Maryland Motorcycle Accident Lawyer Blog

The Importance of an Independent and In-Depth Investigation after a Motorcycle Accident

January 7, 2016 | Lebowitz & Mzhen

After a serious or fatal motorcycle accident, the road to recovery is a long one. The victim or the victim’s family will likely have to deal with the emotional impact of the accident as well as having substantial medical costs to recoup. This is normally done through a negligence lawsuit brought against one or more of the other parties involved. However, in order to be successful in such a lawsuit, the victim or their family must show that the defendant was legally at fault for the accident.

In some cases, a police investigation is sufficient to determine who caused the accident. For example, in cases involving a drunk driver who causes a motorcycle accident, the police will likely criminally charge the drunk driver. The accident victim can then benefit from the investigative work of the police department and use the department’s findings to further their own case. However, in some cases, a police investigation is not all that fruitful.

On occasion, an investigating police department will not file criminal charges because they believe the accident to be one in which no single party is at fault. Unlike the example above, this does not help the injured accident victim at all. It is in these situations that an independent, third-party investigation into the accident may be warranted to determine if there was anything that the police investigators overlooked.

Failure-to-Yield Motorcycle Accidents

December 28, 2015 | Lebowitz & Mzhen

Motorcycle accidents are a scary thought. With nothing to protect the rider except a helmet, a serious or fatal injury is often the result of an accident. While there are certainly many causes of serious or fatal motorcycle accidents, one of the most common causes is another motorist’s failure to see or failure to yield the right-of-way to a motorcyclist. In fact, by some estimates, these two causes combined account for almost half of all motorcycle accidents.

The general rule is that vehicles are required to yield to those vehicles with the right-of-way. While the situations giving rise to a potential failure-to-yield accident are countless, a few of the more common scenarios are:

Intersections with one or more stop signs;
Situations that require one vehicle to merge into another lane, such as a highway on-ramp or off-ramp;
Parking lots;
Pulling out of a driveway or shopping center exit;
Any time a vehicle makes a left turn in front of a motorcycle; and
Whenever there is a posted “Yield” sign.

Motorcyclist Settles Case against Motorist for $1.3 Million, Claim against Helmet Manufacturer Remains

December 18, 2015 | Lebowitz & Mzhen

Earlier this year, a state judge approved a settlement between a motorcyclist and the person he claimed was responsible for the accident that left him seriously and permanently injured. However, the motorcyclist’s claim against the manufacturer of the helmet that he alleges failed to protect him has not yet been resolved.

Potential Parties in a Motorcycle Accident Case

While it is commonly held knowledge that a person who negligently causes a serious motorcycle accident may be held financially liable by the injured victim of the accident, that is not necessarily where liability ends. Manufacturers of motorcycle helmets represent that their product can help save lives and reduce the impact to a motorcyclist’s head in the event of an accident. When a motorcycle helmet is flawed and does not do its job, the manufacturer may be held liable under a products liability theory.

The general principle underlying products liability claims is that a manufacturer should be held accountable for what they represent to the public. There are several different product liability claims available, depending on the specific circumstances of the case. They include defective design, manufacturing defect, and breach of warranty claims. Each claim is slightly different and requires a plaintiff prove different elements in order to be successful.

A Motorcyclist’s Liability to His Passenger

December 11, 2015 | Lebowitz & Mzhen

When someone gets on the back of a motorcycle, they trust the driver of that motorcycle to operate the vehicle in a safe and responsible manner. However, on occasion, the driver of the motorcycle is inexperienced or makes a poor judgment call that results in the motorcyclist and his passenger getting into either a single-vehicle accident or an accident with another vehicle.

In either of these cases, the motorcyclist’s passenger may sustain serious injuries due to no fault of their own. Under Maryland law, that passenger may be able to file a personal injury lawsuit against one or more parties. First, if another motorist is responsible for the accident, the passenger can seek compensation for their injuries from that other driver and their insurance company. However, if the other driver involved in the accident was not at fault, or if the accident was a single-vehicle accident, the injured passenger may consider bringing a lawsuit against the driver of the motorcycle.

Motorcyclists, along with all other motorists, owe a duty of care to their passengers as well as other drivers on the road. This duty requires that drivers operate their vehicles in a safe and responsible manner. Many times, passengers feel as though they cannot bring a suit against the driver of the motorcycle, either because they know the driver or the driver died in the accident. In these situations, an injured passenger should consult with an attorney to discuss their potential rights and how they can pursue compensation.

Wrongful Death Lawsuits Arising after Fatal Maryland Motorcycle Accidents

December 4, 2015 | Lebowitz & Mzhen

After someone is fatally injured in a motorcycle accident, the family of the deceased is often left not just emotionally distraught but also in a bad financial place. This is especially the case if there were exorbitant medical bills, or if the deceased was an income earner. A wrongful death lawsuit is a way for the aggrieved family members of a deceased accident victim to recover financially for their loss.

Wrongful death lawsuits must be brought by the proper party in order for the court to hear the case. In Maryland, the law prefers that a “primary beneficiary” bring the lawsuit. A primary beneficiary is defined as a spouse, parent, or child. However, in some cases, even a person in one of these three categories will not be eligible. For example, a parent will not be permitted to bring a wrongful death action based on the death of their child if they were criminally involved in the child’s death.

If there is no primary beneficiary available to bring the lawsuit, a secondary beneficiary can file a case. A secondary beneficiary is a person who is related to the deceased by blood or marriage and who was “substantially dependent” on the deceased. In some cases, there is substantial litigation as to whether a party qualifies as a secondary beneficiary. Once a party has proven to the court that they are a proper party, they must then prove that the defendant’s negligent, reckless, or intentional act caused the death of their loved one. This too can be complex, depending on the circumstances giving rise to the accident.

One Dead, Another Critically Injured in Left-Turn Motorcycle Accident

November 30, 2015 | Lebowitz & Mzhen

Earlier this month in Cocoa, Florida, one woman was killed and another man seriously injured when they were involved in a serious motorcycle accident. According to one local Florida news report, the accident occurred in the morning hours of Monday, November 17.

Evidently, the male was operating the motorcycle with the female on the back. As the couple attempted to make a legal left-hand turn, another driver pulled into their path. The motorcyclist was unable to avoid the collision and struck the side of the other driver’s vehicle. Both the driver and the passenger were ejected from the motorcycle. Neither of the two on the motorcycle were wearing their helmets at the time of the collision.

The man was taken to the hospital and admitted in critical condition. Sadly, his passenger, a 64-year-old Florida resident, died shortly after the accident from the injuries she sustained. Police do not believe that alcohol was a factor, but the Highway Patrol is conducting a thorough investigation into the cause of the fatal motorcycle accident.

Wife Files Suit Against Husband after Motorcycle Accident

November 19, 2015 | Lebowitz & Mzhen

Earlier this month, a Maine court heard a case brought by a woman that arose out of a motorcycle accident in which her husband was found to be at fault. In the case, Wood v. Wood, the court had to decide whether interim payments made by Husband to Wife counted towards the final verdict amount. Ultimately, the court determined that it needed further clarification as to whether the payments were based on Husband’s liability to Wife, or whether the payments were made to Wife based on her own coverage under the very same policy.

The confusion in this case arose because both Husband and Wife were on the same insurance policy. After the accident, but before the trial had concluded, the insurance company had paid roughly $5,000 to Wife. After the trial, Wife received a verdict in the amount of $50,000. The insurance company then sought credit for the $5,000 it paid prior to the court’s ruling.

Wife’s position was that the $5,000 was not a medical liability payment but was a payment made to her as an insured party who was involved in an accident. The insurance company, through Husband, claimed that credit was deserved because Husband was ultimately determined to be at fault, and thus the payment was a liability payment that should be credited towards the total.

Maryland Man Dies in Fatal Middletown Motorcycle Accident

November 12, 2015 | Lebowitz & Mzhen

Earlier this month near Middletown, a motorcyclist died when he was involved in a two-vehicle accident near the intersection of Summit Bridge Road and Old Schoolhouse Road. According to one local news source that covered the incident, the accident took place at around 1:20 in the afternoon.

Evidently, the motorcyclist was heading southbound on Summit Bridge Road, and an Acura was heading northbound on the same road, when the Acura attempted to make a left-hand turn in front of the motorcyclist. However, the driver of the Acura misjudged the amount of time he had to complete the turn and struck the motorcycle before he completed the turn. The impact from the collision caused the motorcyclist to be thrown from the bike.

The motorcyclist, who was wearing his helmet, was pronounced dead on the scene by emergency crews. The driver of the Acura stopped his car about 150 feet from the intersection and remained on the scene throughout the police investigation. He was not injured in the accident.

Bicyclist Struck by Drunk Driver Emphasizes Driver Education to Avoid Future Accidents

November 5, 2015 | Lebowitz & Mzhen

Earlier last month in Dallas, Texas, a 26-year-old bicyclist was seriously injured after she was struck and knocked off her bicycle by a drunk driver. According to one local news source, the bicyclist spoke to reporters after the accident, telling them that the key to avoiding accidents like the one that seriously injured her is driver education.

Evidently, the bicyclist had stopped at an intersection and was waiting for traffic to clear before crossing. However, once she started to cross the intersection, a vehicle approached. The vehicle entered the intersection and didn’t slow down until it hit her, knocking her off her bike and seriously injuring her. Thankfully, the woman was wearing a helmet. However, she still suffered serious injuries, including a concussion and neck injuries. She is expected to make a full recovery over the next several weeks.

The driver who struck the bicyclist was arrested and charged with driving under the influence and intoxication assault.

Motorcyclist Dies in Multi-Vehicle Chain-Reaction Accident

October 27, 2015 | Lebowitz & Mzhen

Earlier this month in Putnam County, New York, one man was killed when he was involved in a six-car pile-up on the interstate. According to one local news source, the accident occurred in the early morning hours of October 14 on Interstate 684.

Evidently, the motorcyclist was traveling on the highway when several cars in front of him were involved in an accident. The motorcyclist, without time to react, slammed into one of the cars in front of him that had slowed because of the approaching accident. Once the rider was knocked off his motorcycle, a van not far behind the motorcyclist collided with the motorcycle and the rider. The rider was taken to a nearby hospital, where he was pronounced dead.

The medical examiner listed the man’s death as an accident. Police are in the midst of an investigation to determine who was at fault in the original accident that caused the chain-reaction accident. While no one has been charged yet, that could change as the investigation wraps up.