Motorcycle Accident Cases in Maryland
A lot of times a motorcycle accident can be a lot more catastrophic than simple car accidents because the motorcycle is exposed and vulnerable. Once their vehicle is hit or struck with any degree of force, they have the potential to go either flying from their motorcycle or trapped underneath a car and that could lead to much more serious injuries than when someone is in the safety of their car when they are hit by another car. If someone is involved in a motorcycle accident, they should seek the help of a motorcycle attorney who can help build their case.
Motorcycle Laws
One of the key factors of motorcycle cases in Maryland is the helmet law. The laws are set forth in the Maryland code that a driver of a motorcycle must wear a helmet. One of the key debates is whether or not someone is wearing a helmet at the time of their accident. Other than that the motorcyclist will have to comply with the same rules of the road that the other vehicles have to abide by. Motorcycle riders are required to wear protective headgear.
Motorcyclists are held to the same standards as all others operating motor vehicles in the State of Maryland. The police enforce the rules and regulations of the State of Maryland. In such injury case, the fact finder, meaning judge or jury, will ultimately find who is at fault and/or who complied with the rules of the road.
Types of Accidents
Generally, a collision occurs because one driver did not see the other driver. In motorcycle accidents, motorcycles have a different physical structure than a motor vehicle. Accordingly, they could be missed by some, oftentimes by a driver’s slow vehicle.
All of the accidents involving motorcycles have the potential to result in severe or catastrophic injuries to motorcycle riders due to their increased vulnerability to accidents. The following are a list of examples that include but are not limited to:
- Drivers being thrown from their motorcycle being trapped underneath cars
- Drivers being pinned underneath their motorcycles
- Forms of road rash where a person’s skin will rub up against the asphalt on the street or the road
Common Causes of Accidents
The causes of motorcycle accidents are the same as the causes of a motor vehicle accident. For the most part, it is:
- Speeding
- Inattentive or distracted driving
- Failure to yield
- Failure to obey traffic signs and traffic lights
They are pretty much the same factors that cause an accident between two vehicles or two cars. Even a slight fender bender, which may not cause serious injuries to a person operating a car, or a passenger in a car, could result in dire consequences for someone riding on a motorcycle.
Negligence
Maryland follows contributory negligence. Contributory negligence is a legal defense, meaning the person at-fault can overcome liability whereby the person is allowed to present evidence that the plaintiff or injured person has caused or contributed to their injury.
Anyone who is found to be in violation of the laws governing Maryland motorcycle riding can have a negative impact on a potential personal injury case due to someone’s potential negligence.
Comparative negligence, which is utilized in the majority of states, allows fact-finders to determine each party’s percentage of liability and distribute damages accordingly.
Claims
Motorcycle accident claims can be handled a little differently because of the catastrophic nature of the injuries that could be had in a motorcycle accident.
Due to the potential severity of their injuries, the treatment motorcycle riders receive, and their medical expenses for that treatment could be higher than a typical car accident. The insurance coverage is important to anyone operating a motor vehicle, spelled out in the terms and conditions of the insurance contract. Anyone who attains insurance should familiarize themselves of the terms and conditions of the insurance contract to be knowledgeable about what benefits, if any, are available to the injured person.
Contacting an Attorney
A personal injury attorney will be able to evaluate the facts and circumstances of each individual law, the nature and extent of injuries, and advise their client as to the best method of recovery which is in the injured person’s best interest.
Anyone involved in a motorcycle accident in Maryland where a person has been injured through the negligence of another should contact an attorney as soon as possible.