Maryland Bike Accident Trial Preparation
In order to best prepare for a Maryland bike accident trial, the first step is to make sure that all of the evidence has been obtained that is favorable to the plaintiff’s case, which is an ongoing process. From the beginning of the case, the attorney wants to get everything available, but if the case goes forward and proceeds to discovery, there might be some additional documents that surface and that the attorney needs to get, such as additional medical records or bills.
In terms of building the strongest case possible, there are certain things the Maryland bike accident attorney must have, including the police report (if one exists), all of the medical bills, all of the medical records, and all lost wage documentation from the client’s employer and health care provider.
The attorney should also have copies of any witness statements or statements taken by police officers of witnesses who were present at the scene of the accident. It is important to know every witness’ version of the story so that there is a full picture of what happened. This helps the attorney to get a sense of what the case is actually worth in terms of damages.
When to Consult an Attorney
It is important for someone to contact a bike accident attorney as soon as they are able. However, in any type of injury case, the potential client needs to focus on getting treated as soon as possible after sustaining the injuries and getting better. If the client does not do that, they are going to run into an insurance adjuster or a defense attorney who is going to be arguing the injuring is not bad since they waited for representation.
That is what an adjuster or defense attorney is going to argue. So, the most important thing is first and foremost getting treated for injuries. The moral of the story is when in doubt, seek treatment – sometimes, the serious onset of pain in these types of injuries does not come until later.
If a person does not know how bad their injuries are or how long will they last, the attorney can still review the medical information and documentation as it comes in and advise their potential client accordingly.
Bike Accidents vs. Car Accidents
The aspects of bike accidents that are different from car accidents are the traffic laws and rules bike riders need to follow in Maryland. There are bike lanes where bikers are required to travel. There are also various hand signals that they are supposed to use if they are slowing down or if they are preparing to make a right or left-hand turn. The bike lane is usually a fairly narrow lane on the right side of the road where the bikers are supposed to travel in Maryland.
Cyclists are to follow the same traffic rules as motor vehicle traffic, including stop signs, traffic lights, railroad crossings, etc. Cyclists in Maryland are also required to wear helmets when operating their bicycles on roadways and may not ordinarily ride their bicycles on sidewalks, in accordance with local ordinances.
These are rules that cyclists are supposed to follow and if they deviate from those rules or if they are someplace where they are not supposed to be—for instance, if there is a bike lane and they are somewhere else and a driver hits them—a defendant could argue contributory negligence. An assumption of risk could also be a defense.
Negligence
Bikers should always be aware of and make sure to follow the rules of the road, such as staying in a bike lane if there is one, wearing a helmet, and not becoming distracted. Unfortunately, Maryland has an unforgiving law called contributory negligence, and if someone somehow contributed to their accident even in the slightest bit, they are not entitled to any recovery in Maryland. A Maryland bike accident lawyer will be able to help you get the compensation you deserve by preparing your trail early on in your recovery.
