Best Motorcycle Accident Lawyers Baltimore, MD Of 2024 – Forbes

3 minutes, 28 seconds Read

Due to the severity of the injuries an accident victim is likely to suffer from a motorcycle crash, they may need to file a lawsuit to get enough compensation to pay for their full recovery.

If you were injured or a loved one was killed in a motorcycle accident in Maryland, consult this guide to find a lawyer who has experience with motorcycle accident litigation.

Maryland Statute of Limitations

The statute of limitations for personal injury claims in Maryland is three years from the date of the injury. The statute of limitations in nearby Washington, D.C. is also three years. This is important since many Baltimore personal injury lawyers are admitted to the D.C. bar, and many clients with cases in D.C. seek Baltimore attorneys.

Maryland Laws for Motorcycle Drivers

Motorcycle laws in Maryland regulate the use of motorcycles on public roads. In some cases, violating these laws could result in you being found partially responsible for any injuries you suffer in an accident:

  • Protective gear. All riders are required to wear an approved motorcycle helmet and eye protection (unless the motorcycle has a windscreen) at all times.
  • Headlights. You are required to have your headlights on at all times while riding.
  • Lane splitting laws. Lane splitting is illegal in Maryland. You are required to remain within the lane, just like cars and trucks.
  • Insurance. All motorcycle riders are required to have motorcycle insurance and may suffer severe penalties if they violate this law. However, violating this law should not reduce the compensation you can seek from the other party in a personal injury claim.

Identifying Fault for a Motorcycle Crash

Identifying fault is critical in motorcycle accident cases in Maryland. The state has a contributory negligence law that prevents a plaintiff from getting any damages if they are even the slightest bit responsible for those injuries.

Thus, insurance companies for the liable party will diligently investigate any accident, trying to find even the flimsiest evidence that suggests the plaintiff was partially responsible.

In an accident where one driver was going one mile over the posted speed limit and the other was driving the wrong way drunk while sitting in the backseat and driving with their feet—as an extreme example—the contributory negligence laws of Maryland technically make it impossible for the first driver to recover anything.

Of course, whether the plaintiff shares responsibility for the accident or not is a matter for a jury to decide, and defending against a lawsuit can be risky and expensive for insurers—especially if you have a strong case and a good attorney.

How Can an Attorney Help You?

Because the insurance company for the liable party can deny your claim quite easily in Maryland due to the negligence laws, it is essential to hire an attorney with experience in this state. Whenever a lawyer takes a motorcycle accident case in Maryland, the first thing they do is thoroughly investigate the accident. Every piece of physical evidence and every witness should support your claim for you to get compensation from the other party.

Personal injury cases in Maryland usually end in settlements. Generally, an attorney will gather evidence proving that the other party is at fault before filing a lawsuit. The insurance company will typically negotiate a settlement rather than waste resources on a lawsuit that it isn’t likely to win.

There are caps on noneconomic damages in Maryland, too. Because you can’t recover more than about $1 million in noneconomic damages, it’s possible that a settlement can be higher than the amount you get from winning a trial, even if the verdict is substantially higher. This is because the law requires verdicts to be reduced to the statutory maximum.

For example: if a rider suffered $250,000 in economic damages—meaning provable, concrete costs like medical bills or lost wages or damage to their motorcycle—and was offered a settlement of $1.25 million, it would mean more in their pocket than getting a verdict of any amount. Because the cap on noneconomic damages is $935,000, the most a trial could result in is $1.185 million after the judge reduces the noneconomic damages to the cap.

This post was originally published on 3rd party site mentioned in the title of this site

Similar Posts