Maryland Bike Accident Dynamics

Anyone involved in a collision while operating a bicycle has the potential to be seriously injured. These injuries can range from minor wounds to very serious internal injuries and even death.

These accidents occur for any number of reasons. Commonly, bicyclists are struck due to the fact that they are not seen by the operators of a motor vehicle. This can occur in any number of ways, primarily in traffic, pulling out of an intersection or pulling away from a stop along a street.

If you have been seriously injured in a bicycle accident and are looking to better understand the dynamics of your situation, it is important to consult with an experienced attorney immediately. A knowledgeable bike accident lawyer will be able to help you file a claim to recover any potential damages.

Contributory Negligence

Maryland is a contributory negligence jurisdiction. Contributory negligence is a legal defense that is afforded to the defendant in a case. This means that even if the defendant is negligent, they are still able to allege that the plaintiff was also negligent and/or assumed the risk of their injury.

In Maryland, if a plaintiff, meaning the injured person, is found to be contributorily negligent, they are barred from recovery and cannot be compensated for their injury. This is a particular dynamic of a Maryland bicycle accident that is crucial for individual’s to understand when building a claim.

Negligence Considerations

Bicyclists are treated in exactly the same way as other vehicles that utilize the roadway in Maryland. Therefore, if the operator of a bicycle violates the rules of the road, such as failing to stop at a stop sign or to observe a red light, and is involved in a collision, the bicyclist who violated the law can be introduced as a form of negligence, which would establish a defense to contributory negligence which would prohibit the bicyclist from recovering. This is true regardless of the nature and extent of the injuries or even in death.

Helmet Laws

Anyone operating a bicycle in Maryland should be familiar with the rules, laws, and regulations regarding the operation of a bicycle in the county in which they reside or the bicycle will be operated. Cyclists in Maryland under the age of 16 are required to wear a helmet when operating a bicycle.

In Maryland, an adult is allowed to not wear a helmet while operating a bicycle. There are no legal ramifications for an adult failing to utilize the helmet while operating a bicycle. However, helmets are designed to provide a layer of safety to the operators of bicycles. A helmet should be utilized at all times when feasible, especially by minors, to afford the operation of a bicycle a certain level of safety. Not wearing a helmet can lead to greater injuries sustained by anyone struck while operating a bicycle.

Riding Standards

As vehicles, bicycles fall within their own classification of vehicle in the state of Maryland. However, they are held to the same standards, and follow the same accident dynamics, as any other vehicle utilizing the road in Maryland. The rules of the road can be enforced by police when appropriate.

Likewise, if a bicyclist is involved in civil lawsuits, the alleged at-fault party can bring forward the defense of contributory negligence and the finder of fact, whether it is a judge or a jury, can find as a matter of law that the injured person was contributorily negligent for violating the rules of the road.

Benefit of an Attorney

A skilled bike accident attorney will be able to evaluate the facts and circumstances of the collision and advise the injured person as to any potential issues or defenses that may be raised throughout the course of the claim.

In Maryland, it is important to be aware of these issues as they may serve as a complete bar for recovery. A Maryland attorney will be able to present the dynamics of an individual’s bicycle accident case as they are, and build an appropriate case to help obtain a successful result on their client’s behalf.