Hyattsville, MD Motorcycle Accident Lawyer

Motorcycle accident victims in Hyattsville are known to suffer catastrophic injuries. If you have been injured by a negligent driver, our lawyers can help you get compensation for your losses.

Motorcycle accidents can occur in countless ways, but many of them are the fault of careless drivers. Our lawyers understand the challenges riders face when pursuing compensation and can help your case. Defendants can sometimes get out of liability by placing some of the blame on the motorcyclists. Our team will help you fight these claims so you get the damages they caused covered. Without an attorney, the insurance company might deny your claim under a false pretense. We can file a lawsuit on your behalf to show that you are serious about recovering compensation.

For a free case review with our motorcycle accident attorneys, call Rice, Murtha & Psoras at (443) 339-8368.

How a Motorcycle Accident Lawyer Can Help You in Hyattsville, MD

Motorcycle accidents in Hyattsville are often devastating. Depending on your injuries, you might need some time before filing a claim. If the thought of pursuing compensation is giving you anxiety, our motorcycle accident attorneys can ease the stress by handling every aspect of your case. Our job is to prepare your claim, gather evidence, and negotiate on your behalf. This allows you to focus on recovering from your injuries while we worry about the legal issues.

Our lawyers will review your case to determine the best options to recover compensation. If your injuries or damage to your bike is minimal, we might be able to cover your damages by filing an insurance claim. At-fault insurance rules are used for Hyattsville motorcycle accident claims. Under these rules, the first step is usually filing an insurance claim. However, our attorneys will typically file a lawsuit around the same time.

Filing a lawsuit is a bit more complicated than filing for insurance. After gathering evidence, our team will draft a complaint that lays out how your accident occurred, how the defendant caused it, and what damages you are claiming.

From there, we will conduct “discovery,” which allows you to get evidence in the defendant’s possession. If you were filing a claim on your own, the defendant might ignore these demands. When your attorney demands your evidence in a lawsuit, they are required to hand it over. If the defendant withholds relevant evidence, we can file a motion to get it and potentially additional damages.

Most of the time, we can settle these claims before a trial is necessary. If the insurance company refuses to pay the claim, the next step is to prepare you for court. We will coach you on what to expect during the trial, including preparing you for questioning when you take the stand.

How Contributing to Your Motorcycle Accident in Hyattsville, MD Can Hurt Your Case

Contributory negligence is arguably one of the most unfair legal rules in this state. That is because “pure” contributory negligence is used to determine fault after an accident. Under this standard, victims are barred from recovering any compensation at all if they are found even minimally at fault for the accident. Suppose the defendant was found 99% at fault for the crash, and you were only found 1% negligent. You might be surprised to learn that this would still prevent you from recovering damages.

The contributory negligence rule in Hyattsville stands in stark contrast to other standards around the country. Most states apportion fault between the plaintiff and defendant, typically reducing the damages by the percentage of fault assigned by the jury. The Maryland Supreme Court had an opportunity to address the issue in Coleman v. Soccer Ass’n of Columbia but ultimately decided that the rule must be changed by the legislature, not the court. While this outdated rule might one day change, it is still the law in Hyattsville.

Of course, this is a serious concern for motorcycle accident victims. Many insurance providers and defense lawyers rely on this harsh rule to save their clients money. They will often try to take advantage of the biases some have against motorcycles. Our attorneys can help by providing evidence that refutes these claims. If the jury did find you partially responsible, we might be able to fight it on appeal to the Maryland Appellate Court.

What Damages Are Available in a Hyattsville, MD Motorcycle Accident?

Working with our team is usually the best way to assess the many damages you might have from your motorcycle accident. Many accident victims are not fully aware of all the types of losses that can be claimed as damages. With our team’s help, you can rest easier knowing that the injustices you suffered are being reflected in your claim.

Economic Damages

You will likely first think of your immediate costs. For instance, you might have overwhelming medical expenses as many motorcycle accidents result in serious injuries. We can accurately calculate these damages. What you might not know is that you are also entitled to the costs of future medical care you might need. Be sure to save all your medical records, including invoices and doctor visits.

Many victims also need compensation for the damage to their motorcycles. Even a minor accident can cause significant body and mechanical damage to your ride. As such, repairs might be costly, or you might need a completely new motorcycle.

You can also claim lost wages if you were not able to work while you recovered. However, if you were able to work but in a limited capacity because of your injuries, we can help you claim the difference in pay you lost out on. You can also include lost earning potential, like lost promotions and raises, that you might miss out on if you suffered significant injuries with long-term effects.

Non-Economic Damages

Another important aspect of your damages is your “pain and suffering.” These are non-economic damages meant to compensate you for how you have been affected by the accident and your injuries.

The court recognizes many types of subjective losses that you can claim in your lawsuit. Emotional anguish and physical pain are often claimed as non-economic damages. For example, you might live with physical pain from your injuries that no amount of treatment will fix.

Your mental anguish could also lead to depression, humiliation, and anxiety about getting back on your motorcycle. You can claim these damages and more as part of your non-economic damages.

The only drawback is that non-economic damages are limited to a certain amount. Under Md. Code Cts. and Jud. Proc. Art. § 11-108(b), pain and suffering is currently capped at $935,000, but this limit increases by $15,000 every year on October 1st.