Gaithersburg Motorcycle Accident Lawyer
Motorcycle enthusiasts enjoy all of the thrills and exhilaration riding on the open road brings. However, motorcyclists are exposed to unique dangers and risks that other drivers do not experience. the structure and size of their motorcycles make them more vulnerable to negligent drivers and poor road conditions.
Our Gaithersburg motorcycle accident lawyer has years of experience assisting individuals injured due to accidents that occurred while riding. Call Rice, Murtha & Psoras at (410) 694-7291 to schedule a free consultation.
The Dangers of Riding Motorcycles in the Gaithersburg Area
Motorcyclists, just like other motorists, have the right to use and enjoy the road. They also have a reasonable expectation that other drivers will operate their vehicles in a safe and careful manner. Some of the factors that lead to accidents with motorcycles include:
- Distracted driving is especially dangerous to motorcyclists due to the small profile they present. Driving while texting, playing with the radio, eating, or talking with other passengers could place people on motorcycles at serious risk.
- Driving while impaired or under the influence of alcohol, drugs, or certain prescription medications is always dangerous. If a driver’s mental ability is compromised and their reaction time is significantly slowed, they present a danger to motorcyclists.
- Reckless and careless driving encompasses multiple behaviors, including driving at excessive speeds, failing to properly check mirrors when changing lanes, and ignoring traffic signs. These behaviors could all contribute to devastating accidents involving motorcycles.
- Sometimes accidents occur through no fault of the driver when their car or motorcycle malfunctions.
- Defects in the road are especially dangerous to motorcyclists. Uneven pavement, potholes, and poorly maintained signage or lane stripes could result in catastrophic injuries to riders.
Single Vehicle Accidents Involving Motorcycles
Often, motorcycle accidents do not involve any other vehicles. the motorcyclist loses control and slides off the roadside or hits a guardrail. This does not mean the motorcyclist was at fault. Different factors that could lead to a single-vehicle accident include:
- Manufacturing or design defects in the motorcycle or an improperly repaired bike might malfunction, causing a rider to crash.
- Dangerous road conditions such as potholes or uneven road surfaces could cause a motorcyclist to lose control.
- A motorcyclist could fail to maintain control of their bike if the roadway is covered with a foreign substance, such as oil or sand.
- Debris left on the roadway, such as boxes, wood, or construction equipment, could cause a motorcyclist to quickly change direction, losing control of their vehicle.
Often, a police report will list the cause of a single-vehicle accident as speeding or reckless driving on the part of the motorcyclists. it is essential to have the representation of our Gaithersburg attorney to establish the facts and actual cause of your accident.
Pursuing Damages from a Negligent Driver for a Motorcycle Accident in Gaithersburg
A motorcycle accident claim is the same as any other personal injury lawsuit. To prove negligence, an injured rider must establish that the defendant owed them a duty of care. In situations involving automobile or motorcycle accidents, every driver has a duty to operate their vehicle with the same skill and care that a reasonably prudent driver would in a similar situation.
Next, the injured motorcyclist must show that the other driver breached their duty by deviating from this standard of care. Often, other drivers fail to notice motorcyclists because their vehicle is typically the smallest one on the road. If a motorist is not paying attention to the roadway or driving recklessly, their conduct could be a breach of the duty of care.
Once a duty of care and a breach of that duty has been established, the injured motorcyclist needs to prove that their injuries were a direct result of the driver’s breach. This means that the victim would not have been injured if the defendant had been adhering to the duty of care.
Finally, the injuries sustained must give rise to actual damages. Damages can be either economic or non-economic. Motorcycles provide little to no protection for their riders. Therefore, collisions with other vehicles are often catastrophic. Some typical injuries include head and neck injuries, spinal cord damage, brain damage, fractures, and lacerations. Victims of devastating accidents involving motorcycles could miss a significant amount of work or be permanently paralyzed. the expense for medical care and physical therapy might strain an injured motorcyclist’s financial resources. Additionally, a life-changing injury could have long-lasting emotional effects. Our Gaithersburg motorcycle accident attorneys will work to ensure you receive the compensation you deserve.
Contributory Negligence Doctrine in a Gaithersburg Motorcycle Accident Claim
Maryland follows the harsh contributory negligence doctrine. Under this doctrine, if a motorcyclist is found to be partially at fault in an accident, they are prohibited from collecting any compensation from the other driver. Often, insurance companies will cast motorcyclists in a poor light to try to establish that their recklessness contributed to an accident. For example, the defendant or their insurance company will attempt to show that the motorcyclist was unsafely weaving between lanes or riding at an excessive speed.
The experienced Gaithersburg motorcycle accident lawyers at Rice, Murtha & Psoras will prepare a case to contradict any claim that the motorcyclist was at fault. This includes collecting evidence from the accident, including police reports, eyewitness testimony, and photographs of the accident location and vehicles. Additionally, we will employ the services of medical experts or accident reconstruction specialists to prove the defendant was responsible.
Call Our Gaithersburg Motorcycle Accident Lawyer for a Free Consultation
If you sustained an injury or if a loved one was killed in a motorcycle accident, you need the assistance of our seasoned Gaithersburg motorcycle accident lawyer. Call the Gaithersburg personal injury lawyers of Rice, Murtha & Psoras at (410) 694-7291 to schedule a free consultation.