Maryland Motorcycle Accident Lawyers

Dangers of Motorcycle Accidents

When a 4,000-pound vehicle hits an exposed motorcyclist, it’s not surprising that the motorcyclist can suffer numerous traumatic injuries to various parts of their bodies. The injuries can only multiply and get worse if the crash throws the motorcyclist from their bike. Then, they experience the impact of the vehicle as well as the impact with the ground. Sometimes, a motorcycle will hit a fixed object, such as a light post, and the motorcyclist can collide directly with that object.

Overall, motorcyclists can suffer catastrophic injuries in accidents. Some injuries that can often be fatal include:

• Spinal cord injuries
• Traumatic brain injury
• Internal organ damage
• Internal hemorrhaging
• Burns

If you or a loved one suffered life-altering injuries in a motorcycle accident, you deserve to have your medical bills and other expenses compensated. Contact Alpert Schreyer Injury Accident Lawyers today to get started on your case with a free consultation.

Determining Who is Responsible for Your Injuries

The first step to pursuing the financial recovery you deserve after a motorcycle crash is to determine the cause of the accident. Below are some of the most common causes of motorcycle accidents:

Driver Negligence

Two-thirds of all motorcycle crashes happen when another driver violates the motorcycle operator’s right of way. It only takes a moment for the driver of a car, truck, or another vehicle to make a bad choice and change the life of a motorcyclist. Motorcycles are simply smaller visual objects. So other drivers on the road must make an effort to consciously look out for them. Distracted and negligent drivers must be held accountable for their actions. Did the other driver fail to look for a motorcycle? Was the car driver on the cell phone or driving under the influence of alcohol?

Design or Manufacturing Flaws

Let’s face it, part of the allure of motorcycles is the freedom and the thrill that comes with it. Sadly, the freedom and rush that comes from riding doesn’t come with crashworthiness. Motorcycles have no roof, no airbag, no safety belt, and no steel cage to protect the operator and/or any passengers. This lack of protection puts more importance on the experience of the rider and the quality of manufacturing of the bike.

When determining liability for a traffic collision, a Maryland motorcycle accident lawyer will take many factors into account. When only the motorcycle rider is involved in the crash, the makeup and manufacturing of the bike may be considered in determining liability. Are there design flaws or manufacturing defects in the motorcycle that caused or contributed to the crash? Some vehicle models have inherent flaws. Others may be in the midst of a recall. If a defective motorcycle causes a crash, the manufacturer could be held liable.

Road Conditions

Just as motorcyclists are more likely to be impacted by the weather, they are also more affected by road conditions. The government agency in charge of maintaining the roads has an obligation to make the streets safe for all motorists. When poor road conditions such as potholes or uneven pavement lead to a motorcycle collision, the governmental agency responsible for maintaining the roadway could be held liable as well.

Recovering Compensation After a Motorcycle Accident

Whether you are dealing with your own insurance company or the other driver’s, it’s important to keep in mind that every insurance company is doing the same thing—trying to minimize the amount they pay out. For this reason, it’s important to retain an attorney to represent you in settlement negotiations, even if the insurance company has indicated its willingness to settle your case out of court. You lawyer will thoroughly investigate your claim and make sure that all of your losses are documented and that any settlement you accept is adequate.

Some of the kinds of losses that should be addressed in your motorcycle accident settlement include the following:

• Medical expenses
• Lost income
• Loss of quality of life
• Physical and emotional pain and suffering
• Property damage

There may be additional damages available in your case. The best way to make sure that you obtain the compensation you deserve after a motorcycle accident is to see your physician, comply with all treatment recommendations, and retain an attorney as soon as you can.

Wrongful Death Claims for Fatal Motorcycle Accidents

Every state has its own particular laws regarding wrongful death claims. Maryland law allows a wrongful death claim after a fatality that occurred due to the negligence or wrongdoing of another party.

There are two separate actions that family members may file after a fatal motorcycle crash, including:

• Wrongful death claim – Brought to seek compensation for the losses of loved ones, including lost future financial support, lost companionship, lost support, and more. Maryland does cap non-economic losses, such as pain and suffering, at $2 million for wrongful death claims.
• Survival action – This is brought on behalf of the deceased motorcyclist’s estate to seek compensation for harm to the motorcyclist, including medical expenses after the accident, pain and suffering they experienced, and funeral and burial expenses.

Generally speaking, primary beneficiaries such as spouses, children, and parents may file a wrongful death claim, a survival action, or both. If no primary beneficiaries are available or willing to file, secondary beneficiaries such as siblings or cousins may be able to do so. The damages from a survival action will go to the estate and distributed in line with the deceased person’s will or Maryland intestate laws.

Experienced Representation for Your Motorcycle Accident Injury

If you have been in a motorcycle crash, you may need a motorcycle collision attorney to help you receive compensation for the injuries and damages you suffered as a result of the accident. The first job for your lawyer will be to establish who is liable for your crash. The fault may fall on the other driver, the government agency responsible for the road conditions, or even the manufacturer of your motorcycle.

If another driver caused the crash, your Maryland motorcycle accident attorney will have to establish that the other driver did not uphold a duty of care and, therefore, caused the accident. Was the other driver drinking, distracted, or negligent? An attorney can help negotiate settlements with insurance companies or represent you in court to help you recover fair compensation for your injuries, damages, and losses.