Maryland Bicycle Accident Lawyer

Maryland Bicycle Accident Attorney

Bicycling is a healthy and enjoyable pastime for many people throughout the state, and some enjoy bicycling as an alternative to local transportation. While many bicyclists are able to enjoy the time spent on their bikes without issue, bicycle accidents do happen in many ways, often with devastating effects. If you or a family member experienced such an incident, you need a Maryland bicycle accident lawyer to help recover your damages.

Experienced Legal Counsel for Bicycle Accident Claims

Whitlock Law, LLC,  offers client-focused legal counsel for a wide range of personal injury cases, including all forms of vehicle accident claims. A bicycle accident qualifies as a vehicle accident under state law, and the process of recovering from a bicycle accident will mirror much of what you could expect following a car accident. However, bicycle accident claims tend to involve far worse injuries.

Morgan Whitlock and the team at Whitlock Law, LLC, can provide focused legal counsel for every step of your bicycle accident claim, from gathering the evidence needed to prove liability for the accident to proving the full extent of your damages and ensuring an acceptable recovery. Even if you believe that fault for your accident is perfectly apparent and you have a firm understanding of your damages, it is always advisable to have legal counsel on your side.

Although the State Doesn’t Make You Hire a Lawyer, It’s Better for You to Do So

Maryland law does not strictly require you to hire an attorney, so you have the right to attempt to handle your bicycle accident claim on your own should you so choose. However, you face several risks in doing so. Even if you managed to prove fault for the accident, you would be unlikely to recover as much compensation as an experienced attorney could secure for you. Your attorney can also reduce the time it takes to resolve your case.

Ultimately, hiring the right bicycle accident lawyer in Maryland to represent you is one of the most important decisions you can make if you want to fully recover from your accident. When you choose Whitlock Law, LLC, to represent you, our team can manage your legal affairs for you and keep you updated on your case’s progress so you can rest and focus on your medical needs and personal obligations with peace of mind.

Understanding Fault in Vehicle Accident Cases

Fault is a crucial central issue for every vehicle accident case filed. Under state law, fault must be established before any compensation can be awarded to an injured party. Additionally, the injured party must be able to prove they did not contribute to causing the accident; otherwise, their shared fault will prevent them from recovering compensation from any other liable party under the state’s contributory negligence rule.

Bicycle accidents often occur for the same reasons that motor vehicle accidents happen. Driver negligence is the leading cause of bicycle accidents in the state, and this can take many forms. Some of the most commonly cited examples of negligence responsible for bicycle accidents include:

• Distracted driving. Every driver has a responsibility to operate their vehicle attentively. Cell phone use behind the wheel and other distractions can easily result in a serious accident, and proving fault may be difficult. However, a seasoned attorney can seek cell phone records and other evidence to help their client prove an at-fault driver was not paying attention and caused their accident.
• All drivers are required to abide by posted speed limits. Any amount of speeding can potentially result in a serious accident, and excessive speeding can lead to a reckless driving charge for the at-fault driver. Vehicle computer data and traffic camera footage can be crucial for proving that another driver was speeding.
• Moving violations. All drivers must follow traffic signals and yield the right-of-way when necessary. Running red lights or stop signs, performing illegal turns, and other moving violations can easily cause a bicycle accident, especially because bicycles are smaller than passenger vehicles and easier for other drivers to overlook in congested traffic conditions.
• Mechanical failures. It is possible for an accident to occur because of a defect in a bicycle or in a driver’s vehicle, in which case the manufacturer could face liability for the resulting damages under product liability laws. It is also possible for faulty vehicle maintenance to cause an accident, implicating the party who performed said maintenance as liable for the resulting damages.

These are only a few possible examples of how negligence can cause bicycle crashes. These incidents can also occur because of intentional misconduct behind the wheel, the most common example of which would be intoxicated driving. If a driver causes an accident because they were driving under the influence (DUI) of alcohol or drugs, they face criminal prosecution alongside the civil damages incurred by the victim.

If you were harmed because of another party’s illegal misconduct behind the wheel, proving liability for the incident could be more straightforward than proving fault in other types of cases. However, the interactions between the criminal case filed by the state and your civil claim for damages could generate complexities that you will not know how to resolve on your own.

When a driver has caused a personal injury through an illegal act, the penalties they face in criminal sentencing are likely to increase significantly to reflect the harm they caused to the victim. Additionally, the victim could receive punitive damages in their civil case to reflect the illegal nature of the defendant’s actions, enhancing their recovery significantly.

No matter how your bicycle accident occurred, a Maryland bicycle accident lawyer can be the most valuable asset in your recovery efforts as they can assist you in gathering various forms of evidence you may not be able to recover on your own. For example, they can assist you with gathering physical evidence from the scene of the crash, vehicle computer data, cell phone records, traffic camera recordings, and testimony from eyewitnesses.

Auto Insurance for Bicycle Accidents

Every driver is required by state law to have personal auto insurance that meets basic coverage requirements. This insurance comes into play after a driver has caused an accident. The at-fault driver’s policy will go toward paying for the victim’s damages. At a minimum, a personal auto insurance policy for a driver needs to include:

• $15,000 or more in property damage liability coverage, which can pay for the victim’s vehicle repair or replacement costs.
• $30,000 or more in bodily injury liability coverage, which pays for medical expenses for a single person injured in the accident.
• $60,000 or more in total accident coverage for bodily injuries to multiple victims in one accident.

For legal purposes, a bicycle accident qualifies as a type of vehicle accident, so if a driver hit you while you were riding your bike, you can file a claim against their policy to seek compensation for the damages they caused. If the at-fault driver asserts contributory negligence, however, their insurance company may refuse to pay out a settlement until you disprove their allegation that you share fault for the accident.

Dealing with any insurance company will be much easier if you have a Maryland bicycle accident lawyer representing you. They can ensure your claim is handled in good faith and that the insurance company delivers a fair and reasonable settlement offer. An insurance carrier is far less inclined to attempt any bad faith tactics when they see that a claimant has legal representation.

While not strictly required by law, drivers are encouraged to purchase uninsured motorist coverage. If a driver who does not have insurance causes an accident with you, this coverage option allows you to file a claim against your own policy to recover compensation without incurring any penalties. If you do not have this type of coverage and the at-fault driver does not have insurance, you will need to build a personal injury claim.

Filing Your Personal Injury Suit for a Bicycle Accident

If you are unable to fully recover your damages through an auto insurance claim, or if you cannot file a claim because the at-fault driver does not have auto insurance, a personal injury suit is the optimal legal vehicle for you to recover your damages from a bicycle accident. To succeed with your claim, you must identify the party or parties you believe to be responsible for your damages and prove exactly how they caused those damages.

Most personal injury cases arise from acts of negligence, and “negligence” is a term that can define any failure to use reasonable care or any breach of a specific duty of care. For example, a driver has a duty of care to yield the right-of-way in certain traffic conditions, and failing to do so would be a breach of this duty of care. Alternatively, the plaintiff must prove their damages resulted from an intentional and illegal act.

Success with a personal injury suit in the state requires securing evidence and witness testimony that proves a defendant directly caused the damages cited in the claim. The plaintiff will not only need to prove the entire extent of their claimed damages but also establish causation between the defendant’s actions and their claimed damages. This means they need to prove their damages solely resulted from the defendant’s actions and did not occur from any other cause.

A successful personal injury claim can potentially yield compensation for all the plaintiff’s damages, with some limitations. The damages you may be able to recover from the defendant in your bicycle accident case could include:

• Medical expenses. Bicycle accidents can easily cause devastating physical injuries, some of which may require extensive long-term treatment and rehabilitative care. Your attorney can help prove the full extent of all the medical treatment you need following your bicycle accident to ensure the defendant is held fully responsible for all your medical treatment costs.
• Lost income. If your injuries prevent you from working for any period of time, the defendant who caused your injuries is liable for the wages you cannot earn during your recovery. If your accident has left you permanently disabled and you will not be able to return to work in the future, the defendant is also liable for your lost future earning capacity.
• Property losses. You can hold the defendant accountable for the cost of repairing or replacing your bicycle and any other personal property lost in the accident.
• Pain and suffering. You can seek financial compensation for the physical pain and psychological trauma you suffered from the accident, but state law limits the amount you can receive. Your Maryland bicycle accident lawyer can help maximize this aspect of your recovery by proving the full range of negative effects your bicycle accident has had on your life.

Ultimately, you might discover that you can claim far more compensation than you initially expected once you have an experienced attorney review the details of your claim. Your bicycle accident lawyer can help accurately assess the full extent of immediate and future damages you can claim from the defendant, and they will be invaluable for the help they can provide in streamlining your case.

The majority of civil claims for damages filed in the state each year end with privately negotiated settlements, but this is only possible if all parties involved in the case are willing to negotiate and compromise. Your attorney can guide you through settlement negotiations and help secure a fair deal from the at-fault driver. However, if the defendant denies liability or refuses to settle, your case must be resolved in litigation.

Litigation for any personal injury case can be stressful and time-consuming, but having the right attorney on your side significantly improves your chances of success with your claim. Whitlock Law, LLC, is ready to work closely with you to help determine the most efficient way of resolving your case, and our goal is to streamline your recovery process as much as possible while helping you obtain as much compensation as possible for your damages.

FAQs

Q: Who Is at Fault for a Bicycle Accident?

A: Fault for a bicycle accident in the state could fall to one or more parties, and proving fault will be an essential first step in your recovery if you have been hurt in a bicycle accident caused by another party. Most bicycle accidents happen because of driver negligence, but it is also possible for a bicyclist to share fault for an accident. In such a case, the bicyclist cannot claim compensation from the driver under the state’s contributory fault rule.

Q: What Compensation Can I Recover After a Bicycle Accident?

A: The compensation you can recover after a bicycle accident will depend on the overall severity of the damages you suffered. If you can prove another party is entirely at fault, they are liable for all your economic damages as well as your pain and suffering. An experienced Maryland bicycle accident lawyer can be your most valuable asset when it comes to establishing fault for your claimed damages and maximizing the recovery you obtain.

Q: What Happens if a Bicycle Accident Is Fatal?

A: If a bicycle accident causes a fatal injury, the victim’s family would likely have grounds for a wrongful death suit if a specific party is directly responsible for causing the death. This type of wrongful death claim seeks compensation for the losses sustained by the victim’s surviving loved ones and beneficiaries. Proving fault and showing the full extent of all resulting damages will be essential for success with this type of case.

Q: Why Should I Hire a Maryland Bicycle Accident Lawyer?

A: You should hire a Maryland bicycle accident attorney to assist you with your claim because you will be significantly more likely to succeed with your recovery efforts when you have legal representation. Instead of attempting to manage your medical needs, personal affairs, and your legal case all at once on your own, your attorney can manage your legal efforts to recover so you can focus on your personal needs and medical issues with peace of mind.

Q: What Does It Cost to Hire a Maryland Bicycle Accident Lawyer?

A: The cost to hire a bicycle accident lawyer in Maryland will depend on the attorneys’ billing policy. At Whitlock Law, LLC, we use a contingency fee billing system to ensure our clients do not pay more for legal fees than they win in compensation and that legal counsel is accessible regardless of their financial circumstances. With a contingency fee policy, the client pays a percentage of their case award as their attorney’s fee, but only if they win their case.

Whitlock Law, LLC, has years of experience helping injured clients throughout the state navigate all types of complex civil claims for damages, and our firm is ready to help you navigate your impending bicycle accident case. Contact Whitlock Law, LLC, today to schedule a free initial consultation with a trusted Maryland bicycle accident lawyer, and we can explain the various legal services we can provide to help with your recovery.