Mt. Airy, MD Motorcycle Accident Lawyer
Motorcycle crashes happen every day, and people often get seriously hurt in these accidents. It is not unusual for victims of motorcycle collisions to have broken bones, traumatic brain injuries, and more. Paying for treatment for those serious injuries can be quite expensive, even with the help of good insurance policies. On top of that, the mental toll of dealing with injuries, potentially for the rest of the plaintiff’s life, can be tremendous.
If you were hurt, seriously or not, in a motorcycle crash, call our office. Our lawyers know how to handle these cases inside and out. We can deal with tracking down witnesses, talking to medical centers to get evidence, and all the other things that go into building cases so that you can focus on returning to some sense of normalcy after your accident.
Rice, Murtha & Psoras has motorcycle accident lawyers who can analyze your claim for free when you call (410) 694-7291.
How Long Do I Have to Sue Someone for a Motorcycle Accident in Mt. Airy, MD?
You cannot wait forever to file your lawsuit after a motorcycle crash. Each state has sets of laws called statutes of limitations that put timers on how long plaintiffs have to sue for a given grievance. In Maryland, the time limit for motorcycle accidents is three years pursuant to Md. Code, Cts. & Jud. Proc. Art., § 5-101. After those three years are up, you will lose the ability to file a lawsuit or collect damages. Since a lot of things can come up between deciding to file a claim and actually getting it filed, it is always a better idea to talk to our motorcycle accident lawyers sooner rather than later.
Who Can You Sue in Mt. Airy, MD Motorcycle Accident Cases?
In personal injury cases, you sue parties that you allege negligently caused your injuries. There can be multiple parties you may want to sue in a motorcycle accident lawsuit, including:
Other Drivers
First and foremost, you can sue other motorists who hit you in a motorcycle accident lawsuit. Drivers can be negligent in many ways. In court, you can prove that a driver was negligent either by demonstrating that they violated a traffic law or by demonstrating that they acted unreasonably under the circumstances. For example, if you show that the driver was speeding, that shows that they violated a traffic law and, therefore, acted negligently. Whether a driver acted reasonably under the circumstances is something that is going to differ from case to case and is ultimately up to the jury, so our lawyers will work hard to show them exactly how the defendant’s actions were unreasonable in your situation.
Employers
You may also be able to sue someone’s employer in a motorcycle accident lawsuit. Under something called “respondeat superior,” you can hold employers liable for the negligent actions of their employees so long as that employee was doing a work-related activity at the time of injury. For example, if the person who hit you was driving a company vehicle on the way to provide a service to a client, that would be a work-related activity, and the driver’s employer would be liable for your injuries. However, if they are instead driving that vehicle to their friend’s house to watch Netflix all day, that is not work-related, and their employer would likely not be liable for their conduct.
Vehicle Designers and Manufacturers
Sometimes, motorcycle accidents happen because another vehicle – or indeed your motorcycle – has a defect. Vehicles are considered “defective” when they have an issue that is going to hurt someone when they are operated in their intended manner. For example, a car with shoddy electrical wiring is defective because it will not adequately respond to driver input.
Who you sue if a motorcycle accident happens because of a vehicle defect largely depends on when the defect arose. If the defect is inherent in the vehicle’s design, you will sue the party responsible for designing the vehicle. However, if the defect comes from a mistake made along the way, it would be better to sue the vehicle manufacturer or a repair shop.
Helmet Laws in Mt. Airy, MD Motorcycle Accident Lawsuits
Pretty much every responsible motorcyclist wears a helmet when they are riding their bike. Wearing a helmet is not just a good idea; it is required by law. Per Md. Code, Transp. Art., § 21-1306(b), motorcyclists must wear approved protective headgear when operating their vehicle. All that being said, many motorcycle accidents occur when the rider is not wearing a helmet. This could be because the motorcyclist made a choice not to wear their helmet, or it could be for another reason. For example, a motorcycle rider could have just got on their bike when a car hit them before they could don their helmet. In that case, the rider may be considered to be “operating” their vehicle without a helmet.
If your motorcycle accident occurred when you were not wearing a helmet – for whatever reason – you may be concerned that the fact that you were helmetless will be used against you in court. Luckily, most of the time, failure to wear a helmet cannot be introduced into a lawsuit per § 21-1306(e). The only time failure to wear a helmet can be introduced as an issue is when the lawsuit alleges that a helmet was defective. For example, if a plaintiff claims that a helmet was defective and they got hurt, the defense can introduce evidence that the plaintiff was not wearing a helmet.
Get Help from Our Mt. Airy, MD Motorcycle Accident Lawyers Today
Dial (410) 694-7291 to speak with the motorcycle accident lawyers from Rice, Murtha & Psoras about your claim today.