Maryland Motorcycle Accident Lawyer Blog

Pursing a Maryland Wrongful Death Claim Following a Fatal Motorcycle Accident

December 10, 2021 | Lebowitz & Mzhen

Following a major accident that results in the death of a loved one, it can often feel overwhelming as you get their affairs in order and manage the fallout of losing someone close to you. If the death of your loved one was the result of another party’s negligence or carelessness, however, you may have grounds to file a wrongful death lawsuit—and hold those who are responsible for the accident accountable for their actions.

According to a recent news report, a 13-year-old boy was killed in a hit and run crash. Local authorities reported that a truck was driving north when it struck the boy, who was riding his bicycle. The boy was killed as a result of the crash and the pickup truck fled the scene. State highway patrol is seeking assistance from the public in identifying and locating the pickup truck involved in the crash, and the accident remains under investigation.

Following a major accident that is the result of the at-fault party’s negligence or carelessness, potential plaintiffs should consider filing a wrongful death lawsuit. Although the at-fault party in the case described previously may face criminal penalties for fleeing the scene in Maryland, this only results in criminal charges, rather than monetary compensation. To receive monetary compensation for their actions, potential plaintiffs must file a separate lawsuit in civil court to do so.

Maryland Motorcyclists Face Unique Dangers

November 30, 2021 | Lebowitz & Mzhen

Accidents involving a motorcycle can be extremely dangerous. According to the National Highway Traffic Safety Administration, motorcyclists were approximately 29 times more likely than those who ride in a car to die in a motor vehicle crash and 41 times more likely to be injured. So when a motorcycle driver is injured or killed in one of these accidents, they may wish to bring a lawsuit against the responsible party. To be successful in their lawsuit, the individual—the plaintiff—must prove the defendant was at fault for the accident and the plaintiff’s injuries. While it sometimes may be easy to determine who is at fault in such accidents, other times it may be more difficult to prove.

A motorcyclist was recently killed after colliding with a large truck. According to a local news report, the driver of the commercial pickup truck was attempting to turn left when it struck a motorcycle. The driver of the motorcycle—who was wearing a helmet—was taken to the hospital and later died of his injuries.

When accidents like this occur, it is important to determine who is at fault—especially in those instances when a lawsuit is brought. Because motorcycle drivers are more likely to be injured or killed in accidents involving a car, it is often assumed the motorcycle driver is not at fault. However, there are still facts a motorcycle driver must prove to prove the other individual caused the accident. The plaintiff can establish fault in a few ways.

Improper Left Turn Accidents Are a Leading Cause of Maryland Motorcycle Accidents

November 24, 2021 | Lebowitz & Mzhen

When motorcycle accidents take place, they can often have devastating consequences because they lack the shield that passenger vehicles provide to drivers and occupants. Among the various types of accidents involving motorcycles, however, left turn accidents account for nearly 36 percent of fatal collisions. Because of the vulnerability of motorcyclists, left turn accidents yield a higher likelihood of injury, and are often an understated danger when sharing the road with other drivers.

According to a recent news report, a 20-year-old motorcyclist was killed Sunday evening after being involved in a two-vehicle crash. Local authorities reported that the man was driving his motorcycle east when a westbound SUV attempted to make a left turn. The SUV began to make its turn when the motorcycle hit the SUV’s right side. The motorcyclist was transported to a local hospital, where he later died from his injuries. The accident remains under investigation.

Although it may seem obvious why left hand turn accidents occur involving motorcycles, a variety of contributing factors could lead to the collision taking place.

Lane Splitting in Maryland Motorcycle Accident Cases

November 19, 2021 | Lebowitz & Mzhen

The issue of lane splitting comes up in a number of Maryland motorcycle accident cases. Lane splitting refers to motorcycles driving on the lines between lanes, which allows motorcycles to go in between two vehicles to pass them. According to Maryland’s Code of Transportation, a person operating a motorcycle cannot drive “between lanes of traffic or between adjacent lines or rows of vehicles.” Thus, in Maryland, lane splitting is illegal. This means that on any roadway in Maryland that is divided into two or more lanes, anyone operating a motorcycle is required to travel to an adjacent lane before passing another vehicle. Motorcycles are entitled to the full use of a lane and other vehicles cannot deprive a motorcycle of the full use of a lane.

Why Do Motorcyclists Split Lanes?

Some people argue that lane splitting helps motorcyclists speed up the flow of traffic because there are fewer vehicles occupying a single lane. Supporters also argue that lane splitting does not increase the risk of injury to motorcyclists, that it may help remove the motorcycle from a dangerous situation, and that Maryland lane-splitting motorcycle accidents are less severe for motorcyclists than rear-end accidents. However, even where it is legal, lane splitting can be dangerous and motorcyclists have to exercise caution to do it safely.

Amplified Dangers for Maryland Motorcyclists

November 10, 2021 | Lebowitz & Mzhen

Although motorcycles and city scooters can often present a more mobile, agile, and compact way of getting around on a daily basis, they can also present a number of unique risks. Unfortunately, when compared to regular passenger vehicle accidents, motorcycle and scooter accidents are often inherently more dangerous. Understanding the additional risks that operating a motorcycle or scooter can pose can help you proactively avoid risky situations when operating one or can make you more aware of your passing motorcycles or scooters as a passenger vehicle driver.

According to a recent news report, a woman died after she collided with a truck while riding a Lime scooter. The woman crashed into the rear tires of a moving truck after she swerved into the roadway. Police pronounced the woman dead at the scene. Following an initial investigation, local authorities noted that there were no indications of alcohol involved in causing the crash. The accident remains under investigation, and further examination of the scooter and toxicology testing conducted by the medical examiner’s office is expected.

Scooters are not exactly the same as motorcycles, but they do share many of the same risks and issues when it comes to being more susceptible to accidents. As scooters have increased in popularity and are more accessible than ever in major metropolitan areas, accidents have increased as well. So, what is it exactly that causes motorcycles or scooters to be more likely to be involved in a collision that causes injury or even death?

Maryland Motorcyclist Killed in Tragic Accident

October 31, 2021 | Lebowitz & Mzhen

Motorcycles can be a mobile, convenient, and fashionable way to switch up your commute or your everyday routine. Unfortunately, motorcycles can also be unsafe and carry risks that other types of passenger vehicles do not possess. In addition to potentially high speeds, motorcycles also do not have the protection of a regular car surrounding the driver that could insulate them from an accident, and can often be difficult to see when road conditions are poor or nearby drivers are not paying attention. In fact, these factors are likely why motorcycle accidents frequently result in devasting injuries, property damage, and in extreme cases, even death.

According to a recent local news report, a Maryland man tragically passed away after his motorcycle was involved in a crash west of Dover. Law enforcement stated that the 25-year-old motorcyclist was traveling east when he approached a car planning to make a left turn at the upcoming intersection. The motorcyclist was subsequently struck by the car and was later transported to a local hospital where he was pronounced dead. The driver of the car was uninjured. The accident remains under investigation by local authorities and accident reconstruction specialists.

Unfortunately, Maryland is no stranger to motorcycle accidents. In Maryland, the five-year average of fatal crashes from 2016 to 2020 has been 73 accidents per year. In addition, an average of 980 people per year are involved in injur-causing motorcycle crashes and 304 individuals were involved in property damage-related motorcycle crashes for the same time period. Overall, in 2020, 1,288 reported motorcycle crashes took place in Maryland, with 1,091 involving injuries.

When a Property Owner May Be Liable in a Maryland Motorcycle Accident Lawsuit

October 24, 2021 | Lebowitz & Mzhen

Sometimes, when accidents take place on another person’s land, certain liabilities arise for the landowner. These liabilities and responsibilities are known as a landowner’s “duty of care” in the realm of premises liability law. When individuals enter another person’s property under the assumption that it is safe, however, and are injured, it is crucial that they understand laws governing this area to best advocate for themselves in case of legal action.

In a recent appellate decision, the court had to consider a landowner’s potential liability in a motorcycle accident lawsuit. In the case in question, a car collided with a motorcycle, resulting in catastrophic injuries. After the accident, a deputy observed tall grass near the intersection where the accident took place that would have limited or prohibited a view of the motorcyclist while traveling. The grass was growing in a ditch on the defendant company’s property.

The motorcyclist’s wife sued the defendant company, citing negligence for “allowing grass to grow so high on their property that it blocked the view of the roadway.” The defendant moved for summary judgment, which the trial court granted. The court of appeals affirmed the trial court’s decision, with the majority holding that because the grass was wholly contained on the defendant’s property, there was no duty to the traveling public.

Two People Killed in Charles County, Maryland in Separate Motorcycle Crashes

October 17, 2021 | Lebowitz & Mzhen

Two Maryland residents were killed in separate motorcycle crashes in Charles County, Maryland over a recent weekend. According to one news source, the first crash occurred around 3:30 pm on a Friday afternoon in Waldorf, Maryland.

According to law enforcement, the motorcyclist crashed with a van that was pulling out a driveway. The 20-year-old motorcyclist died at the scene. The second crash occurred on a Saturday morning in Bryans Road, Maryland. Law enforcement reported that the motorcyclist was driving around a curve when she lost control of the motorcycle, crossed the center lines, and was hit by an oncoming vehicle. The 44-year-old motorcyclist also died at the scene of the crash.

What Are the Time Limits for Filing Maryland Motorcycle Accident Lawsuit?

Most civil lawsuits must be filed within a certain time period—failing to do so generally means that the case will be dismissed. In Maryland motorcycle accident cases involving an injury to a person, there is a three-year statute of limitations that applies in most cases. In Maryland motorcycle cases resulting in the death of a person, a three-year statute of limitations also applies. This means that the case must be filed with the court within three years of the date of the crash. The time limit for a claim, known as the statute of limitations, is meant to limit the liability of a defendant to a certain time period to provide predictability and fairness to potential defendants.

Maryland Motorcycle Accidents Caused by Sun Glare and Bright Conditions

October 11, 2021 | Lebowitz & Mzhen

While many people consider winter weather and rain as one of the most hazardous driving conditions, sun and glare can cause many Maryland car accidents. A fundamental aspect of safe driving conditions is the driver’s ability to see road conditions and potential hazards. Sun glare and excessive brightness can significantly obstruct a driver’s view, making it nearly impossible to view the roadway.

According to reports by the U.S. Department of Transportation and the National Highway Traffic Safety Administration crash statistics, as many as 9,000 glare and sun-related accidents occur every year in the United States. Thereby making sun glare one of the leading causes of environmental-related accidents in the country.

Even though many people prefer to drive on clear and sunny days, excessive brightness or glare can increase the likelihood of an accident. Many of these accidents occur because of glare off the road or other items such as windshields that can reflect onto the driver’s eyes. For example, local news reports described a Maryland accident that took the life of a motorcyclist and seriously injured his passenger. Police explained that an 85-year-old driver stated that he was blinded by the sun when pulling out from a parking lot. As a result, he was in the east and westbound lanes when he slammed into the motorcycle.

Accidents Caused by Poor Road Design or Conditions

September 30, 2021 | Lebowitz & Mzhen

Most Maryland motorcycle accidents involve the negligence of one or more motorists. Negligence takes many forms, such as impaired driving, distracted driving, fatigued driving, aggressive driving, and failure to abide by traffic laws. However, road conditions or poor road design may be the sole cause or contribute to a motorcycle accident in some cases. Road conditions such as missing guardrails, large potholes, erosion, and other unsafe aspects of a roadway can result in serious accidents. Similarly, faulty road design can also contribute to a car accident. However, establishing that faulty design contributed to an accident can be challenging to injury victims and their loved ones.

For example, news reports described an accident involving a 22-year-old man. According to police, they responded to an accident on a highway exit ramp. An investigation revealed that the motorcyclist was proceeding west when he reached the crest of a hill jammed with traffic from a red light. Police speculate that the motorcyclist lost control of his bike while avoiding colliding into the stopped traffic. Emergency responders transported the man to a local hospital, where he succumbed to his injuries.

After accidents of this nature, the injury vicitm or their representative must prove that the faulty road conditions caused the accident. For instance, a victim may allege that the accident was caused by missing signs, unkempt trees blocking views, or faulty traffic lights. However, more pertinent is whether the agency, company, or organization responsible for the roadway was negligent in the road’s design, maintenance, or repair. After determining the party responsible for maintaining the roadway, the victim must prove that the entity was negligent in their responsibilities or duties.