Baltimore Motorcycle Accident Lawyer
Why Choose a Baltimore Motorcycle Accident Lawyer at Bob Katz Law?
- At Bob Katz Law, we know all about motorcycle accidents in Baltimore, and we’ve helped many people just like you. We’ll fight for your rights and make sure you get the money you deserve.
- We care about our clients. We’ll listen to your story and answer all your questions.
- We’ll explain everything in simple terms, so you always know what’s going on with your case.
- We have successfully represented injured clients for more than 40 years.
- We have recovered hundreds of millions of dollars in compensation for our clients and we fight every day for clients to help make sure they are fairly and fully compensated for their losses.
- We have an A+ rating with the Better Business Bureau and have more than 285 five-star reviews amassed from prior satisfied clients.
Choosing Bob Katz Law means you’ll have a strong team on your side. We’ll deal with the insurance companies and handle all the paperwork. This way, you can focus on getting better.
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You May Be Entitled to Compensation if You Are Injured
If you or someone you love enjoys riding a motorcycle, you know they have the same right as any other law-abiding citizen to drive on the roads in Maryland or Virginia. Motorcyclists are entitled to the same protection of the laws as any other vehicle operator on the roadway.
Nevertheless, some factors make motorcycle collisions more difficult than a regular car accident case, and in many cases, it would be prudent for an injured motorcyclist to hire an attorney.
How much is my motorcycle accident claim worth?
It’s hard to say exactly how much your motorcycle accident claim is worth without knowing all the details. Every case is different.
But there are some things that can affect how much money you might get:
- How badly you’re hurt. If your injuries are serious, you might get more money.
- Medical bills. The more medical care you need, the more your claim might be worth.
- Lost wages. If you had to miss work because of the accident, you could get money for that.
- Pain and suffering. This is money for how much the accident has affected your life.
- Who was at fault? If the other driver was clearly to blame, you might get more money.
- Insurance limits. The amount of insurance the other driver has can affect your claim.
To get a better idea of what your claim might be worth, talk to a lawyer. They can look at all the details of your case and give you a good estimate.
Remember, insurance companies often try to pay as little as possible. That’s why having a lawyer can help. They know how to negotiate and fight for the money you deserve.
What is the Average Payout for a Motorcycle Accident in Baltimore, MD?
Motorcycle accident payouts in Baltimore can vary a lot. They might be a few thousand dollars or over a million. The average is usually between $20,000 and $200,000.
But every case is different. Things like how bad you’re hurt, your medical bills, if you can work, and who caused the accident can change how much money you get.
Your case might be worth more or less than these numbers. That’s why it’s smart to talk to a lawyer. They can look at your specific situation and tell you what to expect. Don’t assume you’ll get the average amount – your case is unique.
Settlement Of A Case For $700,000.00 For A Motorist Injured In A Head-On Collision.
Verdict Of $248,000.00 For A Motorist Who Injured His Lower Back.
Verdict Of $220,000.00 For A Motorist Who Injured Her Lower Back.
Is the Deck Already Stacked Against You?
To a motorcycle enthusiast, there is simply no greater feeling than riding fast on the open road with the wind at your back. Nevertheless, motorcycles and the individuals who operate them are both viewed by the public at large as unsafe.
This perception of motorcycle operators being “rebels without a cause” is likely due to statistics released by the National Highway Traffic Safety Administration, which indicate that a motorcyclist is, on average, five times more likely to be injured in a roadway accident.
If you’ve been injured in a motorcycle accident, the general public’s perception may already be working against you. A recent study stated that over 2,600 motorbike crashes occurred in the state of Maryland in just one year. The same study also stated that approximately 69 of these crashes were deadly for the motorcyclist.
Additional data has shown, for example, that in 2010, over 4500 motorcycle accidents resulted in fatalities. Motorcycle accidents have estimated over 12 billion dollars in medical expenses and loss in productivity. The Centers for Disease Control & Prevention did a study in June 2012 that shows that universal helmet laws could save money, in addition to lives.
The study explains how helmet use can drastically reduce the cost of medical expenses when an accident occurs, as well as fatalities. The Centers for Disease Control & Prevention also reports that motorcycle accidents have more than doubled between 1999 and 2008.
What most people don’t account for is that frequently, another driver – whether intoxicated, driving recklessly, or failing to notice the motorcyclist – is the one that causes the fatal crash and winds up walking away with minimal to no injury.
Additionally, although riding a motorcycle can be a fun and efficient way to travel, motorcycle accidents, when they occur, are more likely to result in serious and debilitating personal injuries and even death. For example, although they account for only 2.5% of registered vehicles in Maryland, motorcycle accidents involving motorcycle riders account for 15% of all traffic fatalities.
Why Public Perception Matters
Maryland, Virginia, and Washington, DC, all employ doctrines frequently referred to as contributory negligence and assumption of risk laws. What these laws do, is they operate as a complete defense to negligence claims where a Defendant can show that the motorcycle operator was contributorily negligent in some manner or otherwise assumed a known risk of injury.
Given the public perception of the danger of motorcycle operations and the high likelihood of injury or death in a collision, these defenses presented by the insurance companies are often successful.
Accordingly, motorcycle operators who are victims of negligence of third-party drivers will likely need to present their case in the strongest light possible. In some instances, hiring an experienced attorney or legal team will be the wisest course of action.
We can help! Call a Baltimore motorcycle accident attorney for a free consultation at 410-576-4287.
Back to the Basics: Contributory Negligence and Maryland Car Accidents
What are Common Injuries from Motorcycle Crashes in Baltimore?
Motorcycle crashes can cause all kinds of injuries. Some are minor, but others can be very serious. Here are some of the most common injuries we see in Baltimore:
- Road rash: which happens when you slide on the road. It can be painful and leave scars.
- Broken bones: Arms, legs, ribs, and collarbones often get broken in motorcycle accidents.
- Head injuries: Even with a helmet, you can get a concussion or worse. Head injuries can be very serious.
- Spinal cord injuries: These can cause pain, numbness, or even paralysis.
- Internal injuries: Sometimes, organs get hurt inside your body. This can be very dangerous
- Cuts and bruises: Deep lacerations and contusions are common in most accidents.
- Knee injuries: Where your knees can get badly hurt if they hit the ground or another vehicle.
- Shoulder injuries: Commonly from falling off a motorcycle.
- Facial injuries: When your face hits something, you might need stitches or even surgery.
- Emotional trauma: Accidents can be scary and leave you feeling upset for a long time.
Remember, some injuries might not show up right away. That’s why it’s important to see a doctor after any motorcycle accident, even if you feel okay.
If you’ve been hurt in a motorcycle crash, make sure to keep all your medical records. These will be important if you need to make a claim or go to court.
Benefits of Hiring a Baltimore Motorcycle Accident Attorney
Hiring a motorcycle accident attorney in Baltimore can really help you out because they know the law and understand all the complicated legal issues, so you don’t have to.
Lawyers deal with insurance companies, which can be tricky, and they know how to talk to them to get you more money. They can figure out how much your case is really worth and fight to get you every penny you deserve.
Dealing with an accident is hard enough, so your lawyer can handle all the paperwork and phone calls, saving you time and stress. They gather the evidence needed to make your case strong and can take your case to court if the insurance company isn’t fair.
Also, knowing a professional is handling your case can give you peace of mind and help you relax and focus on getting better. A good lawyer has experience handling many cases like yours and knows what works and what doesn’t. Your lawyer’s job is to fight for you and your rights, always putting your interests first.
Having a lawyer can make a big difference in your case, working hard to make sure you get treated fairly and get the money you need to recover from your accident.
Damages for Motorcycle Accidents in Baltimore
When we talk about damages in a motorcycle accident case, we mean the money you can get to help make things right. There are different types of damages you might be able to get:
- Medical bills: Compensation to cover the cost of your hospital stays, doctor visits, medicines, and any other medical care you need because of the accident.
- Lost wages: If you had to miss work because of your injuries, you can ask for money to replace your lost pay.
- Property damage: You can receive money to fix or replace your motorcycle and any other things that were damaged in the crash.
- Pain and suffering: Where you seek money for the physical pain and emotional stress you’ve gone through because of the accident.
- Future medical costs: Sometimes, you may need more medical care in the future, and you can ask for money to cover those costs.
- Loss of earning capacity: If your injuries mean you can’t do your job like you used to, you might be able to get money for this.
- Emotional distress: This is for the mental and emotional problems the accident has caused you.
- Loss of enjoyment of life: If you can’t do the things you used to enjoy because of your injuries, you might get money for this.
- Punitive damages: These are extra damages that might be available if the person who caused the accident was really malicious or grossly negligent.
- Wrongful death damages: If someone died in the accident, their family might be able to get money for things like funeral costs and loss of support.
Motorcycle Personal Injury Laws in Maryland
A motorcyclist who is injured in an accident in Maryland or Virginia may be able to recover damages. Often, motorcycle accidents are caused by another vehicle driver not seeing the motorcycle or by not anticipating the space that a motorcyclist needs to react to their vehicle movements (such as braking or changing lanes).
In Maryland and Virginia, the negligence laws of these states operate to protect motorcycle riders from the careless mistakes of other vehicle operators, just as they would protect any other vehicle operator.
If you or your loved one was injured in a motorcycle collision, you may be entitled to compensation not only for medical bills, lost wages, and pain and suffering but also for the repair or replacement of your damaged motorcycle. You may also be entitled to compensation for reasonably foreseeable future medical treatment or other non-economic damages for serious injuries, such as:
- Closed-head injuries and accidental brain injury
- Death
- Bone fractures
- Spinal cord injury
- Serious abrasions
Maryland Helmet Laws
In 1967, the federal government required each state within the United States to implement a universal helmet regulation. This required each state to enforce laws that would mandate the use of helmets for all motorcycle drivers. In exchange, the federal government would allow those states to qualify for federal highway funds.
As of 1975, all but three states had complied with these regulations. However, in 1976 Congress revoked federal authority to enforce penalties for non-compliance. Therefore, many states began to relax helmet requirements for motorcycle operators. Most states enforced helmet regulations only for young or inexperienced drivers.
Maryland has a law that requires motorcyclists to wear DOT-approved helmets. In addition to helmets, all operators are required to wear protective eyewear. For more details on Maryland’s helmet law, see the Motor Vehicle Administration’s website. However, if you have already been in a motorcycle accident and were not wearing a helmet, you are not necessarily negligent.
In the 1970 Maryland case Rogers v. Frush, the Court of Appeals of Maryland ruled that riding a motorcycle without a helmet does not make a rider contributorily negligent and does not relieve automobile drivers of their obligation to drive their vehicles in a careful and prudent manner.
In the 1989 case of Doehring v. Wagner, the Maryland Court of Special Appeals revisited the issue of contributory negligence and not wearing a motorcycle helmet. In that case, the Court held that riding a motorcycle at high speed without a helmet at night and without headlights was contributory negligence.
However, many factors were at play in Doehring aside from the motorcyclist not wearing a helmet. Of course, wearing a motorcycle helmet in Maryland is always strongly encouraged, and motorcyclists could face steep fines for not doing so. Additionally, helmets have been proven to reduce the possibility of head trauma in motorcycle accidents.
Proving Fault in a Baltimore Motorcycle Crash
Proving who was at fault in a motorcycle crash is really important. It can decide whether you get money for your injuries or not.
So, how do you do it?
- First, collect evidence like photos of the accident scene, witness statements, police reports, traffic camera footage, and damage to the vehicles.
- Then, show the other driver was careless by proving they did something wrong, like speeding, running a red light, texting while driving, or not yielding the right of way.
- Next, prove their carelessness caused the accident. It’s not enough to show they did something wrong; you also have to show that’s what caused the crash.
- Show you were following the rules, driving safely, and obeying traffic laws. Sometimes, accident reconstruction experts can help figure out exactly what happened.
- Look for traffic violations, as a ticket can help prove they were at fault. If the other driver was drunk, that’s strong evidence they were at fault. Gather medical evidence, as your injuries can sometimes show how the accident happened. Check for vehicle defects because sometimes a problem with one of the vehicles might have caused the crash.
- Consider multiple factors, as often more than one thing contributes to an accident. Your lawyer will look at all possibilities. Remember, Maryland has a rule called contributory negligence, which means if you were even a little bit at fault, you might not be able to get any money. That’s why it’s so important to have a good lawyer who can prove the other driver was completely at fault.
Who Can You Sue in a Motorcycle Crash in Baltimore?
Often, the answer depends on who was involved in the accident and what happened. Here are some possibilities:
- The other driver: If they caused the accident, they (or their insurance company) should pay for your injuries.
- The vehicle owner: Sometimes, the person driving isn’t the owner of the car, and you might be able to sue the owner, too.
- The driver’s employer: When the person who hit you was working at the time, you might be able to sue their company.
- The government: When bad road conditions caused your accident, you might be able to sue the city or state government responsible for the road.
- A bar or restaurant: If a drunk driver hit you, you might be able to sue the place that served them too much alcohol.
- The motorcycle manufacturer: If your accident was caused by a problem with your motorcycle, you might be able to sue the company that made it.
- A repair shop: If recent work on your motorcycle was faulty, you might be able to sue the repair shop.
- Multiple parties: Often, more than one person or company might be responsible, so your lawyer will look at all possibilities.
- Your own insurance company: If the other driver doesn’t have insurance or enough coverage, you might need to make a claim with your own insurance.
- A parts manufacturer: If a faulty part on either vehicle caused the accident, you might be able to sue the company that made that part.
Most Common Causes of Motorcycle Accidents
- Cars turning left: Accidents often happen when a car turns left in front of a motorcycle.
- Speeding: High speeds make it hard to control a motorcycle and react to dangers.
- Drunk driving: Alcohol impairs reflexes and distance judgment.
- Lane splitting: Driving between lanes of cars is dangerous and often illegal.
- Sudden stops: Motorcycles may not stop in time when cars stop suddenly.
- Road hazards: Potholes, gravel, or wet roads are extra dangerous for motorcycles.
- Inexperienced riders: New riders are more likely to make mistakes.
- Distracted driving: Texting or other distractions can cause accidents.
- Car doors opening: Parked cars opening doors without looking can cause accidents.
- Weather conditions: Rain, wind, and fog make riding more dangerous.
- Tailgating: Following too closely reduces stopping time.
- Poorly maintained motorcycles: Brake or tire issues can lead to accidents.
- Blind spots: Motorcycles are small and hard for other drivers to see.
- Unsafe lane changes: Cars changing lanes without checking can hit motorcycles.
- Night riding: Reduced visibility at night leads to more accidents.
Filing an Insurance Claim for a Motorcycle Accident in Maryland
If you’ve been in a motorcycle accident in Maryland, you’ll need to file an insurance claim to get money for your injuries and damages. Here’s how you might do it:
- Always call the police after an accident. They’ll make a report that you’ll need for your claim.
- See a doctor right away, even if you don’t think you’re badly hurt. You’ll need medical records for your claim.
- Gather information: Get the other driver’s name, contact info, and insurance details. Take pictures of the accident scene and your injuries.
- Contact your insurance company: Let them know about the accident as soon as possible. They’ll tell you what to do next.
- Don’t admit fault: Be careful what you say to the other driver or the insurance company. Don’t say the accident was your fault.
- Keep records: Save all your medical bills, repair estimates, and any other papers related to the accident.
- Write down what happened: While it’s fresh in your mind, write down everything you remember about the accident.
- Be careful what you say: The insurance company might ask for a recorded statement. It’s best to talk to a lawyer before you do this.
- Don’t take the first offer: Insurance companies often offer less money than you deserve at first. Don’t accept an offer without talking to a lawyer.
- Consider hiring a lawyer: A motorcycle accident lawyer can help you file your claim and make sure you get a fair amount of money.
- File a claim with the other driver’s insurance: If the other driver was at fault, you’ll need to file a claim with their insurance company, too.
- Be patient: It can take time to settle an insurance claim. Don’t rush to accept a low offer just to get it over with.
- Appeal if needed: If your claim is denied, you have the right to appeal. A lawyer can help with this.
Frequently Asked Questions About Motorcycle Accident Lawsuit in Baltimore
Do I need a lawyer for my motorcycle accident case?
While you don’t have to have a lawyer, it’s usually a good idea. Lawyers know the law and can help you get more money for your injuries.
How long will my case take?
Every case is different. Some settle in a few months, while others take a year or more. Your lawyer can give you a better idea based on your specific case.
What if the other driver doesn’t have insurance?
You might be able to use your own uninsured motorist coverage. If you don’t have this, you might need to sue the driver directly. A lawyer can help you figure out your options.
Can I still get money if I wasn’t wearing a helmet?
You might still be able to get some money, but not wearing a helmet could reduce the amount. In Maryland, all motorcycle riders are required to wear helmets.
What if I was partly at fault for the accident?
Maryland has a strict rule called contributory negligence, which means if you were even a little bit at fault, you might not be able to get any money. That’s why it’s so important to have a good lawyer.
How much money will I get?
The amount depends on many things, like how badly you were hurt, how much your medical bills are, and who was at fault.
Will I have to go to court?
Most motorcycle accident cases settle out of court. But if the insurance company doesn’t offer a fair amount, your lawyer might recommend going to court.
What if the accident was caused by a road problem, not another driver?
You might be able to sue the government agency responsible for maintaining the road. These cases can be complicated, so it’s important to have a lawyer help you.
Can I still get money if I don’t have motorcycle insurance?
In Maryland, you’re required to have motorcycle insurance. If you don’t, it could make your case more difficult. Talk to a lawyer about your options.
What if the other driver left the scene of the accident?
This is called a hit-and-run. You should report it to the police right away. You might be able to use your own uninsured motorist coverage in this case.
How Much Time Do You Have to File a Lawsuit After a Motorcycle Accident (the Statute of Limitations)?
In Maryland, there’s a time limit for filing a lawsuit after a motorcycle accident, and it’s usually three years.
How Many Days Do You Have to Go to the Doctor After a Motorcycle Accident in Baltimore, MD
After a motorcycle accident in Baltimore, it’s crucial to see a doctor immediately to document your injuries and start treatment for a better recovery.
Insurance companies often get suspicious if you wait more than a week, and some injuries may not show up right away, so seeing a doctor within 72 hours is ideal.
Should You Accept a Settlement Offer from the Insurance Company?
After a motorcycle accident, the insurance company might offer you money to settle your case. Here’s what you need to know:
First offers are usually low, so don’t rush into a decision. Understand that accepting a settlement means you can’t ask for more money later, even if your injuries worsen. Know all your expenses and consider future medical costs before agreeing to a settlement. Get the offer in writing and understand the full value of your case; a lawyer can help with this. Negotiate for a higher amount, and don’t sign anything without a lawyer reviewing it first. Be patient, as waiting might result in a better offer. Lastly, understand the tax implications of the settlement.
Remember, once you accept a settlement, your case is usually over, so ensure the offer is fair by consulting with a lawyer if needed.
How Much Does a Lawyer Charge for a Motorcycle Accident Lawsuit?
Motorcycle accident lawyers often use a “contingency fee” structure, which means you don’t pay them upfront. Instead, you only pay if you win your case or reach a settlement.
Many lawyers provide a free consultation to discuss your case and clarify their fees, which should be detailed in a written agreement.
In some cases, you can negotiate the lawyer’s percentage. The fee might increase if your case goes to trial due to the additional work involved, but the fee must always be reasonable.
How Much Does it Cost to Hire a Lawyer for a Motorcycle Accident Case in Baltimore?
Most Baltimore lawyers offer a free initial consultation to evaluate your case, and they usually operate on a contingency fee basis, meaning you don’t pay any upfront fees.
Lawyers often advance costs like court fees and expert witness fees, deducting these from your settlement later. If you don’t win, you usually owe nothing.
Ensure you get a written agreement outlining all costs and fees, and note that you can sometimes negotiate the lawyer’s percentage.
Experienced lawyers generally don’t charge more, but they can often secure a higher settlement than you might achieve on your own.
How Much Will the At-Fault Driver Have to Pay for Victim Injuries?
When someone causes a motorcycle accident, they (or their insurance company) might have to pay for the victim’s injuries. Here’s how it usually works:
- Insurance limits: The amount they pay is often limited by their insurance coverage.
- Minimum coverage: In Maryland, drivers must have at least $30,000 per person and $60,000 per accident for injury coverage.
How much are most motorcycle accident settlements?
Motorcycle accident settlements can vary widely, from a few thousand dollars to millions. Many fall between $20,000 and $200,000, or much more. Factors affecting the settlement include:
- The severity of injuries
- Medical costs
- Lost wages
- Fault in the accident, and
- Available insurance coverage
Settlements for severe injuries, like brain damage, can exceed a million dollars, while minor injuries might range from $10,000 to $25,000. Missing work and experiencing pain and suffering can increase your settlement, especially for serious injuries.
The at-fault driver’s insurance limits also affect your settlement amount.
What not to do after a motorcycle accident?
After a motorcycle accident, there are some things you should avoid doing. These mistakes could hurt your chances of getting fair compensation:
- Don’t leave the scene, as doing so can get you in legal trouble.
- Don’t forget to call the police to make an official report.
- Don’t admit fault even if you think you might be to blame.
- Don’t neglect medical care even if you feel okay.
- Don’t throw away evidence. Keep your damaged clothes and gear as evidence.
- Don’t fix your motorcycle.
- Don’t talk to the other driver’s insurance company. Let your lawyer handle this.
- Don’t post on social media, as anything you post could be used against you.
- Don’t accept the first settlement offer, as it’s usually too low. Talk to a lawyer first.
- Don’t sign any papers without having a lawyer look at them.
- Don’t wait to file a claim, as there are time limits for filing claims and lawsuits.
- Don’t forget to gather evidence. Take pictures and get witness contact information if you can.
- Don’t lose track of your medical records. Keep all your medical bills and records organized.
- Don’t skip doctor appointments, as it can make it look like you’re not really hurt.
- Don’t exaggerate your injuries, as it can hurt your case.
What can happen after a motorcycle accident?
What happens after your accident depends on many factors, like how serious it was and who was at fault. Here’s what you might expect:
- Immediate aftermath: Police reports, medical care at the scene, and exchanging information with the other driver.
- Medical treatment: Hospital visits, ongoing care, and possibly taking time off work.
- Dealing with insurance: Reporting the accident, handling calls from the other driver’s insurer, and negotiating claims.
- Legal issues: Hiring a lawyer, potentially filing a lawsuit, and attending court hearings or a trial.
- Financial impact: Facing large medical bills, lost wages, and costly motorcycle repairs.
- Emotional effects: Experiencing stress, anxiety, or a fear of riding again, potentially needing counseling.
- Long-term consequences: Dealing with permanent disabilities, job changes, and lifestyle adjustments due to injuries.
- Insurance changes: Possible increases in insurance rates or needing new insurance.
- Legal consequences: Facing fines, charges, or license suspension if at fault.
- Settlement or verdict: The case might end in a settlement or go to court for a verdict.
How long does it take to recover from a motorcycle accident?
Recovering from a motorcycle accident varies for each person. Minor injuries may heal in weeks, while serious injuries can take months or years. Emotional recovery can take longer than physical recovery, and some people may need counseling to deal with fear or anxiety. Factors affecting recovery time include your age, overall health, and the severity of your injuries.
Timothy J. Capurso is chair of the firm’s Personal Injury Practice Group. He concentrates his practice on personal injury cases of all types, focusing on automobile accidents. His background includes litigating personal injury cases from inception through trial and settlement negotiations. 25+ years of experience. Contact Timothy J. Capruso
Timothy J. Capurso
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