paying as close attention to the road as they should have been.

Motorcyclist Killed in Head-On Collision

Earlier this month in California, a motorcyclist was killed when he was struck by an oncoming Ford Crown Victoria. According to a local news source covering the accident, the collision occurred on a rural road in the afternoon hours.

Motorcycle Helmet Cams May Be Valuable Evidence at Trial

February 6, 2017 | Lebowitz & Mzhen

Determining who was at fault in a motorcycle accident is not always as straightforward as it seems. Many times, the motorists involved in a motorcycle accident offer a self-serving version of what happened. In some cases, a police investigation can uncover evidence leading authorities to come up with a best guess as to what caused the accident and who was at fault. However, in many cases, this evidence is absent, and it’s one driver’s word against another’s.

In recent years, some motorcyclists have begun to install cameras on their helmets to record their journey. While the impetus for installing a helmet cam may not necessarily be to document any potential accidents, the footage from a helmet cam may be admissible in a motorcycle accident lawsuit.

Motorcyclist’s Helmet Cam Catches Road-Rage Incident on Film

Earlier this month, a motorcyclist was involved in a serious accident on a Washington highway when the driver in front of him slammed on his brakes. According to a news report covering the recent accident, the motorcyclist was entering the highway when another motorist passed very close to the motorcyclist’s left side at a high rate of speed. Upset by the near collision, the motorcyclist made a hand gesture toward the motorist, and the motorist then slammed on his brakes.