How do Motorcycle Accident Laws Work in Baltimore?
A motorcycle does not have the added safety features that come standard in cars and trucks. Motorcycles don’t have seatbelts, airbags, or a sturdy metal frame to protect the driver. It’s also harder for other, larger vehicles to see a motorcyclist. Every year in Maryland, over 1300 motorcycle accidents are reported and cause serious injuries. Of those injured motorcyclists, 86 will die because of their injuries. Despite the danger, for some people there is nothing quite so freeing as driving a motorcycle. Driving a bike is exhilarating, and maintenance and fuel costs are much cheaper with a bike. So take it this advice from a motorcycle accident lawyer in Baltimore, if you love to drive or ride on a bike, then here is what you need to know about how motorcycle laws work in the state of Maryland.
How is fault determined in a Baltimore motorcycle accident case?
Damages can vary significantly on a case-by-case basis. But in Maryland, if a motorcyclist is injured as a result of another driver’s carelessness, then the wounded motorcyclist is entitled to compensation. A negligent driver in Baltimore can be:
A drunk driver
- A distracted driver
- A driver who is aggressive
- Drivers who are speeding or who follow a motorcycle too closely
- A driver who runs a motorcyclist off the road
- Drivers who have violated a traffic law
Baltimore has different rules when it comes to determining fault and compensation.
Maryland is one of the few states in the U.S. that requires someone to be completely at-fault for an accident. If an injured motorcyclist was deemed partially at-fault for a crash, then they can’t get compensation for their injuries under Maryland state laws.
What other factors can influence a motorcycle accident case?
The extent of a motorcyclist’s injuries is one of the leading factors in determining how much a case is worth. If a defendant is deemed wholly at-fault for an accident, then the nature of the motorcyclist’s injuries and the extent of their property damage will determine how much compensation they can receive. Soft tissue injuries will be worth less than injuries that result in broken bones or permanent disability or disfigurement. Payment is also awarded for property damage and the injured party’s medical bills, lost wages, and out-of-pocket expenses are also covered in an accident settlement.
How do wrongful death lawsuits work in Baltimore?
Tragically, almost 100 motorcyclists will die in crashes this year. If a motorcyclist dies because of another driver’s negligence, then the deceased’s survivors may file a wrongful death suit against the negligent party.
Is there a cap on damages?
Damages in personal injury law refer to economic and non-economic losses. Economic losses would be things that are quantifiable, such as medical bills, and lost wages. Non-economic damages relate to pain and suffering. In a Baltimore motorcycle accident case, there is a cap on non-economic damages. Maryland law states that injured party’s non-economic damage rewards cannot exceed $845,000. This cap only refers to pain and suffering of injured motorcyclists, not in cases of wrongful death.
For wrongful death lawsuits, the cap increases to $1,267,500 if there are two or more surviving beneficiaries. In Maryland law, there is also a survival action cap of $830,000. The maximum amount that someone can get for non-economic damages in a wrongful death case is $2,112,500 in 2018. These caps will change every year and are tied to inflation rates.
If you’ve been injured while riding a motorcycle in Baltimore, seek medical attention and contact the police. It’s crucial that you have a record of your injuries and a police report. These two pieces of evidence are the key to establishing the extent of your injuries and who is at fault for the accident. After you’ve been injured, do not agree to a settlement amount from the insurance company. It is in your best interest to contact and Baltimore area attorney who is well-versed in personal injury laws.