Maryland Motorcycle Accident Lawyer Explains . . .

6 Keys to Maryland Motorcycle Accident Law and what a Maryland motorcycle accident lawyer can do for you.

Unfortunately, more people are looking for a Maryland motorcycle accident lawyer because motorcycle accidents and injuries are increasing.

Motorcyclists love the freedom and exhilaration of riding their bikes. But those pleasures come with risks. Because other drivers often fail to see motorcycles and because motorcycles have no real barriers to protect the rider from those other vehicles and from the road itself, bikers are vulnerable to serious injuries and death if accidents occur.

There has been a substantial increase in the number of new on-road motorcycles sold in recent years. In 1997, 247,000 motor cycles were sold, but by 2003, sales had increased to 648,000.

During the same time, there was a 70% increase in the number of motorcycle traffic fatalities, from 2,116 to 3,592 per year. Injuries also increased dramatically.

Overall, since 1966, more than 100,000 people have been killed in motorcycle accidents and many more have been injured.

Here are some more facts about motorcycle accidents and how a Maryland motorcycle accident lawyer can help you . . .

** 3/4 of motorcycle accidents involve collisions with another vehicle, usually a passenger automobile. A Maryland motorcycle accident lawyer can determine whether you have a legitimate claim under Maryland motorcycle accident law.

** 1/4 of motorcycle accidents are single vehicle accidents, with the motorcycle colliding with the roadway or some fixed object.

** Mechanical failure accounts for less than 3% of motorcycle accidents, and most of these are single vehicle accidents, usually due to a puncture flat. A Maryland motorcycle accident lawyer can determine whether there have been any recalls of your bike or parts of it and whether you have a claim against a manufacturer or distributor of the bike or the bike part.

** Rider error is the cause of 2/3 of single vehicle accidents, usually involving a slideout and a fall. Even though you may not have a claim against anyone in this situation, it is better to be safe than sorry. If you have been seriously injured, I recommend that you consult with a Maryland motorcycle accident lawyer before you abandon the possibility of making a claim.

** Roadway defects cause 2% of motorcycle accidents. A Maryland motorcycle accident attorney can determine whether this type of defect supports a claim against the jurisdiction responsible for maintaining the roadway.

** Animals are involved in 1% of motorcycle accidents. Here, also, Maryland motorcycle accident lawyers can determine whether you have a lawful claim against the owner of the animal.

** 2/3 of multiple vehicle accidents are caused when another vehicle violates the motorcycle’s right-of-way. Maryland motorcycle accident lawyers know the right-of-way rules.

** The majority of motorcycle accidents are caused by the drivers of other vehicles failing to see the motorcycle.

** The most common type of motorcycle accident involves a motorcycle proceeding straight and a motor vehicle turning left in front of the oncoming motorcycle. A Maryland motorcycle accident lawyer can detemine whether the other driver is responsible for causing your accident.

** Motorcycle accidents are most likely to occur at intersections.

** Weather is a factor in only 2% of motorcycle accidents.

** In more than 60% of motorcycle accidents, there were fuel system leaks and spills after the accident, resulting in a fire hazard.

** The average speed of motorcycles involved in accidents is less than 30 mph. Surprised?

** The typical motorcycle accident allows the motorcyclist just less than 2 seconds to complete all collision avoidance action.

** Larger displacement motorcycles are less likely to be involved in accidents but more likely to result in severe injuries when they are in accidents.

** 98% of multiple vehicle collision motorcycle accidents result in injuries. Wow! If you have been injured, you should consult an experienced Maryland motorcycle accident lawyer with a record of past successes.

** 96% of single vehicle accidents result in some kind of injury.

** 45% of motorcycle accidents result in more than a minor injury. Wow again! Obviously, the more seriously you are injured, the more important it is to learn about Maryland law from a Maryland motorcycle accident lawyer. You should move as quickly to protect your rights as the Bad Guys will move to try to minimize or defeat your claim.

** As common sense suggests, injury severity increases with speed, alcohol involvement and motorcycle size.

** the most deadly injuries to motorcycle accident victims are to the chest and head.

These statistics come from the Hurt Study, a study conducted over 20 years ago by the University of Southern California with funds from the National Highway Traffic Safety Administration.

In view of the increasing number of motorcycle accidents, here are some things that this Maryland motorcycle accident lawyer thinks you must know about Maryland motorcycle accident law . . .

What does "liability" mean? It means "Who caused the accident?"

Maryland has a fault system of law in accident cases. To have a good claim, you have to be able to prove that the other driver's fault caused the accident.

Technically, the correct term for this type of claim is "negligence" which basically means carelessness. Therefore, you have to be able to show that the other driver caused your accident by acting carelessly such as by driving too fast, not paying attention, making an unlawful turn, following too closely, failing to see your motorcycle, running through a red light or a stop sign or the like.

As you statistics prove, the most common cause of motorcycle collisions is the failure of other drivers to see the motorcycle. Normally, this failure constitutes negligence and makes that driver responsible for the collision and all of the consequences of it.

Maryland motorcycle accident lawyers know how to investigate motorcycle accidents to develop the evidence that proves liability.

Unfortunately, Maryland is one of only 4 states to have a very harsh rule called "contributory negligence." If it exists, contributory negligence defeats your claim.

This means that if you contributed in any way to causing your motorcycle accident, you have no claim. In theory, if you are only 1% responsible for causing an accident and the other driver is 99% at fault, under Maryland law you are not entitled to any recovery from the other driver!

Incidentally, the alternative to contributory negligence that exists in most states is called "comparative negligence," a much better and more fair rule. You might want to contact your state legislators and encourage them to adopt it. Under comparative negligence, which varies slightly among the states that have this rule, the fault of the two drivers is compared and the one who is more at fault pays while the one who is less at fault has his or her claim reduced by the percentage of their fault. For example, if Jones is 90% responsible for causing an accident and Smith is 10% at fault, Smith can recover from Jones for her injuries, but Smith can only recover 90% of full compensation. She loses 10% of her recovery because she was 10% responsible for causing the auto accident.

So, in Maryland, if you can prove that the other driver caused your accident and that you did nothing to contribute to causing the accident, there is 'liability' and you are entitled to recover damages.

Since many people have biases against motorcycles and motor cycle riders, expect that the defense will try to appeal to those biases by claiming that you did something that contributed to causing your accident.

Maryland motorcycle accident lawyers know the likely claims of contributory negligence that the defense will make. That is one reason why you should consult with a Maryland motorcycle accident lawyer as soon as possible after you are injured. If you snooze, you may lose. The defense begins defending your claim immediately. You should have a knowledgeable and experienced Maryland motorcycle accident lawyer on your side to protect you against the efforts of the Bad Guys to defeat or minimize your claim.

Incidentally, in case you are wondering, failure to wear a helmet is not contributory negligence under Maryland law. Just one invaluable detail like this that your Maryland motorcycle accident lawyer knows can make the difference between winning your claim and losing it.

In a motorcycle accident case, what are "damages?"

Damages is the term that refers to the consequences of the other driver's carelessness. In other words, "What harm did the carelessness cause?"

There are two main categories of damages, property damage and personal injuries.

Property damage, or "P.D." as it is sometimes called, refers to the damage to your property, your motorcycle. The at-fault driver must pay to have your bike repaired. The concept underlying the law is that the careless driver has to give you back what s/he took from you in this context, an undamaged motorcycle.

If it would cost more to repair your bike than the vehicle is worth, your bike is a "total loss." In other words, if you have a motorcycle that was worth $5,000 before it was damaged, and it would cost $10,000 to repair it, your bike is totaled. In that case, the careless driver has to pay you what your bike was worth before the careless driver destroyed it. In my example, that is $5,000. The underlying theory here is that the $5,000 you are given will make it possible for you to get another motorcycle just like the one that was destroyed. Unfortunately, that is almost never a realistic possibility.

A Maryland motorcycle accident lawyer can make sure that you receive all of the P.D. compensation that Maryland motorcycle accident law allows.

"Damages" also include injury claims. Some insurance companies call these personal injury claims, or "P.I." claims. Others call them bodily injury, or "B.I.," claims. By whatever name, this is your claim to be compensated for the injuries that the other driver's carelessness caused.

P.I. (or B.I.) damages include economic losses and noneconomic losses.

The economic losses that you can recover include . . .

** reimbursement for all of your medical bills for treating injuries that result from the accident,

** reimbursement for any loss of employment income and

** any other economic losses that result from the accident.

If the law merely required the careless driver to pay for your financial losses, you would not be fully and fairly compensated.

The economic losses are not what you will remember years later about this experience. What you will remember more is the pain of your injuries, the mental uncertainty, the sleepless nights (or whatever your symptoms were) and the disruption to your life that the careless driver caused.

Because you did nothing to cause these losses, fundamental fairness – and Maryland law – require the one who caused your injuries to compensate you in money damages for such noneconomic losses as . . .

** physical pain,

** mental anguish,

** disfigurement,

** inconvenience,

** physical impairment,

** damage to your marital relationship.

One of the most important things that a Maryland motorcycle accident lawyer can do for you is develop the evidence that will be needed to prove all of your damages. This can be tricky, especially if you are badly injured and will have significant future consequences of your injuries. Having a Maryland motorcycle accident lawyer on your side can be invaluable.

How much compensation you are entitled to receive for your injuries depends on the circumstances of your case. Obviously, that determination will depend on such things as how seriously you are injured, how long you suffer with your injuries and whether you recover fully from them.

What you want is a full and speedy recovery from your injuries. If that happens, you will still have a claim against the careless driver, but it will be for less than the claim that you will have if you do not recover quickly or completely.

Fair compensation for your injuries includes the full amount of the medical bills that were caused by your auto accident, the full amount of the income that you lost as a result of your auto accident and an additional amount for pain, suffering, inconvenience and the like.

The end result could be as little as about 1 1/2 times your out-of-pocket losses for your medical bills and loss of income to an amount 10 times your financial losses, or more, if your injuries are very severe and permanent.

If you have been seriously injured, it makes sense to have a Maryland motorcycle accident attorney on your side fighting to make sure that you receive all of the damages that the law allows. I assure you that the Bad Guys will have adjusters, investigators and defense lawyers working hard to make sure they give you as little as they can get away with.

PIP – which rhymes with “sip” and stands for “Personal Injury Protection” – is a type of auto insurance that Maryland drivers have unless they affirmatively waive it. It is a no fault coverage which pays medical bills and (85% of) lost income in the event of an accident. These are benefits that an injured person can receive in addition to her claim against the driver who caused the accident.

However, Maryland law allows insurance companies to exclude motorcycles from PIP insurance, and they do.

If you are injured in a motorcycle accident, you should consult a Maryland motorcycle accident lawyer about the different types of insurance coverage that exist and how they apply to your claim.

To learn more about Maryland Motorcycle Accident Law contact us.