The Ability of Family Members to Recover When a Maryland Motorcyclist Is Partially at Fault

In the tragic event of the loss of a loved one in a Maryland motorcycle accident, family members may be able to recover financial compensation by filing a wrongful death claim against those at fault for the crash. A wrongful death claim allows certain qualifying family members to file a claim to recover compensation based on the losses stemming from the victim’s death. However, the victim’s role in contributing to the accident may limit family members’ ability to recover compensation through a wrongful death claim.

Can Families File a Personal Injury Lawsuit After a Fatal Motorcycle Accident?

Yes, however, in a Maryland wrongful death case, if the victim is found to be at least partially at fault for causing their own death, the victim’s family cannot recover in a wrongful death claim. Maryland courts follow the doctrine of contributory negligence, which means that a plaintiff cannot recover if the plaintiff (or the decedent in a wrongful death claim) is found to be even partially at fault. For example, in a recent crash described below a motorcyclist died in a fatal motorcycle crash. In a case such as that one, a defendant might argue that the motorcyclist’s actions contributed to their death.

While most other states will still allow plaintiffs to recover at least some compensation if the plaintiff (or decedent) is found to be partially at fault, Maryland has not yet changed its law on contributing negligence despite calls for reform. However, a defendant will have the burden to prove that the victim was at fault because of the victim’s specific actions or failure to act. The defendant must provide some evidence of the plaintiff’s (or decedent’s) negligence. The standard for proving causation, like other elements of a negligence claim, is whether it is more likely than not to be the cause of the plaintiff’s injuries.

Motorcyclist Dies After Hits Deer, Then Hit by Another Car

A motorcycle accident on a recent Saturday night resulted in the death of a motorcyclist, according to one news source. Preliminary investigation of the crash revealed that a 2020 Harley-Davidson Street Glide motorcycle was traveling southbound on a highway when the motorcycle hit a deer in the road. The motorcyclist, a 50-year-old woman, was thrown from the motorcycle and hit by another vehicle traveling southbound. The driver of the second vehicle was not injured but the motorcyclist was pronounced dead at the scene. The motorcyclist reportedly was not wearing a helmet. Law enforcement is continuing to investigate the fatal crash.

Contact Experienced Maryland Personal Injury Lawyers

To prepare and try a successful Maryland motorcycle accident case, accident victims should retain an experienced Maryland injury attorney. The law firm of Lebowitz & Mzhen has the experience and the skills to competently and effectively handle a Maryland injury case. The law firm of Lebowitz & Mzhen has over 20 years of experience helping people in the Baltimore area and throughout Maryland seek the compensation they deserve. They have the tenacity and resources to pursue all of the parties responsible for causing your harm or loss. To schedule a free case evaluation, contact Lebowitz & Mzhen online via their contact form or call toll-free at 800-654-1949.


Contact Information