Motorcycle accidents are considerably different from accidents involving passenger vehicles, specifically in terms of injury severity, liability, insurance dynamics, and state negligence laws. Maryland adheres to a strict contributory negligence law, meaning even minor allegations of a rider sharing any degree of fault can impact the recovery of damages. In Prince George’s County and throughout Maryland, motorcycle accidents generally occur on high-traffic corridors and multi-lane roadways where visibility limits increase the risk of collisions. Please continue reading as we explore the distinctions between motorcycle accidents and car accident cases. Additionally, contact a determined Prince George’s County Motorcycle Accident Lawyer without delay to schedule a consultation regarding your matter.
Why Are Motorcycle Accidents More Severe Than Car Accidents?
The fundamental distinction between motorcycle and car collisions is the dramatically increased severity and fatality rate for motorcycles. Unlike passenger vehicles, motorcycle riders do not have structural protection to absorb some of the impact, nor are these vehicles equipped with seatbelts or airbags.
Despite motorcycles representing only 3% of registered vehicles in the U.S., motorcycle accidents are responsible for 14% of all traffic fatalities, with nearly 80% of motorcycle collisions resulting in severe bodily harm.
Common Catastrophic Injuries in Maryland Motorcycle Crashes
- Traumatic brain injury (TBI)
- Spinal cord injury
- Broken bones
- Road rash
- Burns
- Fractures
- Internal injuries
- Wrongful death
Unfortunately, as injuries for motorcycle drivers are generally more severe, these claims generally involve:
- More extensive medical care and subsequent higher medical costs
- Longer recovery periods
- Potential for permanent disability
- Increased pain and suffering
Key Legal Differences Between Motorcycle and Car Accident Claims in Maryland
Motorcycle accident claims in Maryland differ from car accident claims primarily due to contributory negligence, more severe injuries, heightened fault disputes, and complex insurance valuations. Unlike car accidents, claims of catastrophic injury and subsequent liability defenses make motorcycle accidents considerably different.
As mentioned, Maryland adheres to a pure contributory negligence rule, meaning if an injured driver is found to be even 1% at fault, they may be barred from recovering compensation for the damages they suffered.
Liability Challenges Unique to Motorcycle Claims
- Drivers often claim they “didn’t see” the motorcycle
- Left-hand turns (a leading cause of motorcycle collisions)
- Unsafe lane changes due to failure to check blind spots
- Allegations of lane splitting
- Bias that motorcycle riders are inherently reckless
Do Insurance and Compensation Differ in Motorcycle Accident Claims?
It’s important to understand that often, motorcycle insurance policies differ from standard auto policies in regard to coverage limits and additional protections. Similarly, catastrophic injuries, which riders involved in accidents often suffer, typically exceed minimum policy limits.
Damages Typically Higher in Motorcycle Accidents
- Economic Damages:
- Emergency transportation and trauma care
- Surgeries and hospitalization
- Long-term physical therapy and rehabilitation
- Lost wages
- Reduced earning capacity
- Non-Economic Damages:
- Pain and suffering
- Permanent disfigurement and scarring
- Loss of enjoyment of life
- Emotional anguish
- Wrongful Death Damages (in fatal collisions):
- Funeral expenses
- Medical care costs incurred before death
- Loss of companionship
- Loss of financial support
Due to the nature of motorcycle injuries, life-care planning and expert testimony are often required to determine the damages.
Maryland Helmet Laws and How They Impact Claims
In accordance with Maryland Transportation Code § 21-1306, all motorcycle riders are legally required to wear a helmet while on a motorcycle. Failure to wear a helmet can result in allegations of injury contribution, especially in cases involving traumatic brain injuries.
However, it’s important to understand that, in Maryland courts, helmet use does not prevent all traumatic brain injuries, and drivers can remain liable for negligent conduct regardless of rider protection.
What Should I Do If I’m Injured in a Maryland Motorcycle Accident?
Following a motorcycle accident in Prince George’s County, taking the correct steps is critical to protect your health and well-being while preserving the strength of your claim. Though it can be incredibly overwhelming, it’s in your best interest to remain as calm and collected at the scene.
Seek Immediate Medical Attention
After a motorcycle accident in Maryland, the immediate priorities are safety and obtaining prompt medical attention; contact emergency services (911). Even in the absence of perceived injury, it is advisable to permit Emergency Medical Services (EMS) to conduct an assessment of your condition, as adrenaline can potentially mask severe injuries. Timely medical treatment safeguards one’s health and establishes a crucial initial record.
Gather Necessary Information and Evidence
If you are physically able to do so, you should take photos and videos of the following:
- Damage to your motorcycle and the vehicle(s) involved
- Damaged gear
- Any visible injuries you have sustained
- Skid marks
- Road conditions
- Traffic signs
- Weather conditions
In addition, you should gather the following:
- Insurance and contact information of the driver(s) involved
- Contact information and statements from witnesses
- A copy of the police report prior to leaving the scene
Seek Ongoing Care
Continuous medical follow-up is necessary, even for seemingly minor symptoms. Retain all medical records and maintain a detailed journal documenting pain, physical limitations, and any lost wages to substantiate damages. Notify your insurance provider, but exercise caution in all communications to protect your interests. Provide a purely factual account and keep in mind that you are under no obligation to provide a recorded statement to the opposing driver’s insurer.
Contact an Experienced Maryland Personal Injury Attorney
Given that motorcycle injuries are frequently catastrophic and disputes over fault are common, retaining legal counsel should be considered. An attorney at McCarthy, Winkelman, & Mester, L.L.P., can assist in preserving critical evidence and negotiating with insurance companies to ensure you receive the compensation to which you are entitled. Connect with our firm today to schedule a consultation.
