Westminster Motorcycle Accident Lawyer
When you get in a motorcycle accident, you can get badly hurt. Indeed, motorcyclists often suffer broken bones, cuts, scrapes, bruises, puncture wounds, and other serious injuries in crashes. Not only is paying for vehicle repairs and medical treatment very expensive, but there may also be mental and physical effects from the accident that will stick with the victim long afterward – sometimes for the rest of their lives.
We can help you if you got injured in a motorcycle crash. Our attorneys have handled many of these cases, so we know how to effectively gather evidence, build a strong legal argument, and fight hard for you in court so that you stand the best chance of holding the defendant accountable for your injuries.
Discuss your claim for free with our motorcycle accident lawyers by calling Rice, Murtha & Psoras at the number (410) 694-7291.
Assumptions about Motorcyclists in Westminster Motorcycle Accident Lawsuits
There is a stereotype about motorcycle riders that they are thrill-seekers, risk-takers, and generally unconcerned with their own safety. Indeed, many motorcycle crashes are incorrectly assumed to happen because the rider was inexperienced or did something stupid. Our motorcycle accident lawyers know that this is far from the truth. Many motorcyclists take safety very seriously and put a great deal of effort into keeping themselves safe and understanding their vehicle.
Unfortunately, a canny defense attorney may try and characterize you as a reckless motorcyclist rather than a responsible one to try and capitalize on this stereotype. We will not let that happen and will ensure you are represented accurately to the judge and jury in your case.
Parties You Can Sue in Westminster Motorcycle Accident Claims
When you file a lawsuit after a motorcycle crash, it is important that you file it against the right parties. The law only lets you get financial compensation from parties that actually caused your injuries, so you should only include parties that had a hand in your injuries in your claim. That is not to say that you cannot sue multiple parties in your lawsuit. In fact, it is very often the case that several parties had a hand in causing a motorcycle crash.
Drivers
You can sue other drivers when their negligence causes an accident. Driver negligence can take a lot of different forms. Breaking traffic laws by texting while driving, driving drunk, speeding, and other violations is considered negligence because it is against the law. Additionally, if a driver acts “unreasonably,” they can also be considered negligent even though they may not necessarily have broken any laws. It is up to a jury to determine whether a driver was “unreasonable” or not, so our lawyers will work hard to make them see that is the case.
Designers, Manufacturers, and Repair Shops
If an accident was caused by a problem or defect in your motorcycle or another vehicle, you can sue one of several different parties depending on what caused the defect. Generally, a defect can be either a design defect or a manufacturing defect. Design defects are “baked into” the design of the vehicle. Even one made exactly to specifications will have dangerous problems. For example, if a motorcycle gas tank is in a position where it is likely to get hit and ignite its contents, that motorcycle can be said to have a design defect.
Manufacturing defects arise out of mistakes made somewhere along the way. For example, if the frame of your bike was built using substandard materials, the bike is defective not because of its design but because of poor manufacturing. Similarly, if a repair shop does a bad job installing brakes, wiring electrical components, or something else, the vehicle is not defective because of its design but because of the repair shop’s negligence.
Where the defect arose in the process determines who you sue. If a design defect caused the accident, you sue the vehicle designer. If a manufacturing defect causes it, you sue the manufacturer, and for problems that arise out of maintenance, you sue the mechanic or repair shop that worked on the vehicle.
Employers
In some circumstances, you may be able to sue an employer for the negligent conduct of their employees. Under “respondeat superior,” you are allowed to sue employers for their employee’s negligent acts so long as the employee was doing something related to their job. For example, if a food truck hits you on the way to their location for the day, you can probably sue their employer because driving to their food-selling destination is related to their job.
Government Entities
Under some circumstances, such as when a road is left in a state of disrepair and causes an accident, you can sue Maryland government entities in your lawsuit. There are some specific rules and procedures that need to be followed to do this, so you should bring that possibility up early on in discussions about your case.
Motorcycle Helmet Laws in Westminster
Under Md. Code, Transp. Art., § 21-1306(b), all citizens are required to wear a helmet when riding a motorcycle in Maryland. Indeed, most motorcyclists are very safety conscious and always wear helmets and other safety gear. However, for whatever reason, sometimes motorcyclists find themselves without their helmets during an accident. When that happens, they may be concerned that not wearing a helmet could hurt their case because it is against the law.
Luckily, under § 21-1306(e), the fact that a plaintiff was not wearing a helmet cannot be used in court to show that they were negligent or to lower the damages they can receive unless failure to wear a helmet is directly related to certain issues in certain cases pursuant to § 21-1306(e)(3)(i). For example, if a plaintiff alleges that a defective helmet caused their injuries, the defense attorney can bring up the fact that the plaintiff was not wearing a helmet in the first place.
Get Help from Our Westminster Motorcycle Accident Lawyers Today
The motorcycle accident lawyers from Rice, Murtha & Psoras offer free case reviews when you call (410) 694-7291.