If you have been involved in a Motorcycle accident in Maryland you need an attorney that can help you recover the money you deserve.
In Maryland, if a person is found to be negligent then typically they are at fault for the accident and you may have a chance to collect based on a Complaint for negligence. Here are some examples of negligence that are common:
- Weaving or “Lane Splitting” between cars
- Driving while intoxicated or under the influence
- Running through a clearly marked traffic signal
- Making an illegal turn
- Striking a vehicle from behind in a rear-end collision
- Violating other traffic laws
Presumed Liability For Motorcycle Riders
In Maryland, a motorcycle rider is presumed to be liable, or “at-fault,” if that driver rear-ends a stopped or slower-moving vehicle.
However, there are exceptions to the rule, so it is important to document the details of the accident as thoroughly as possible and to quickly call an attorney. Zirkin and Schmerling Law is a law firm that can help you with your motorcycle accident and can answer any and all of your legal questions.
Maryland Motorcycle Accident Defense
So how do you defend yourself against liability if you are involved in a motorcycle accident? Even if you believe you are at-fault, there are several strategies you may raise to escape liability.
It is important when you are involved in a motorcycle accident lawsuit to remember that for the most part you will not be collecting damages from the individual driver. Typically you will be filing the lawsuit against the negligent individual but you will be collecting from the insurance company. Maryland law states that every driver in the state of Maryland must carry car insurance. The penalty for not having car insurance is up to one year in jail and a $1,000 fine.
In Maryland, when a lawsuit is filed against an individual the car insurance for that individual will provide free representation to that Defendant. The insurance company has a goal, which is to avoid having to pay any claims. They will do whatever they can to keep you from recovering what you deserve. Among the motorcycle accident defense strategies are:
- Contributory Negligence: Maryland law is different than the laws in most states when it comes to Contributory Negligence. Most other states follow the “Comparative negligence” standard, which means that if the Plaintiff is partially responsible for an accident then the Plaintiff can still collect for their damages. In Maryland, Contributory negligence holds that if you contributed to the cause of the motorcycle accident in any way, even if you are only 1% at fault and the other driver is 99% at fault, then you still can’t recover for any of your damages.
- Causation: Another defense an at-fault driver may raise is that something other than their negligence caused your injuries. For example, they may try to claim that you had a pre-existing condition (like a bad back) that caused the injuries that you are presently claiming.
Motorcycle Accident Damages In Maryland
If you are able to successfully establish that the other driver is at fault for the accident then you will be entitled to monetary compensation known as “damages”. Typically, damages are paid by the insurance company for the at-fault party who caused the accident.
There are two kinds of damages that are included in motorcycle accidents: economic damages and non-economic damages. Economic damages consist of property damage to your vehicle, past and future medical bills, and past and future lost wages. Non-economic damages are more commonly referred to as pain and suffering. Both are common in motorcycle accidents.
What To Do Next?
Hiring a Maryland motorcycle accident lawyer can greatly increase your chances of successfully negotiating your claim. It is important that you receive what you deserve for your injuries. Do not let the insurance company pay you pennies on the dollar.
At Zirkin and Schmerling Law, we take pride in helping injured parties receive what they deserve through settlement or by going to trial. When you come to us for help in your motorcycle accident case, you will find accident lawyers who are experienced and knowledgeable with Maryland motorcycle law.
Zirkin and Schmerling Law understands how important this is to you and our office makes your case a priority. Let’s make sure you get the compensation you deserve. Call Zirkin and Schmerling Law to speak with one of our experienced Maryland accident attorneys about your Maryland Motorcycle accident claim, please contact us here, or call (410) 356-4455.