It’s only a few days into the new year and there have already been a number of motorcycle accident deaths across the county. One such accident occurred earlier this week in Florida, killing the well-loved manager of the Venice Yacht Club. According to a report by the Herald Tribune, the motorcyclist was driving south on U.S. 41 when a Lincoln Town and Country pulled out in front of him. Left with little to no time to react, the motorcyclist collided with the driver’s side of the Lincoln.
Emergency medical responders took the man to a nearby hospital, where he died from the injuries he sustained from the crash. He was wearing a helmet. The man left behind his wife of 22 years, as well as three daughters and four grandchildren.
Negligence Cases in Maryland
Each state has slightly different laws when it comes to motorcycle accidents as well as determining who is liable for them. Generally speaking, the applicable law is called “negligence,” and allows for the victims of other negligent drivers to recover damages caused by the other driver’s negligence. In order to recover from another driver, a victim must prove:
- They were owed some duty of care by the defendant;
- The defendant violated that duty of care;
- The defendant’s violation of the duty caused the victim’s injuries; and
- The victim suffered some kind of compensable damages.
Causation in Maryland Courts
The third element above is called “causation.” To over simplify, it requires that the victim prove the defendant caused the victim’s injuries. However, it is sometimes a difficult task to determine who actually caused the accident. States take different approaches when it comes to causation:
- Contributory Negligence States: These states prevent a victim from recovering from a defendant if the defendant can prove that the victim was in any part responsible for the accident.
- Comparative Negligence States: These states allow recovery even when a victim is partially at fault for the accident. However, the amount of the recovery may be reduced according to the victim’s at-fault percentage.
Most states are comparative-negligence states. Maryland is unique in that it is a “contributory negligence” state. This means that, in Maryland, the law may bar recovery of a victim who is just 1% at fault.
Have You Been Injured in a Maryland Motorcycle Accident?
If you have recently been involved in a Maryland motorcycle accident that you believe was the fault of another driver, you may be entitled to monetary compensation. However, due to the negligence laws in the State of Maryland, it is critically important that you are not shown to be at fault, even in the slightest. Contacting an experienced Maryland motorcycle accident attorney is an important first step in deciding to move forward with a negligence lawsuit. This is because from the very beginning you must approach the case with the knowledge that, as a victim, you cannot be found to be at fault at all. Contact an experienced and knowledgeable attorney online to discuss the facts of your case, or call 410-654-3600.
More Blog Posts:
Adding Additional Defendants and the Relation Back Rule in Motorcycle Accident Personal Injury Lawsuits, Maryland Motorcycle Accident Lawyer Blog, published December 19, 2013.
The Importance of Testifying at Your Motorcycle Accident Trial, Maryland Motorcycle Accident Lawyer Blog, published December 5, 2013.