Maryland Motorcycle Accident Lawyer Blog

Filing a Maryland Wrongful Death Claim After a Motorcycle Crash

August 25, 2021 | Lebowitz & Mzhen

In the tragic event of the loss of a loved one after a motorcycle, family members suffering from the loss may be able to file a claim against responsible parties. A Maryland wrongful death claim allows certain family members to file a claim against responsible parties to recover financial compensation for the loss and hold those parties responsible after a Maryland motorcycle accident or another accident. It allows qualifying family members to recover compensation for the wrongful acts that would have allowed the deceased family member to file a claim if they had not passed.

Who Can File a Maryland wrongful Death Case?

Generally, a Maryland wrongful claim can be filed by a spouse, parent, or child of the deceased family member. If they did not have a spouse, parent, or child, another person who is related by blood or by marriage and who was substantially dependent upon the deceased family member may file the claim. A wrongful death claim may only be filed once based upon one person’s death. Family members in successful wrongful death claims may be able to obtain financial compensation for their loss, including for mental anguish, loss of companionship, loss of guidance, and more. Family members may have to contend with allegations that the victim has partially at fault for the accident. If the victim is found to be partially at fault in a Maryland wrongful death claim, the family members may be barred from recovering through a wrongful death claim. A Maryland wrongful death claim generally is required to be filed within three years of the victim’s death.

Who Is at Fault in a Maryland Left-Turn Motorcycle Accident?

August 18, 2021 | Lebowitz & Mzhen

After a Maryland accident, more than one party or cause may be responsible for the accident. While determining responsibility and apportioning fault is essential in any state, it is a determinative factor in Maryland. It is especially critical in Maryland because if a plaintiff is found to be responsible at all for the accident, they will not be able to recover at all for their losses. In addition to aiding oncoming drivers, an attorney can assist left-hand turner drivers in establishing that the other driver was at fault. As such, accident victims and their loved ones should make sure that they contact an attorney to develop and present a strong case.

Left-hand turn accidents usually occur when one driver making a left comes into contact with a driver proceeding straight. Even though left-hand turn accidents usually stem from the negligence of the left-hand driver, in some cases, the other driver may be liable. This often occurs if the oncoming driver ran a red light or broke another traffic law. However, the first step in any liability inquiry is whether the left-hand turner followed Maryland’s traffic rules. The rule is straightforward: motorists making a left-hand turn only have the right of way when they have a green arrow at an intersection. Absent an arrow; the left-hand turner must always yield to traffic.

Why Are Left Turns So Dangerous for Motorcycles?

Left-hand turns are dangerous maneuvers because they require the turning driver to pay attention to several areas at once. The driver must be aware of oncoming traffic and pedestrians coming from multiple directions. Most of these accidents occur because of sudden stops, a driver’s inability to gauge speed, blind turns, and busy intersections. Further, heavy traffic, pedestrians, nighttime driving, and geographic considerations may impact the likelihood of an accident. The impact can have catastrophic consequences on anyone in the vicinity of the accident.

Understanding Maryland’s Right-of-Way Laws

August 11, 2021 | Lebowitz & Mzhen

Although most people do their best to follow traffic rules, every driver has had to yield their right-of-way to prevent an accident from taking place. Sometimes, however, drivers fail to yield their right-of-way entirely, which could cause devastating consequences for all parties involved. In Maryland and across the United States generally, failure-to-yield car collisions remain common—and can often become tricky cases to pursue because both parties will argue that they had the right-of-way.

According to a recent news report, a motorcyclist was hit by a car driven by a motorist who failed to yield the right of way at a stop sign. Local authorities say that the car driver was attempting to make a turn when she failed to yield the right of way to the motorcyclist. The motorcyclist was pronounced dead at the scene, and the car driver’s passenger was transported to a local hospital for treatment of minor injuries. State police say that the circumstances surrounding the crash remain under investigation.

Who Needs to Yield the Right of Way in Maryland?

In Maryland, the state Motor Vehicle Administration has explicit rules on when drivers should yield the right-of-way and how to share the road with other motorists and pedestrians. According to the Maryland Driver’s Manual provided by the state agency, no driver should automatically assume that they have the right-of-way, and drivers are responsible for controlling their own vehicles to avoid crashes whenever possible in different roadway layouts and contexts.

Maryland Wrongful Death Claims After Motorcycle Crashes Involving Drunk Drivers

July 31, 2021 | Lebowitz & Mzhen

In the devastating event of the loss of a loved one in a drunk driving crash, the aftermath can be overwhelming. Figuring out funerals, bills, insurance policies, the loss of wages, and more while dealing with grief is a lot for anyone to handle. Filing a Maryland wrongful death claim against a drunk driver or another person responsible for the loss of a loved one may be one way to ease the financial burden and hold those at fault responsible for the crash.

Wrongful death claims may be filed in Maryland generally by a spouse, parent, or child of the deceased, who are considered primary plaintiffs under Maryland’s wrongful death statute. A secondary plaintiff—another family member who was substantially dependent on the victim—generally may file a wrongful death claim if no primary plaintiff exists. Only one wrongful death lawsuit can be filed arising from one victim’s death.

What Do Grieving Families Need to Know About Maryland Wrongful Death Cases?

Wrongful death lawsuits allow family members who suffered a loss to recover compensation for their losses. It also acts as a way to hold responsible parties liable for a loved one’s death. In general, a Maryland wrongful death claim must be filed within three years of the death of the deceased. Plaintiffs may be able to recover compensation for their own pain and suffering, loss of companionship, loss of care, lost income, and other damages.

Multi-Vehicle Maryland Motorcycle Accident Cases

July 25, 2021 | Lebowitz & Mzhen

Even when an accident case seems straightforward, determining liability and apportioning fault after a Maryland car accident can be challenging. This is especially true because Maryland follows strict contributory negligence laws that bar recovery if the plaintiff is at all responsible for the accident. As such, parties will go to great lengths to dispute liability and challenge claims. Although police reports and eyewitnesses may provide insight into what occurred, these cases typically require an in-depth investigation.

A critical part of any accident investigation is recreating the scene to determine the facts leading up to the collision. The inherent nature of motorcycles and motorcycle accidents makes this first step exceedingly challenging. Motorcycles tend to end up in dramatically different positions than from where they started. When this occurs, authorities, insurance companies, and fact-finders may need to engage in lengthy investigations to determine fault. Moreover, because of the state’s laws, it is more likely that at-fault parties will refute claims and assert contributory negligence theories- with the understanding that the plaintiff will not be able to recover at all.

Motorcyclists traveling in a group often further complicate things, as the accidents tend to be more severe. For instance, a recent news report described a multi-motorcycle chain reaction accident. According to reports, the bikers were riding eastbound when they approached a traffic light. The motorcyclist leading the group slowed his bike; however, the biker behind him could not stop, and a chain-reaction collision ensued. That biker was not wearing a helmet and was life-flighted to a medical center to receive treatment for his serious injuries. Three of the other bikers involved in the accident also suffered injuries.

Maryland Motorcyclist Killed in Apparent Drunk Driving Crash

July 16, 2021 | Lebowitz & Mzhen

One person was recently killed in a Maryland motorcycle crash involving a suspected drunk driver, according to one news source. The crash occurred shortly before 5:30 a.m. on southbound I-95 in Elkridge in Howard County, Maryland. According to law enforcement, the motorcycle was reportedly traveling southbound on I-95 when it was rear-ended by a car. The driver of the car continued traveling and crashed into a second vehicle. The motorcyclist was pronounced dead at the scene. The driver of the car was taken into custody and charges are pending the outcome of the investigation.

Filing a Claim After a DUI Crash in Maryland

Drunk driving remains an issue in Maryland, despite efforts to reduce drunk driving crashes. According to the most recent statistics, thirty-one percent of all driving fatalities in Maryland involved alcohol. Drunk drivers are subject to criminal penalties and license sanctions. First-time offenders in Maryland face a fine of up to $1,000, up to one year behind bars, license revocation for up to six months, and 12 points on their license. Repeat offenders (those who have received a DUI within a 5-year period) face a fine of up to $3,000, three years behind bars, a license suspension of one year and a mandatory ignition interlock device after the suspension is lifted.

If an individual has been injured in Maryland drunk driving crash, they may be able to file a claim against the driver and others who may bear responsibility for the crash.

Maryland Left-Turn Motorcycle Accidents: Who Is at Fault?

July 10, 2021 | Lebowitz & Mzhen

If you’ve spent much time on a motorcycle, you know that one of the most dangerous traffic situations for riders involves left-hand turns. While there is no data indicating the number of Maryland motorcycle accidents that involve left turns, the number is significant. While riders injured in a motorcycle collision are entitled to bring a personal injury claim for damages after an accident, there are often complicated issues presented by left-turn motorcycle accidents.

Why Are Left-Hand Turns So Dangerous?

Left-hand turns are dangerous for all drivers, but especially motorcyclists. Not only that, but these turns present a hazard both when a motorcycle is making the left turn as well as when they are traveling straight through an intersection approaching another vehicle that is making a left.

When a motorist makes a left turn at an intersection, they must yield the right-of-way to the oncoming vehicle. This much is common knowledge. However, both riders and drivers of cars and trucks tend to get confused once the light turns yellow. For the motorist in the intersection waiting to make a left turn, there is certainly a sense of urgency to complete the turn and get out of the intersection. However, until the light turns red, the left-turning motorist must continue to yield to any vehicles traveling straight.

Motorcycle Accident Kills Two After Collision with a Deer

July 1, 2021 | Lebowitz & Mzhen

Collisions with animals are common in Maryland and can be dangerous for everyone on the road. Motorcyclists and their passengers are especially at risk of injury or death in the event of a collision with a large or small animal that causes the bike to go out of control. A recent motorcycle-animal collision involving a deer led to the tragic deaths of a rider and his passenger.

According to a local news article discussing the accident, the motorcycle rider was traveling on a roadway in a sparsely populated area at night when a deer ran out into the road in front of the motorcycle. The rider was unable to avoid colliding with the deer and he and a passenger were thrown off the bike after the motorcycle struck the animal and cut it in half. When authorities arrived on the scene, both the rider and his passenger were pronounced dead. The article does not state whether the two deceased people were wearing helmets at the time of the crash.

In the event of a Maryland motorcycle accident, a collision with an animal is not covered by insurance in the same way as collisions involving other vehicles. The property damage to a bike from an animal collision would not be covered by standard collision coverage, and a motorcycle owner would need to obtain comprehensive coverage, which covers damage to a vehicle caused by something other than a collision with another vehicle (this could also include damage caused by vandalism, theft, or a flood, for example). Injuries or deaths that occur as a result of a motorcycle colliding with an animal will be covered under a liability policy for bodily injury, in a similar manner to other types of collisions.

Driver Who Caused Fatal Bicycle Accident Sentenced to 40 Years in Prison

June 24, 2021 | Lebowitz & Mzhen

Earlier this month, the criminal case associated with a December 2020 fatal bicycle accident we wrote about on this blog came to a close when the defendant was sentenced to 40 years in prison. While the crash and case did not occur in Maryland, the experiences of the loved one and the subsequent legal consequences for the defendant are applicable to the Maryland bicycle crashes that happen almost every day.

According to the New York Times, the original accident occurred on the morning of December 10 when the 45-year-old man driving a truck under the influence of methamphetamine crashed into a group of cyclists. The cyclists were part of a larger group taking part in an annual 130-mile ride. Five of them died on the highway as a result of the crash, and several others were injured. The deceased were identified as a 39-year-old woman and four men, aged 41, 48, 57, and 57. The driver was initially charged with five counts of driving under the influence resulting in death, and other assorted charges, which could have resulted in a sentence of more than 100 years in prison. But the defendant reached a deal with prosecutors and pled guilty to two counts of driving under the influence resulting in death instead.

The New York Times reported on the significant pain and grief the relatives of the victims experienced as a result of losing their loved ones. For example, one widow told the judge in the case that she still kept her husband’s ashes in an urn on a dresser next to her bed and his toothbrush and razor on the bathroom sink, unable to handle the pain of removing any of it. Other relatives are similarly dealing with the grief, and surviving cyclists are having to work through the trauma of the experience—and seeing their friends killed—in addition to recovering physically from their injuries. Because of the sheer amount of pain this accident caused, many individuals may wonder if the criminal sentence actually does anything to help the families recover from this devastating loss.

Maryland Motorcycle Helmet Laws and Liability

June 17, 2021 | Lebowitz & Mzhen

From early childhood, people learn the importance of wearing helmets when riding a bicycle or motorcycle. While the risks of riding a motorcycle without a helmet are widely recognized, many people continue to ride motorcycles without an appropriate helmet. Although helmets cannot prevent a Maryland motorcycle accident, they can reduce the likelihood of serious injuries and death.

There are many reasons some motorcyclists choose not to wear protective gear, and the reasons may include vanity, overconfidence, and discomfort. A significant number of motorcycle accidents occur on shorter trips, thus making it even more critical that riders wear helmets on every trip. Wearing protective gear can significantly reduce the likelihood of severe and long-lasting injuries and death.

In addition to the health and safety benefit, motorcyclists should wear helmets to ensure that they do not receive a citation for violating Maryland’s helmet laws. Section 21-1306 of the Transportation Article of the Maryland Code (Code) gives the Maryland Department of Transportation Motor Vehicle Administration (MVACS) the authority to create helmet safety standards. Under the Code, motorcycle helmets must have a chin or neck strap that fastens when the motorcycle is moving MVACS has additional standards that motorcyclists must comply with. Moreover, the United States Department of Transportation advises that motorcycle helmets fit tightly and have a safety certification. While motorcyclists who violate these standards may receive a citation and fine, evidence of helmet use cannot be used as evidence of contributory negligence, which means that a motorcyclist’s helmet use will not impact their likelihood of recovery in a personal injury lawsuit.