You're enjoying a scenic motorcycle ride through Rock Creek Regional Park when a distracted driver suddenly veers into your lane, sending you tumbling across the pavement. As you struggle with painful injuries and rising medical debt, you wonder how to move forward with a motorcycle accident claim.
At Meyers, Rodbell & Rosenbaum, our Maryland motorcycle accident attorneys know these crashes differ significantly from typical car accident cases. Unique factors like increased injury severity, bias against riders, and complex insurance issues can make securing fair compensation an uphill battle. However, understanding these key differences can help protect your rights after a serious wreck.
Increased Risk of Severe Injuries
Motorcycle accidents often cause catastrophic injuries due to the lack of protection riders have compared to passenger vehicle occupants. Without the metal frame, seat belts, and airbags that cars provide, motorcyclists are directly exposed to violent impacts and crushing forces in a collision. Some common catastrophic injuries in motorcycle crashes include:
- Traumatic brain injuries (TBIs). Even with DOT-approved helmets, riders can suffer life-altering TBIs when thrown from their bikes. Concussions, skull fractures, and intracranial bleeding often lead to permanent impairments.
- Spinal cord injuries. The twisting forces in motorcycle wrecks frequently cause spinal cord damage. Paralysis, loss of sensation, and muscle weakness may require a lifetime of medical care.
- Crush injuries. When a rider is pinned under a vehicle or other heavy object, the prolonged pressure can permanently damage tissues and internal organs. Compartment syndrome and kidney failure are common complications.
- Degloving injuries. Riders who slide across the pavement may have large portions of skin sheared away from underlying tissue. These gruesome wounds are intensely painful and prone to infection.
- Limb amputations. Damaged limbs may require surgical amputation to prevent life-threatening infections. Those who keep severely injured extremities often face limited function.
The extreme forces in motorcycle crashes also mean that fatalities are common among riders. NHTSA data shows that motorcyclists are 28 times more likely than passenger car occupants to die in a crash per vehicle miles traveled. Our attorneys work closely with victims' loved ones in wrongful death claims to secure justice and accountability.
Dangerous Road Hazards
While potholes, wet leaves, and loose gravel may be minor nuisances for cars, these same road hazards can be deadly for motorcycles. Riders can easily lose control when their tires encounter slick surfaces or obstacles. Hazardous conditions that contribute to serious motorcycle accidents include:
- Uneven pavement. Inadequately maintained roads with cracked surfaces, missing chunks of asphalt, or uneven lanes can cause riders to veer out of control, especially during lane changes.
- Pooling water. Motorcycles have less traction than cars, so hitting an unexpected patch of standing water can result in dangerous hydroplaning.
- Slick substances. Oil slicks, antifreeze spills, and other slippery liquids are especially dangerous for motorcycles.
- Construction zones. Loose gravel, steel plates, and uneven surfaces in work zones create unstable riding conditions. Heavy machinery and temporary traffic patterns also increase the risk of wrecks.
- Railroad tracks. Driving over train tracks is challenging for riders, especially if the tracks are at an oblique angle. Tires can get caught in the grooves, causing loss of control.
Our motorcycle accident lawyers often collaborate with accident reconstruction experts to determine if hazardous road conditions caused the crash. If a government entity or construction company fails to address a known danger, it may be liable for the resulting injuries.
Unfair Biker Bias
Despite significant safety advancements and an emphasis on rider training, negative stereotypes about motorcyclists persist. The misconception that all riders are reckless daredevils who weave through traffic and ignore road rules works against injured motorcyclists when pursuing claims against at-fault drivers. Insurance companies often try to shift blame to the motorcyclist, even in cases of blatant car driver negligence.
Combating this bias requires extensive evidence and aggressive legal representation. Our attorneys dig deep to uncover proof, such as traffic camera footage, electronic driver records, and eyewitness testimony. We know that most riders are safety-conscious and law-abiding, so we fight against tactics that deny them the compensation they deserve.
Maryland Laws for Motorcycles vs. Cars
Maryland traffic laws treat motorcycles and cars differently in several key areas:
- Helmets. Maryland requires all motorcycle riders and passengers to wear DOT-compliant helmets, regardless of age or experience level. Riders over 16 are not required to wear head protection.
- Lane splitting. While some states allow riders to pass between lanes of slow or stopped traffic, lane splitting is illegal in Maryland. Motorcyclists injured while lane splitting may have difficulty securing full compensation.
- Contributory negligence. Under Maryland's contributory negligence rule, an injured motorcyclist can be denied compensation if they are found to be even 1 percent at fault for the crash. Our attorneys combat these unfair allegations by gathering compelling evidence of the car driver's negligence.
- Insurance. Maryland requires motorcyclists to carry minimum liability insurance coverage of $30,000 per person and $60,000 per accident, the same minimum coverage required for car drivers. Given the increased risk of severe injuries in motorcycle crashes, we strongly recommend that riders purchase additional coverage to protect themselves financially.
Challenging Insurance Issues
Maryland requires all cars to carry a minimum level of personal injury protection (PIP) coverage, which pays for medical bills and certain out-of-pocket expenses after a crash regardless of fault. However, this coverage does not automatically extend to motorcycles. Riders must purchase a separate PIP policy to have this type of protection.
Additionally, insurance adjusters often use motorcycles' inherent risks to justify lowball settlement offers that do not account for long-term medical needs, permanent impairments, and reduced earning capacity. Our motorcycle accident lawyers frequently bring in medical and financial planning experts to prove the full extent of damages. We negotiate aggressively and never hesitate to take insurers to court when they refuse to negotiate in good faith.
Steps to Take After a Maryland Motorcycle Accident
The scene after a motorcycle crash is chaotic, but taking the proper steps can protect your health and legal rights. Here's what to do after a Maryland motorcycle accident:
- Call 911 to report the crash. Maryland law requires reporting any accident that causes injury, death, or sufficient property damage. Calling 911 also dispatches emergency medical services to the scene.
- Seek medical attention immediately. Some serious injuries may not have obvious symptoms right away. Prompt medical care protects your health and creates vital records linking your injuries to the crash.
- Gather evidence at the scene. Take photos of vehicle damage, road conditions, and visible injuries if possible. Get contact information for any eyewitnesses.
- Report the accident to your insurance company. Notify your insurer promptly, but stick to the basic facts of what happened. Don't give a recorded statement or accept a settlement offer before consulting with an attorney.
- Contact an experienced motorcycle accident lawyer. Our attorneys can communicate with insurers on your behalf and start building your case immediately.
Maryland's statute of limitations gives you three years from the date of the motorcycle accident to file a lawsuit. While this may seem like ample time, critical evidence can disappear quickly. The sooner you contact a lawyer, the better their ability to uncover the facts that strengthen your case.
Discuss Legal Options with Our Motorcycle Accident Lawyers
If you or someone you love has been seriously injured in a motorcycle wreck, the path to compensation may feel overwhelming. At Meyers, Rodbell & Rosenbaum, we have the experience, resources, and tenacity to fight for accountability against car drivers, trucking companies, manufacturers, and other parties that contributed to the crash.
We offer free consultations to discuss your rights and options, and there are no fees unless we secure compensation on your behalf. Contact us for an honest assessment of your motorcycle accident claim. We look forward to putting our skills and experience to work for you.
