Maryland Motorcycle Accident Lawyer Blog

Federal District Court Rules on Remand to State Court Following Successful Joinder of Defendant’s Employer in Respondeat Superior Claim Arising out of Motorcycle Accident

December 12, 2013 | Lebowitz & Mzhen

A federal court in New Mexico recently reached a decision in a motorcycle accident case that dealt with the complicated issues of fraudulent joinder and the theory of respondeat superior in determining the proper venue for the personal injury lawsuit.

In the case, PACELY v. Lockett, Dist. Court, D. NM (2013), the plaintiff filed a complaint for personal injuries sustained when he was involved in an accident with the defendant.

The plaintiff, who was riding a motorcycle at the time, had stopped his motorcycle in the median, in order to wait for other riders. The defendant then reportedly came from behind the plaintiff at a high rate of speed in his Porsche, and struck the rear of the plaintiff’s motorcycle. As a result, the plaintiff’s vehicle was totaled, and he suffered severe injuries, which included the loss of his left leg above the knee, the loss of his right leg below the knee, and he was in a coma for a sustained period of time.

The Importance of Testifying at Your Motorcycle Accident Trial

December 5, 2013 | Lebowitz & Mzhen

The United States Court of Appeals for the Fourth Circuit, which is the same court to which Maryland’s federal cases are appealed, affirmed a case over the summer whereby the plantiff essentially lost at trial due to the decision not to testify.

In the case, Scott v. WATSONTOWN TRUCKING CO. INC., Ct. App. 4th Cir. (2013), the court recants a somewhat unusual series of events regarding trial strategy and anticipation regarding testimony.

The lawsuit arose out of a collision whereby a truck driver employed by the Watsontown Trucking Company struck a motorcyclist with his tractor trailer while he was making a left turn. The motorcyclist suffered personal injuries as a result, and he filed suit in federal court, alleging negligence. According to the overview in the appellate case, the issue at trial came down to whether the truck driver had a green light when he made the turn, and if not, whether the motorcyclist was contributorily negligent.

U.S. Court of Appeals Decision in Motorcycle Accident Case Affirms Importance of Not Making Statements of Fault Following Accidents

November 24, 2013 | Lebowitz & Mzhen

The U.S. Court of Appeals for the 7th Circuit recently handed down a decision reenforcing the importance of not making statements regarding fault following motorcycle accidents. In the case, Jordan v. Binns, et al. U.S. Ct. App. 7th Cir. (2013) case no. 11-2134, a woman who lost both of her legs in a motorcycle accident appealed a jury verdict finding that she was responsible for causing the collision, not the other driver.

The accident occurred when the motorcyclist was traveling on an interstate, and collided with a tractor-trailer while coming around a turn. The driver of the tractor trailer was driving in the center lane through a right hand curve. The motorcyclist, who had been riding in the right lane was thrown to the pavement, and as a result lost both of her legs at the knees.

According to the driver of the tractor-trailer, he ran up to the motorcyclist following the collision, and in between screams, she repeatedly said that the accident was her fault. She reportedly said the same thing to her husband, who arrived shortly after the accident, and spoke with state police. A state police officer quoted both the driver of the truck and the woman’s husband in his report regarding her admission of responsibility for the accident. An insurance adjuster had a similar report.

Westminster Man Seriously Injured in Route 140 Motorcycle Accident

November 18, 2013 | Lebowitz & Mzhen

A 26 year old Westminster man was flown to the University of Maryland Shock Trauma Center earlier this week, following after an accident on Route 140 near the Baltimore County line.

According to Maryland State Police, both vehicles involved in the collision, including a motorcycle and a pickup truck, were traveling south on Route 104 at 5:26 p.m., when the motorcyclist lost control of his bike and veered into the pickup’s lane, which he collided into and was thrown from his motorcycle.

The motorcyclist was flown to Shock Trauma in serious condition, with multiple injuries. The driver of the pickup truck and his passenger were transported to a local hospital for treatment of non-life threatening injuries. Police stated that alcohol was not a factor in the collision, and an investigation is ongoing.

Single Vehicle Accident Kills Motorcyclist in Elkridge

November 11, 2013 | Lebowitz & Mzhen

An accident occurred earlier this month in Elkridge, that led to the death of a motorcyclist that was thrown from his bike.

According to Howard County Police, the accident occurred at around 3:30 a.m. on Route 1. The police report states that the 42 year old rider was reportedly traveling south on Route 1 when he suddenly lost control as he attempted to take the exit for Route 100 east. The man was thrown from his bike, and was transported to a local hospital for treatment of his injuries, where he later died.

There was relatively little information available regarding the circumstances surrounding the collision. As such, investigators are continuing to collect information in order to determine the cause.

Police Urge Motorcycle Awareness As Accidents Increase

November 4, 2013 | Lebowitz & Mzhen

The Lynchburg Police Department recently began an attempt to encourage motorists to maintain an awareness of motorcyclists sharing the road. According to the department, there have been 21 motorcycle accidents so far this year in Lynchburg alone.

Cars and other full sized vehicles can be deadly to motorcyclists. One of the problems with drivers of cars and other vehicles is that many times they may be looking for another car when they check their surroundings or blind spots, and may not look more carefully for something smaller, such as a motorcycle.

The police reported that there are typically two main causes of motorcycle accidents. In single motorcycle collisions, typically excessive speeding, such as on a curve, causes the motorcyclist to lose control. When another vehicle is involved, however, the cause is typically a result of the driver of the car having not seen the motorcyclist, and cutting over into their lane.

Five Deaths in Multiple Motorcycle-SUV Crash Near Maryland State Border

October 23, 2013 | Lebowitz & Mzhen

A tragic collision resulted after an SUV and two motorcycles collided in south-central Pennsylvania near the Maryland line, just a little under a week ago.

According to police, two motorcycles traveling in the same direction collided head-on with the SUV traveling the opposite way in Franklin County, killing four people on the motorcycles and one person travelling in the SUV.

According to another source, the SUV was heading northbound and crossed over the center line for unknown reasons, striking the Harley-Davidson head-on. Upon impact, the SUV spun counterclockwise and was struck broadside in the passenger door by the second motorcycle, a Suzuki. All vehicles were reportedly traveling under the speed limit of 55 MPH.

Woman Faces 10 Years for Texting Death of Motorcyclist

October 15, 2013 | Lebowitz & Mzhen

An Anne Arundel County woman is facing charges for the death of a motorcycle driver, which authorities believed was a direct result of the woman’s texting while driving. According to sources, this is the first official charging of manslaughter while texting in Anne Arundel County.

Last March, a 30 year old man was riding north on his motorcycle on Route 3 in Gambrills, when the 19 year old driver maneuvered her car into the motorcyclist’s path in an attempt to cross Route 3 to get to the Royal Farms, resulting in the death of the motorcyclist.

The prosecution in the case claims that, in addition to cell phone records (which are presumably time stamped), they have an eyewitness who saw the woman driving with one hand, and looking down while texting with the other. The driver faces several charges in relation to the incident, including negligent manslaughter. If convicted, she faces up to 10 years in prison and thousands of dollars in fines.

Head on Collision Kills Two Motorcyclists in Calvert County

October 8, 2013 | Lebowitz & Mzhen

Over the weekend, the Calvert County Sheriff’s Office reported that they responded to a collision in Huntingtown involving a motorcycle.

Upon arrival, authorities found both of the vehicles within different parts of the same lane on Point Plum Lane. The appearance of the aftermath was apparently consistent with evidence of a head-on collision. The motorcycle driver and passenger were both reportedly ejected upon impact, and were found west of the motorcycle.

The initial investigation revealed the SUV was traveling eastbound on Point Plum Lane, as the motorcycle approached the intersection of Point Plum Road and Twin Oak Lane. In an attempt to enter a private drive, the SUV turned left in front of the motorcycle, causing a crash. The vehicles collided in the center of the westbound lane of Plum Point Road.

Columbia Man Faces Felony DUI Charges in Double Motorcycle Fatality

October 1, 2013 | Lebowitz & Mzhen

According to officials, last month, a Columbia man was charged with felony driving under the influence after his vehicle killed two motorcyclists.

A South Carolina Highway Patrol Senior Trooper reported that the man was traveling north on Highway 21 one Monday evening, when his 2008 Saturn crossed the center line. The Saturn then reportedly collided with two BMW motorcycles head-on. The two motorcyclists both died instantly due to blunt force trauma, according to the local county coroner. The 21 year old was transported to a local hospital for unreported injuries. His passenger was uninjured.

The driver of the Saturn was subsequently charged with two counts of felony DUI, and one count of second-offense driving under suspension.