At Holzman & Dickriede Attorneys at Law, we understand the unique challenges and risks motorcyclists face on Baltimore’s bustling streets. We are committed to standing by you and offering dedicated legal support when accidents occur.
As your trusted Baltimore motorcycle accident lawyers, we are here to guide you through the complexities of the legal system, ensuring your rights are protected and you receive the compensation you deserve.
Understanding the Prevalence of Motorcycle Accidents in Baltimore
Motorcycle accidents are, unfortunately, a significant concern in Maryland. Each year, an average of 73 motorcyclists lose their lives, and nearly 1,046 sustain injuries on Maryland roads. The Baltimore metropolitan area accounts for approximately 46.4% of these accidents, highlighting the city’s heightened risk for motorcyclists.
Common Causes of Motorcycle Accidents
Understanding the common causes of motorcycle accidents is crucial in prevention and legal proceedings. Some prevalent factors include:
- Driver Negligence: Many accidents occur because other drivers fail to notice motorcyclists, misjudge their speed, or yield the right of way.
- Speeding: Excessive speed reduces reaction time and increases the severity of collisions. In Maryland, speeding has been identified as a contributing factor in numerous motorcycle accidents.
- Impaired Driving: Operating a vehicle under the influence of alcohol or drugs significantly impairs judgment and reaction times, leading to severe accidents. Nationally, 29% of motorcycle riders involved in fatal crashes in 2021 were alcohol-impaired.
- Distracted Driving: Activities such as texting or using in-car technologies divert attention from the road, increasing the risk of accidents.
Maryland Motorcycle Laws and Safety Regulations
Maryland has implemented specific laws to enhance the safety of motorcyclists:
- Helmet Use: All motorcycle operators and passengers are required by law to wear helmets that meet the U.S. Department of Transportation standards. This measure significantly reduces the risk of head injuries in a crash.
- Eye Protection: Riders must use approved eye protection, such as goggles or face shields, unless the motorcycle is equipped with a windscreen. This requirement helps prevent eye injuries from debris and enhances overall safety.
- Licensing: To operate a motorcycle in Maryland, individuals must possess a Class M license. This ensures that riders have undergone the necessary training and testing to handle motorcycles safely.
- Lane Splitting: Maryland law prohibits lane splitting, which means motorcyclists cannot ride between slow-moving or stopped traffic lanes. This regulation aims to prevent accidents arising from unexpected movements between vehicles.
The Impact of Maryland’s Contributory Negligence Law
Maryland adheres to a contributory negligence standard, which can significantly affect the outcome of personal injury claims:
- Strict Standard: If a motorcyclist is found to be even 1% at fault for an accident, they may be barred from recovering any compensation. This strict standard underscores the importance of demonstrating complete fault on the part of the other party involved.
- Legal Representation: Given this stringent rule, having a knowledgeable motorcycle accident attorney in Baltimore is crucial. We meticulously investigate each case to establish clear liability, ensuring contributory negligence does not impede your right to compensation.
Steps to Take Following a Motorcycle Accident
In the aftermath of a motorcycle accident, taking the following steps can protect your rights and strengthen your case:
- Seek Medical Attention: Prioritize your health by getting a thorough medical evaluation, even if injuries seem minor. Some injuries may not be immediately apparent.
- Document the Scene: If possible, take photographs of the accident scene, including vehicle positions, road conditions, and any visible injuries.
- Collect Information: Gather contact and insurance details from all parties involved and contact information for any witnesses.
- File a Police Report: Ensure a formal report is filed with law enforcement, as this document will be vital in legal proceedings.
- Consult a Motorcycle Accident Attorney: Engage promptly with a skilled motorcycle accident attorney in Baltimore to guide you through the legal process and advocate on your behalf.
How Holzman & Dickriede Can Assist You
Our firm is dedicated to providing comprehensive legal support to motorcycle accident victims in Baltimore:
- Thorough Investigation: We conduct detailed investigations to gather all necessary evidence, including accident reports, witness statements, and expert analyses.
- Experienced Negotiation: Our team negotiates assertively with insurance companies to secure fair compensation for your medical expenses, lost wages, and pain and suffering.
- Litigation Support: If a fair settlement cannot be reached, we are prepared to represent you vigorously in court to achieve the justice you deserve.
Frequently Asked Questions: Baltimore Motorcycle Accident Claims
1. What should I do if the insurance company offers me a quick settlement?
Insurance companies often try to settle claims quickly for a lower amount than you may be entitled to. Before accepting any offer, consult a Baltimore motorcycle accident lawyer to evaluate whether the settlement covers your medical expenses, lost wages, and future damages. Once you accept an offer, you may lose the right to pursue additional compensation.
2. How long must I file a motorcycle accident claim in Maryland?
Maryland has a three-year statute of limitations for personal injury claims, including motorcycle accidents. You must file your lawsuit within three years of the accident date. You may lose your right to seek compensation if you miss this deadline. However, there may be exceptions based on specific circumstances, so it’s crucial to speak with a motorcycle accident attorney in Baltimore as soon as possible.
3. Can I still recover damages if I wasn’t wearing a helmet during the accident?
Maryland law requires motorcyclists to wear helmets, and failure to do so could be used against you in a claim. Insurance companies may argue that your injuries were more severe because you weren’t wearing a helmet. However, this does not mean you are automatically at fault for the accident. Our attorneys can help fight back against these tactics and work to maximize your compensation.
4. What if the driver who hit me was uninsured or underinsured?
If the at-fault driver doesn’t have insurance or doesn’t have enough to cover your damages, you may still have options. Maryland requires all motorists to carry Uninsured/Underinsured Motorist (UM/UIM) coverage, which can help cover your medical bills and lost wages. Our team can review your insurance policy and determine the best approach for obtaining compensation.
5. What damages can I recover in a motorcycle accident case?
Depending on the severity of your injuries and other factors, you may be entitled to compensation for:
- Medical expenses (past and future)
- Lost wages and loss of future earning capacity
- Pain and suffering
- Property damage to your motorcycle
- Emotional distress
- Loss of enjoyment of life
6. Do I need an attorney if my injuries are minor?
Even if your injuries seem minor, they can worsen over time. Additionally, some injuries, such as concussions or internal damage, may not show immediate symptoms. A motorcycle crash lawyer in Baltimore can help you receive full compensation for immediate and long-term damages.
7. How much does hiring a motorcycle accident lawyer in Baltimore cost?
Most motorcycle accident attorneys, including us, work on a contingency fee basis, meaning you don’t pay any upfront fees. We only get paid if we win your case, making legal representation accessible without financial risk to you.
8. What if poor road conditions or construction hazards caused the accident?
Motorcycle accidents are sometimes caused by potholes, loose gravel, or poorly marked construction zones. They may be liable if a government entity or construction company was negligent in maintaining safe roads. However, claims against government agencies have shorter deadlines and specific filing requirements, so acting quickly is essential.
If you have more questions or need legal assistance, contact Holzman & Dickriede Attorneys at Law today for a free consultation.
Contact Us Today
At Holzman & Dickriede Attorneys at Law, we recognize the profound impact a motorcycle accident can have on your life. As your dedicated Baltimore motorcycle accident lawyers, we aim to provide unwavering support and expert legal representation.
We are committed to navigating the legal complexities, allowing you to focus on recovery. Trust us to be your advocates in securing the compensation and justice you are entitled to.