Maryland Motorcycle Accident Attorney
A motorcyclist is one of the most vulnerable drivers on the road. Unlike a car or truck driver, they have no steel frame surrounding them and no seatbelt to protect them. The result of many motorcycle accidents is that a motorcycle rider is severely injured. In this scenario, you’ll need to hire a Maryland motorcycle accident attorney.
In an accident where the other driver is negligent, an injured motorcyclist needs a lawyer to help protect their rights. Maryland motorcycle accident lawyers help you put the responsibility where it belongs and receive the compensation required to heal and move forward. You deserve the advocacy of the law firm Zirkin & Schmerling when an accident occurs.
Need Motorcycle Accident Help?
At Zirkin & Schmerling Law, our accident lawyers can ensure you understand your rights and regain peace of mind after a serious motorcycle accident. Whether you’re suffering from physical pain, lasting psychological damage, or financial distress, our motorcycle accident lawyers will help you secure the resources you need to recover.
Don’t fall victim to assumptions and bias against motorcyclists. Protect your rights. We’ll aggressively represent your motorcycle accident case and ensure you get every penny you deserve. Never settle for a quick settlement check from an insurance company, because it won’t even begin to compensate you fully for the injuries sustained.
We have secured high-dollar results for our clients. For example, when one of our clients was struck by a piece of flying aluminum that fell off a vehicle in front of him, we helped him get $1,850,000 for his injuries. This is exactly the kind of scenario that can happen to a motorcyclist on the road.
Motorcycle Crashes Can Be Catastrophic
Each year, about 70 to 80 people are killed in Maryland motorcycle crashes and about 1,200 are injured. Motorcycle injuries tend to be much more severe than automobile injuries due to the exposed bodies of the riders. Even a minor vehicle collision or fender bender can cause serious injuries, and virtually any injury deserves to be compensated.
Most motorcyclists we encounter make safety a priority by wearing protective gear from head to toe. The majority of Maryland motorcyclists who die in accidents were wearing motorcycle helmets at the time of the collision. For example, in one year with 74 fatal motorcycle crashes, 63 were wearing helmets and 11 were not.
The high rate of deaths and serious injuries, despite the use of safety gear, is largely because motorcyclists collide with other vehicles that far outweigh them. While the average motorcycle weighs about 700 pounds, passenger vehicles or SUVs weigh about 4,500 pounds and semi-trucks can weigh up to 80,000 pounds by federal law.
Many factors contribute to the causes of motorcycle accidents. According to the National Highway Traffic Safety Administration (NHTSA), about one-third of all fatal motorcycle accidents involve speed as a factor. Another 25% involve driving under the influence of drugs or alcohol and the rest include various causes, like sleepiness, distracted driving, and aggressive driving.
Road accidents can traumatize victims for decades afterward and can be even more upsetting if the accident was a hit-and-run. One government-funded study finds that vehicle accidents are the #1 most traumatic life event for U.S. men and the #2 most traumatic for women.
People often face disabling psychological conditions like post-traumatic stress disorder (PTSD), depression, and anxiety, on top of a lifetime of chronic physical ailments.
Types of Motorcycle Crash Cases We See In Maryland
Although motorcycle accidents occur with less frequency than passenger car and semi-truck accidents, they are more serious for the motorcyclist. There are 35 times more deaths from motorcycle accidents than passenger vehicle accidents.
Some collisions involve the motorcyclist only and some involve other vehicles. There may be a negligent act when another motorist is part of the accident. These situations can be complex to understand, but it’s important to put the responsibility for an accident where it belongs.
Common types of motorcycle accident cases we tend to see in Maryland include:
Head-On Collision
When two vehicles collide face to face, it’s called a head-on collision. Any head-on collision can be devastating for a motorcyclist. They may slide under the other vehicle, pop up over the hood and windshield, and sustain serious injuries as a result, particularly if the motorcyclists don’t wear helmets. Motorcycle head-on collisions commonly happen on country roads, where the driver of the other vehicle drifts into the lane of oncoming traffic.
Getting “Doored”
A “dooring” occurs when a motorist fails to see a motorcyclist and opens their door into them. In these situations, the motorcyclist usually either smacks into the door, as a result of the car driver’s error, or the door knocks into the motorcyclist and causes them to teeter and crash.
Left-Hand Turn Accidents
A motorcyclist’s relatively small size sometimes makes them less visible to other drivers. For this reason, they are more prone to left-turning car accidents where the other driver strikes them during a turn. The motorcyclist may be flung a long distance, sometimes into traffic. These are horrible accidents that are likely to end in serious injury or death, often leading to a wrongful death claim.
Traffic Jam Accidents
When traffic is at a standstill, drivers often become impatient and make unwise choices that can lead to accidents. Sometimes a driver not paying attention even plows right into stopped traffic, causing a cascade of damage. Traffic jam accidents are hazardous for motorcycle riders because they are so much smaller than the surrounding vehicles.
Lane Splitting
Sometimes a motorcycle will momentarily share a lane with another vehicle, intentionally or unintentionally. Lane splitting can occur in slowed and stopped traffic, at turn points, during passing on open roads, and in construction zones. These accidents involve unexpected moves that create dangerous situations.
Excessive Speed
One of the top contributors to all accidents, including motorcycle accident cases, is excessive speed. Speeding makes every collision more serious due to the forces involved. High-speed collisions almost always result in serious injury or death.
Drug and Alcohol Impairment
Drugs and alcohol are also common contributors to motorcycle accidents. These substances impaired drivers’ reaction speeds and may cause them to misjudge their distance from a motorcyclist. Police will commonly perform a field sobriety test to determine if anyone is under the influence.
Hitting Fixed Objects and Road Hazards
Sometimes a motorcyclist collides with a fixed object. These collisions can happen anywhere and may involve objects like fallen trees, construction materials, road surface hazards, and stalled vehicles. The city or county could be liable for hazards or it may be the fault of a private property owner. Consult your motorcycle accident lawyer for help assigning responsibility.
Types of Injuries From Motorcycle Accidents
Many types of injuries can result from a motorcycle accident. Because motorcyclists’ bodies are exposed to impact from other vehicles, they can sustain body-wide damage in an accident— with leg injuries, head injuries, and worse, these accidents lead to personal injury claims that require the help of motorcycle accident attorneys.
The most common types of injuries that occur during motorcycle accidents are the following:
Road Rash
When a motorcycle rider slides along asphalt or gravel, his or her injuries can include a burn-like wound known as road rash. There can be dirt and other debris that rips the skin and causes serious damage, in addition to the friction with the road. Just like a burn, road rash can be classified as first, second-, or third-degree and sometimes needs skin grafts and plastic surgery to repair properly. This type of physical damage can turn into personal injury cases, especially when medical bills and lost wages come into play.
Head and Brain Injuries
Motorcycle accidents can cause serious head injuries, even when the biker is wearing a helmet. They may have a concussion, swelling, bleeding, and other damage inside and outside the head.
These injuries are sometimes permanent and can cause long-term memory loss, cognition problems, or even death. Wrongful death claims can help loved ones get the loved ones left behind some closure after the tragedy— accident lawyers can help them recover compensation.
Spinal Cord Injuries
The delicate spinal cord is at risk during a motorcycle crash. It can be pulled, twisted, bent, or severed. Spinal cord injuries can cause mobility problems, paralysis, and even death in the most severe cases. If a wrongful death lawsuit needs to be filed, a Maryland motorcycle accident lawyer can assist.
Broken Arms and Legs
Broken limbs are common in motorcycle accidents. Under the force of an impact, a bone will give way and snap within the body. Although broken limbs can usually heal with medical care, accident victims may need physical therapy and other restorative measures that support healing.
Lacerations
Motorcyclists can experience deep lacerations, or cuts, during an accident. These wounds can cause someone to quickly bleed to death without emergency care. Lacerations can also become infected, interfere with mobility, and may create long-term health problems down the road.
Maryland Motorcycle Crash Laws
Motorcycle laws in Maryland are based on a fault system, where fault must be assigned to the person responsible, assuming it was not a hit-and-run. It can be the motorcyclist, another motorist, a pedestrian, or even another party, like a city government that failed to fix a road hazard.
A motorcycle accident claim has two factors: liability and damages. For liability, we look to who was assigned fault and whether they were negligent in their actions.
Negligence can involve acts like:
- Exceeding the posted speed limit
- Driving while distracted by a cell phone, person or other distraction
- Driving under the influence of drugs or alcohol
- Failing to follow traffic laws
- Running a red light or stop sign
- Performing an unsafe lane change
Motorcyclists should be aware that Maryland also has motorcycle helmet laws. All motorcycle riders must wear a Maryland Department of Transportation (DOT) approved helmet.
DOT-approved helmets contain the following four protective features:
- Exterior shell: The hard outer shell that prevents crushing and object penetration.
- Shock-absorbing liner: A minimum one-inch thick liner that absorbs/disperses impact.
- Comfort liner: Keeps the helmet comfortable and snug, so it stays in place.
- Chin straps/retention system: Using a strap, this keeps the helmet firmly on the head.
Unfortunately, despite safety gear like a helmet and body protection, motorcyclists still face the widespread stigma that they are unsafe drivers. You may feel that the system is biased against you or that you are being viewed as a risk-taker who causes accidents, even if you are not at fault in one.
See a lawyer before believing anything your friends, family, or other motorists tell you after a motorcycle accident. And remember: Insurance companies will always offer you far less than the amount you deserve under the law. Don’t be fooled. They only have their own best interests at heart, and the last thing they want is for you to file a motorcycle accident claim.
With the help of a Maryland motorcycle accident lawyer, you can refuse unfair offers from an insurance company and file a civil lawsuit instead. Take your case in front of a judge or jury. Let them decide what you deserve. You’ll likely be much happier with the results.
What Are The Causes of Most Maryland Motorcycle Accidents?
The Maryland DOT tracks crash data that reveals the causes, timing, and locations of motorcycle accidents, and it reveals a lot about what happens to motorcyclists on Maryland roadways.
Here are some interesting facts about Maryland’s motorcycle accidents:
Most occur on the weekends. Fatal motorcycle crashes occur most frequently on Friday, Saturday, and Sunday.
Most occur in warmer weather. Maryland’s beautiful days of late spring, summer, and early fall are prime time for motorcycle accidents.
Males/passengers have a higher risk. Men comprise 97% of all motorcycle fatalities. Females accounted for 8% of motorcycle deaths.
Aggression is a factor. Aggressive driving is a major contributor to these accidents, including close tailgating, close passing, and refusing to share the road with motorcycles.
Motorcyclists can seem invisible. Blind spots, “I didn’t see you”, is one of the most common excuses for hitting a motorcyclist.
Distractions come in many forms. At-fault drivers are often talking on a cell phone, texting, adjusting dashboard controls, or doing something else that takes their hands off the wheel.
Doors are a downtown hazard. In Baltimore and other populous Maryland cities, there is a particularly high chance of “dooring,” where someone swings a car door into a motorcyclist.
Speeding is a major culprit. High speed is a big contributor to motorcycle accidents. The higher the speed, the more difficult it is for motorists to react in traffic.
Youthful drivers are risky drivers. Age is a factor in a larger proportion of motorcycle accidents than other types with younger drivers causing more accidents.
Possible Damages Awarded for a Motorcycle Accident
If someone hits you while you’re riding your motorcycle, you could have major injuries and bike damage. You may be eligible to receive several types of damages. Discuss them with your motorcycle accident attorney.
Medical Expenses Due to a Motorcycle Accident
Maryland abides by the collateral source rule to allow plaintiffs injured in auto accidents to recover damages for medical expenses. Even if insurance covers your costs, you can still use the collateral source rule. You may be able to recover damages for past and future medical expenses that can be attributed to your motorcycle crash caused by the other driver.
Motorcycle Damage Caused by Vehicles and Semi-Trucks
Almost any other vehicle on the road is bigger than a motorcycle. If you are in a motorcycle collision with a semi-truck, the rig will probably survive mostly intact but you may have severe injuries. Sue to recover the cost of your motorcycle, on top of your other medical bills.
Lost Income After the Motorcycle Collision
If you are injured on your motorcycle due to someone else’s negligence, you may need a long period of recovery time. Your injuries could be extensive and prevent you from working. If you missed workdays or lost business due to the accident, hold the other driver responsible. A personal injury lawsuit can help you recover both past and future lost wages/income.
Pain & Suffering Since the Accident
After coming close to losing your life in a motorcycle accident, the pain and suffering you experience can cause deep emotional damage. The accident itself is traumatic, but the effects don’t end there. You could experience mental and physical effects for the rest of your life. Your lawyer can help you seek compensation for your suffering, so you have the resources you need to move forward.
When Should Motorcycle Accident Lawsuits Be Filed in Maryland?
If you’re injured in a motorcycle crash, your injuries are likely to be extremely severe. Of course, your top priority will be healing and recovering from your injuries – but don’t wait too long before contacting Maryland motorcycle accident lawyers or you may lose your chance to file a lawsuit. Even if the accident was a hit-and-run, you have a case and can be compensated.
Maryland has a statute of limitations on motorcycle accident personal injury claims, including those involving motorcycle accidents, of three years from the date of the injury, stated in Maryland Code Ann. Cts. & Jud. Proc. § 5-101: “A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced.”
So, unless a different law makes an exception, you have three years to file your personal injury claim. That might sound like a long time, but the time after your motorcycle accident will pass faster than you might expect. Within three years, you must try to heal from your injury, secure medical and financial documentation, retain any evidence gathered at the scene, and handle all of the legal ins and outs with your lawyer.
Your three-year timetable is based on the date of the accident— not the date you reported it, not the date an insurance company contacted you, and not the date your personal injury medical bills begin accruing. It’s possible that you could have lingering after-effects for many years, like psychological damage and emotional trauma. Nevertheless, the three-year limit applies.
Please don’t allow the statute of limitations to expire. If you do, it is rarely extended by the court and would likely require special circumstances. Don’t gamble on your claim being barred from filing. Work with an experienced motorcycle accident lawyer as soon as possible after the crash.
We Can Provide a Helping Hand in Your Motorcycle Case
Motorcycle wrecks are traumatic. You may feel overwhelmed by your physical injuries, the arrival of first responders, and a trip to the hospital. You’ll hear a mishmash of messages from paramedics, doctors, police officers, and family members. It may be hard to recall what happened.
Despite the confusion of a motorcycle accident, your actions immediately afterward can determine your future.
Some tips for what to do after a motorcycle accident:
- Call 911 or contact emergency help immediately.
- Remember to preserve all evidence you can, like the motorcycle’s dashcam video footage, accident reports, the other driver’s info, and paperwork from your insurance company.
- Contact an experienced motorcycle accident lawyer as soon as possible.
- Begin recording your lost days from work.
- Request a copy of the police report or work with your attorney to do so.
- Keep track of all visits to the hospital and doctor, including physical therapy and other long-term treatments you pursue as a result of the accident. Your medical records will play a significant role in your personal injury claim.
- Document every out-of-pocket expense you make, including fixing damage to your motorcycle, towing fees, and the cost to replace any personal property you lost.
- Use a Maryland licensed/authorized safety inspection repair shop to examine and repair your motorcycle. Get approval for all repairs in advance while working with your insurance company and attorney.
- Never talk to an insurance company representative, claims adjuster or other party’s attorney without discussing it with your attorney first.
Zirkin & Schmerling Law will hold the right party responsible after your motorcycle accident. During this difficult time, we want to help you receive the compensation that helps you move on with your life.
We Have Motorcycle Insurance Claim Experience
Every motorcycle accident is unique, but here at Zirkin & Schmerling, we’ve seen it all. Nothing an insurance company will do will take us by surprise. We’ve seen insurance companies offer lowball checks to severely injured people, try to rush and bully people into making poor decisions, and fail to provide the resources people truly need to fully recover from tragic accidents.
When you partner with us, you have an ally on your side after your motorcycle accident. We have the confidence it takes to stand up to insurance companies and anyone else who might try to automatically blame a motorcyclist for an accident. You can trust us to stand up for your rights.
Motorcycles and the Law of Presumed Liability
Maryland law generally presumes that liability for rear-end collisions falls on the rear driver. In other words, if a stopped motorcycle is struck from behind by a car, the car is automatically assumed to be at fault.
However, there are always exceptions and accidents can be confusing, so it’s important to document the accident as thoroughly as possible. Consult with a Maryland motorcycle accident lawyer as soon as possible to discuss liability.
Wrongful Death and Survival Action in Motorcycle Accidents
If the death of a loved one occurred as a result of a motorcycle accident, you have rights under two actions: the wrongful death action and the survival action. The wrongful death action allows relatives of a motorcycle accident victim to seek compensation for the victim’s accidental death. The survival action seeks to reimburse the victim’s estate for all of the pain, suffering, and other damages the victim experienced up to the moment of their death.
To pursue these claims related to serious motorcycle accidents, you’ll need to prove that there was harm to your loved one. Of course, pursuing this can be a difficult and emotional process after the trauma of a motorcycle accident.
That’s why the accident lawyers at Zirkin & Schmerling are here to help. We handle the legal action so you can focus on everything else. If you’ve experienced a personal injury related to a motorcycle crash, we can provide a free consultation to help you determine your next steps.
Contact an Experienced Maryland Motorcycle Accident Attorney
Act fast after a motorcycle crash to select an attorney who can truly understand the perspective of a motorcyclist and work as your voice and advocate.
Here are some important factors to consider:
Motorcycle case experience. Do they have the credentials to represent you? Are they experienced with motorcycle accident claims and knowledgeable about what it’s like to be in your situation?
High-dollar settlements. A good attorney has a solid history of getting high-dollar results for motorcycle accident victims. Can your attorney name the high-dollar verdicts they have received for their clients in a case like yours?
Reputation among motorcyclists. Ask your motorcyclist friends. You can bet that the insurance companies are very familiar with the names of all the prominent Maryland lawyers. You need a name that will shake them up, so they’re ready to give you the best deal possible. That name is Zirkin & Schmerling.
To learn more, contact Zirkin & Schmerling Law today at 410-753-4611 for a free consultation with a qualified, experienced motorcycle accident attorney in Maryland. Our law firm can provide an initial evaluation of your case entirely free of charge. We can’t erase the damage done in your motorcycle accident, but we can help you heal, move forward, and hold the right person accountable.
CONTACT US NOW ABOUT YOUR MOTORCYCLE ACCIDENT
