FAQs on Maryland Motorcycle Accidents
It is important to know what to do if and when a motorcycle accident occurs and to understand the legal options available to you if you are injured. Below we have provided answers to common Maryland motorcycle accident FAQs. If your question is not addressed or you need more information, do not hesitate to contact Price Benowitz LLP to discuss your concerns with one of our Maryland motorcycle accident attorneys.
What do I do if I’m involved in a motorcycle accident?
Check yourself for injuries. If you are injured, see if someone involved in the accident or a witness can call for help. If you are not injured, you should:
- Check to see if anyone else involved in the accident is injured
- Exchange information with any other drivers involved, including names, phone numbers, and insurance information
- Take pictures of the accident scene if you are able
- Do not leave the scene until police officers arrive
Leaving the scene of an accident is a crime under Maryland law. Police officers will ask you questions to include in their report. You will need to get a copy of that report for your own records.
What do I do if I’m injured?
If you suffered an injury that causes severe pain or you cannot move, wait until paramedics arrive on the scene. You will be transported to the nearest medical facility. If you feel that your injuries are not serious, you should still go to an urgent care facility and get checked out by a medical professional. Your medical records can be used to support your personal injury claim.
Who is responsible for my injuries if the accident was not my fault?
The driver of the vehicle that caused the crash is legally liable for your injuries.
If the other driver’s insurance company offered me a settlement, should I accept it?
You should not accept an insurance company’s settlement offer without first consulting with a personal injury attorney. In most cases, insurance companies will attempt to get you to accept an offer early on, before the full extent of your injuries is known. The offer usually does not adequately compensate you for loss of wages, medical expenses, and other accident-related expenses that you have to pay out of your own pocket.
Why should I talk to an attorney?
Personal injury attorneys are experienced in handling accidents of all types and can help you to hold the at-fault parties accountable for their negligent actions. An experienced personal injury lawyer can evaluate your case to determine whether you are able to recover damages from the party who caused the accident.
What if I can’t afford to hire an attorney?
Your initial consultation with a personal injury lawyer is free. If, and only if, your claim is successful, your lawyer will receive a percentage of any recovery.
The negligent party is claiming that I contributed to the accident. What do I do?
Maryland has a common law doctrine called “contributory negligence.” This means that individuals who are partly at fault for an accident cannot recover damages for their injuries. The law was upheld in July 2013 by the Maryland Appellate Court. In discussing the details of your accident, a personal injury attorney can help assess whether there was any contributory negligence on your part.
My loved one was involved in a fatal motorcycle accident. Can I receive compensation for my loss?
Maryland law says that if you are the spouse, parent, or child of the person who died, you may be entitled to damages for loss of companionship and emotional pain and suffering. You can file a wrongful death lawsuit to try to recover other damages available to you under law. Here is more information on fatal motorcycle accident claims.
Is it too late for me to file a lawsuit?
People often say something like:
“I didn’t have pain immediately after the accident, but now I am experiencing chronic pain and it’s difficult for me to continue working. I did not file an insurance claim or lawsuit after the accident.”
Nonetheless, Maryland’s statute of limitations is three years, which means you have three years from the date of the accident to file a claim in connection with your motorcycle accident.
I recently started riding a motorcycle. What can I do to prevent an accident?
While nothing is guaranteed, following the rules and regulations provided by Maryland’s Motor Vehicle Administration may help prevent an accident:
- Successfully complete a motorcycle safety course
- Successfully complete a driver’s education course
- Obtain motorcycle insurance that includes bodily injury, property damage, personal protection, and uninsured motorist coverage
- Wear a safety helmet when riding
- Wear eye protection
- Use the motorcycle headlamp during the day and night
- Do not travel at unsafe speeds
