Maryland Motorcycle Accident Lawyer

Maryland Motorcycle Accident Attorney

Motorcycles are popular, and many people enjoy riding without any issues. However, it is vital for every rider to understand the risks they face on a motorcycle. Even the most cautious and experienced motorcyclists cannot always predict how others will behave on the road. If you or a family member was recently hurt in a motorcycle crash, you need to speak with a Maryland motorcycle accident lawyer as quickly as possible.

Helping Motorcycle Accident Victims Recover

Whitlock Law, LLC,  offers client-focused legal counsel for a wide range of personal injury claims, including motorcycle accident cases. If you are unsure how to recover from your recent accident or if you do not know how to prove that another driver caused your accident, we can provide the guidance and support you need in this difficult situation. Our goal for every case we accept is maximum client recovery in the shortest amount of time.

Morgan Whitlock and her team can carefully review the details of your accident, including a review of the police report, medical reports from the treatment of your injuries, and a thorough analysis of the various financial effects your accident has had on your life. We’ll help determine fault for the accident and then develop a comprehensive strategy for maximizing your recovery, likely through both auto insurance and a personal injury suit against the at-fault driver.

An injured motorcycle accident victim has the greatest chance of recovering as fully as possible from their accident when they have legal counsel they can trust on their side. If you tried to handle your case on your own, you would confront legal issues that you would not know how to resolve, and you could make unintentional errors that jeopardize your recovery. Hiring experienced legal counsel eliminates these risks and increases your chance of success.

How to Prove Fault for Your Motorcycle Accident

The state uses the fault rule to resolve motor vehicle accident claims. This means that the party at fault for causing an accident absorbs liability for all the resulting damages. Before you can recover compensation for your damages, you will need to prove how those damages happened. Most of the motorcycle accidents reported in the state occur because of driver negligence, but it is also possible for an accident to happen due to illegal misconduct.

Determining the exact cause of your recent motorcycle accident is a vital first step in the recovery process. Whether the accident resulted from another party’s negligence or illegal misconduct, you need to prove the exact cause before you can recover compensation. Some of the most commonly cited causes of motorcycle accidents include:

• Distraction. Distracted driving is a pervasive problem throughout the United States and one of the most common causes of all vehicle accidents throughout the country each year. Cell phone use while driving and other distractions are easily capable of causing tremendous harm. Your Maryland motorcycle accident lawyer can help secure cell phone data and other evidence to prove an at-fault driver was distracted behind the wheel.
• Moving violations. Every driver has a duty of care to follow posted traffic signals and yield the right-of-way when necessary. When a driver commits a moving violation, such as an illegal turn or running through a red light or stop sign, they can easily cause serious accidents. Traffic camera footage and witness testimony are typically some of the most crucial evidence for establishing fault for accidents from moving violations.
• Speeding. It is dangerous for any driver to exceed the speed limit as speeding increases not only the chances of an accident happening but also the severity of any resulting injuries if an accident does occur. Your attorney can seek vehicle black box data, traffic camera recordings, and other evidence needed to prove that the driver who caused your accident did so by speeding.
• Intoxicated driving. It is illegal for any driver to operate their vehicle while under the influence of drugs or alcohol. However, driving under the influence (DUI) consistently ranks as one of the leading causes of vehicle accidents in the state each year. The driver at fault for the accident is likely to face criminal charges from the state, and your Maryland motorcycle accident lawyer can explain how this may affect your recovery.

No matter how your accident happened, you must prove that the other driver’s negligence or intentional misconduct directly caused the accident and then prove the full extent of the damages you suffered.

If the other driver was negligent, proving negligence will require establishing a few foundational facts. First, you must prove they owed a duty of care in the situation, and then you must show how they breached this duty of care. For example, every driver has a duty of care to operate their vehicle attentively, and distracted driving would be a breach of this duty of care. Next, you must prove that their actions resulted in actual harm.

The term “actual harm” means any tangible or measurable loss resulting from another party’s actions. You only have grounds to pursue a civil suit if you suffered a loss, and you will not only need to prove the full extent of your losses but also establish causation with the defendant’s actions. This means your claimed damages must have occurred because of the defendant’s actions and not from any other cause.

Alternatively, if your accident was the result of any illegal misconduct like DUI, the defendant is likely to face a criminal case from the state alongside your civil claim for damages. These cases will unfold separately but may interact. For example, if you suffered a personal injury because of an illegal act, it could open the door to you receiving punitive damages, and if a defendant broke the law, they face a harsher sentence if their actions harmed another party.

Filing Your Auto Insurance Claim for a Motorcycle Accident

Every driver in the state is required to have personal auto insurance coverage, and an individual policy must meet specific coverage requirements for both property damage liability coverage and bodily injury liability coverage. At a minimum, an individual policy must include at least $15,000 for property damage and at least $30,000 for bodily injury per person injured in an accident, with a per-accident minimum of $60,000 for all persons injured by the policyholder.

These coverage requirements may be enough to cover the losses resulting from a minor accident, but the victim of a serious accident is unlikely to fully recover their losses through an auto insurance claim alone. There is also the chance that the at-fault driver will not have auto insurance, and even if they do, dealing with insurance companies can be very difficult. They will typically look for any justifications they can find to deny a claim or offer a lowball settlement.

When you have a motorcycle accident lawyer representing you in Maryland, they can help you navigate the auto insurance claim filing process more easily, and you will be better prepared to confront any unexpected complications you encounter with your claim. Once the insurance company notices that you have legal representation, they will be far less inclined to attempt any bad-faith tactics, and your attorney can ensure you receive a fair settlement offer.

Contributory Fault in Accident Cases

When it comes to recovering from your motorcycle accident in the state, it is crucial to remember that you must not share fault; otherwise, you will not be able to claim compensation from any other liable party. The state enforces a contributory negligence rule, which many believe to be unfair to plaintiffs. Under this rule, if a plaintiff bears even slight fault for causing their claimed damages, they lose the right to file a civil claim against a defendant.

If the driver who caused your accident asserts contributory negligence, their insurance company may refuse to pay out your claim for compensation. You will need to disprove their allegation and clearly establish fault for your damages before you can recover your losses. This is yet another reason it is so crucial to have a Maryland motorcycle accident lawyer representing your case.

Building a Personal Injury Suit for a Motorcycle Accident

Ultimately, you may not be able to recover all your damages through insurance, or the driver who caused your motorcycle accident may not have insurance. In these situations, a personal injury claim enables you to seek compensation for the full extent of the damages the defendant inflicted with their negligence or illegal misconduct. You will need to firmly establish fault for the accident before you can recover any compensation from the defendant.

After your motorcycle accident lawyer has helped you gather the evidence needed to prove liability and you have disproven any allegations of contributory fault, you can proceed with claiming compensation from the defendant. Under the state’s personal injury statutes, it is possible for a successful motorcycle accident claim to yield compensation for economic and non-economic damages.

Economic damages are more straightforward, typically proven with documentation proving they directly resulted from the accident. The economic damages you are likely to recover from a successful personal injury claim include:

• Property losses. You can claim compensation for the cost of repairing or replacing your motorcycle as well as any other personal property lost in the accident. Insurance may cover some of these losses, but any remainder that insurance can’t cover may be cited as economic damages in your personal injury suit.
• Medical expenses. A motorcycle accident has a high chance of causing multiple serious injuries. The defendant who injured you is liable for the entire extent of medical expenses you face after the accident, including the cost of necessary ongoing care. Your Maryland motorcycle accident lawyer can consult your medical care team to ensure all your medical expenses are appropriately addressed in your civil suit.
• Lost wages. The victim of a motorcycle accident may be unable to work for an extended period of time as they recover. If this applies to your situation, the defendant is liable for the income you are unable to earn during this time. You also have the right to claim compensation for lost future earning capacity if your accident has left you permanently disabled and you will not be able to return to work in the future.

Your Maryland motorcycle accident attorney can help you accurately calculate the full extent of the immediate and future economic losses you can seek from the defendant in your case. The average person may be able to assess their immediate losses, but calculating projected future damages is more challenging. Additionally, your attorney can help determine an appropriate amount of pain and suffering compensation to seek from the defendant.

When you hear the term “pain and suffering,” you might think it would be difficult to assign monetary value to your intangible losses, such as the physical pain and psychological distress the defendant caused. State law caps non-economic damages in personal injury claims, so there is a limit to how much a plaintiff can receive, even if the plaintiff suffered life-changing injuries.

A Maryland motorcycle accident lawyer can help maximize this aspect of your claim and extract maximum value from your case. If you suffered any permanent harm from the accident, you have the greatest chance of securing the maximum limit of pain and suffering compensation possible when you have a trustworthy attorney handling your case.

Find Your Attorney Today

Time is one of the most important variables you face in the aftermath of a motorcycle accident. You have a time limit for pursuing recovery, and you need to start gathering evidence to support your claim as quickly as possible. If you were severely injured, or if you must pursue compensation on behalf of a catastrophically injured family member, confronting your legal affairs and your medical needs all at once on your own would be overwhelming.

Whitlock Law, LLC, is ready to help you navigate your recovery efforts with confidence and peace of mind. The faster you connect with us after your accident, the more easily we can allocate time and resources to assisting with your recovery. Our goal is to help you firmly establish liability for your motorcycle accident and hold the at-fault driver fully accountable for the damages they inflicted.

FAQs

Q: What Are the Most Common Injuries From Motorcycle Accidents?

A: A few of the most common injuries from motorcycle accidents include bone fractures, some of which may be severe and require surgical correction, traumatic brain injuries, spinal cord injuries, and severe skin damage from sliding on asphalt, commonly called road rash. Motorcycle accidents have a higher chance of causing severe injuries than passenger vehicle accidents due to the fact that the motorcycle provides no physical protection to the rider.

Q: How Much Compensation Can I Claim for a Motorcycle Accident?

A: The amount of compensation you can claim for a motorcycle accident depends on the extent and severity of the harm you suffered. The party responsible for causing the accident is liable for your vehicle repair costs, medical expenses, lost wages, and your pain and suffering. You may be able to recover some losses through an auto insurance claim, but a personal injury suit can enable a fuller recovery when you have the right attorney assisting you.

Q: What Happens if the At-Fault Driver Does Not Have Auto Insurance?

A: If the at-fault driver does not have auto insurance, you can file a claim against your own policy if you have purchased uninsured motorist coverage. However, if you do not have this coverage option, you would need to file a personal injury suit directly against whoever caused your accident. Your Maryland motorcycle accident lawyer is your most valuable asset for navigating all insurance-related issues following your accident.

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

A: You should hire a Maryland motorcycle accident lawyer because you are more likely to succeed with your legal efforts to recover and more likely to maximize your total recovery with their assistance. Your attorney can handle your legal affairs for you so you can focus on your recovery with peace of mind, and they may uncover channels of compensation you did not realize were available to you.

Q: What Are Attorneys’ Fees for a Maryland Motorcycle Accident Lawyer?

A: Attorneys’ fees for a Maryland motorcycle accident lawyer will only be a percentage of your total case award if you choose Whitlock Law, LLC, to represent you. We offer contingency fee billing, which means you pay a percentage of your case award as our fee only after we have won your case. This policy ensures that you do not pay more in legal fees than you win in compensation and that legal counsel is accessible when you need it most.

Whitlock Law, LLC, has the experience necessary to resolve the toughest motorcycle accident claims for our clients throughout the state. If you believe your recent accident resulted from another party’s actions, our firm can guide you through the process of holding them accountable and recovering the compensation you deserve. Contact us today to schedule a free consultation with an experienced Maryland motorcycle accident lawyer about your case.