Few accidents are as devastating or life-changing as motorcycle crashes. Without the protection of a vehicle around them, motorcycle riders in Maryland are far more likely to be killed or suffer debilitating injuries.
Worse still, because they are poorly understood or regarded by many drivers, motorcycle riders may be treated unjustly by everyone from other drivers to the insurance companies responsible for paying out their damages in personal injury claims – but not if our Maryland personal injury lawyers have anything to say about it.
Common Causes Of Maryland Motorcycle Accidents
Motorcycle accidents are frequent occurrences in the Washington DC metropolitan area, which includes Montgomery County, Prince George’s County, and parts of Northern Virginia. Nevertheless, they are not limited to suburban areas and occur all over the State of Maryland wherever one or more of the following contributory factors align:
- High traffic volume. Dense traffic on the roads makes it challenging for drivers to spot motorcycles. Most drivers are conditioned to look for cars and often fail to see motorcycles, especially in busy and congested areas.
- Distracted driving. Whether because of cell phone usage or simply changing the station on the radio, when drivers are not paying full attention to the road, accidents will happen, especially with smaller harder-to-spot vehicles like motorcycles.
- Lack of awareness by other motorists. Experienced motorcycle riders have had many near misses and are always aware of the potential dangers on the road. Unfortunately, other drivers without experience on two wheels often lack this awareness which frequently leads to tragic accidents.
- Poor road or environmental conditions. Most motorcyclists are defensive riders, but sometimes they find themselves in situations they cannot control due to weather or poor road maintenance, leading to accidents.
As we approach the motorcycle riding season, the frequency of motorcycle accidents is likely to increase because more people will opt to ride their motorcycles – and drivers consistently fail to adapt to their presence on the road.
What Severe Injuries Occur In Motorcycle Accidents?
Motorcycle riders and passengers are more vulnerable to severe injuries than individuals who travel inside vehicles because they are more exposed. Depending on the impact, riders and passengers can suffer a range of injuries, including:
- Road rash:A unique injury common among motorcyclists and passengers in accidents that involve less severe impacts.
- Fractures:These often occur to the lower extremities when the leg gets caught between the striking vehicle or the ground and the motorcycle in a collision.
- Traumatic brain injuries:These can occur when riders are thrown from their bikes and hit the ground directly. Even with a helmet on, these injuries can be particularly severe with long-lasting effects.
Proper riding gear can help prevent injuries, but it cannot prevent all injuries. Wearing protective equipment, such as riding jackets, pants, boots, and gloves, can help reduce the severity of the injuries. Helmets are essential in limiting the risk of traumatic brain injuries and should always be worn while riding a motorcycle.
Are Helmets Required In Maryland? Will Not Wearing One Impact A Personal Injury Claim?
In Maryland, all motorcycle riders and passengers are required by law to wear helmets while riding. The law also requires eye protection or the use of a windscreen on the bike. However, failure to wear a helmet or protective gear may not be considered evidence of negligence in a personal injury case.
While an insurance company may try to use this as a reason to devalue your claim, a jury cannot consider it as evidence of negligence. Nevertheless, the failure to wear a helmet or protective gear can affect the value of your claim during the settlement negotiation process, which is why it is vital you have an experienced attorney on your side.
What Defenses Do Insurance Companies Use To Deny, Or Limit Settlements In Motorcycle Injury Claims In Particular?
Maryland law for personal injury claims is tough. Under its contributory negligence law, if you were partially responsible for your accident, you cannot claim compensation for the injury or its effects.
Insurance companies can and will try to use contributory negligence as an absolute defense to deny you recovery after a motorcycle accident. If you contributed to the cause of the accident and the resulting injuries, you may find yourself unable to claim any personal injury compensation.
Additionally, insurance companies may use other common defenses to challenge, deny or limit your claim. From calling into question the causality of your injuries to investigating you to try and find contradictory evidence to arguments about the necessity or cost of your treatments, insurance companies will stop at nothing to pay out less.
Their favorite tactic against motorcycle riders, however, remains using blame and contributory negligence to block all recovery.
The Insurance Company Is Blaming Me For The Motorcycle Accident, What Should I Do?
Unfortunately, motorcyclists are often blamed unfairly for accidents due to preconceived notions they are reckless or careless riders. However, this is often not the case, as most motorcyclists are careful and prudent riders. Just because an insurance company or the at-fault driver is blaming you does not mean you cannot claim damages.
Overcoming these biases can be difficult, especially when dealing with insurance adjusters who may have their own preconceived notions about motorcycle riders. It is essential to have an experienced attorney who can help present the facts of the case accurately and obtain a fair settlement.
Call A Maryland Attorney To Help With Your Motorcycle Accident Personal Injury Claim
While many attorneys are attracted to motorcycle accident cases due to the severity of the injuries, not all personal injury attorneys have the same level of experience or competence in handling such cases.
Motorcycle accidents can be more complicated than vehicle-on-vehicle accidents due to specific nuances, such as the operation of motorcycle braking systems and riders’ reactions to situations. To obtain a fair settlement in Maryland, it is essential to work with an attorney who has experience and knowledge of motorcycle accidents.
Here at The Yolles Legal Group, personal injury lawyer Monty Yolles places a priority on handling motorcycle accident cases. With an avid interest in motorcycles himself, attorney Monty Yolles has the technical and legal experience to see your case through and ensure you can rebuild your life.
If you or a loved one have been hurt in a motorcycle accident in Maryland, call our office at (301) 670-0443 or schedule a consultation online. We can even come to you in the hospital if need be, because here your recovery is our priority.
