Gaithersburg Motorcycle Accident Attorney
Riding a motorcycle comes with inevitable risks. Data indicates that the chance of being killed in a motorcycle accident is 28 times higher than the threat of death as an occupant in a car. Part of the reason is, of course, that motorcycles offer far fewer safety features than do cars. However, there is much more at play, including the dangers created by other drivers.
Regardless of how a driver might feel about a motorcyclist’s choice of vehicle, the truth is that motorcycles have the same right to use the road as do cars. When a driver fails to see a motorcyclist, that is the driver’s fault for not being cautious, not the motorcycle’s fault for being small.
Of course, when you are on a motorcycle and a driver pulls into your path to make a left turn, the fact that the other person is at fault is not a primary concern. After all, such a mistake on the part of a driver can lead to fatal injuries for the person or persons on a motorcycle. Knowing that the driver will be held liable will offer little comfort to the motorcyclist who is facing the broadside of a Chevy Suburban. Drivers have to learn to share the road with all vehicles, including motorcycles. If someone failed to do so and caused you or a loved one harm, you have the right to collect compensation.
Filing a claim cannot undo the damage caused by a car crash. Still, it can help the victim and family recover funds that help with the financial loss and inability to work that often comes with motorcycle crash injuries.
The experienced Gaithersburg motorcycle accident attorneys at Berman, Sobin, Gross, Feldman & Darby LLP understand the importance of your claim and are ready to fight on your behalf. Call us today at 301-670-7030 to discuss your case.
Why Do Drivers Cause Crashes with Motorcycles in Gaithersburg, Maryland?
One of the more common types of motorcycle crashes happens when a driver looks but fails to see a motorcyclist on the road. These wrecks are extremely frustrating for motorcyclists, and often drivers are shocked by the impact too. The reason this happens so often may come down to basic human psychology. Drivers take in all sorts of input when operating a car. There are many things to keep track of when driving, although it is often treated as a simple task. With so many things that require a driver’s focus, the brain will filter out that which it finds less important. As a result, the driver may see a truck but not a motorcycle.
One of the most common types of motorcycle crashes happens when drivers turn left and cut off a motorcycle. In other cases, motorcycles end up in a blind spot, and a driver will change lanes into the bike.
While motorcyclists are often told to wear bright clothes and reflective gear as a way to prevent being overlooked, the responsibility to look out for motorcycles is that of the driver.
Will My Case Suffer if I Did Not Use a Helmet?
While safety experts are basically unanimous that all motorcyclists should wear helmets, the idea of helmet laws is a controversial topic in Maryland and across the United States. In fact, Maryland does have a motorcycle helmet law that requires all motorcyclists to wear a helmet regardless of their age. The law might not be on the books much longer as a bill to repeal the helmet mandate is pending in the state.
The fact that motorcyclists are currently required to wear a helmet might make you think that a failure to abide by that law will impact your ability to collect compensation in a Gaithersburg, Maryland motorcycle case. However, this is not true. A negligent defendant cannot use the fact that a motorcyclist failed to wear a helmet to prevent that person from recovering from a liable driver. Nor can it lead to a reduction in the amount of compensation paid to the plaintiff.
With that said, head injuries are extremely common for motorcyclists, and helmets do save lives.
Negligence in a Motorcycle Case in Gaithersburg, Maryland
To recover compensation in a Gaithersburg, Maryland motorcycle crash, the injured person must prove that another person caused his or her injuries through negligence. Negligent drivers are those that breach a duty of reasonable care toward others on the road.
In Maryland, if you were injured in a crash that was mostly another driver’s fault but also partially your own, then you will not be able to recover for your injuries. The exception to this is the policy mentioned above regarding motorcycle helmets.
Call Berman, Sobin, Gross, Feldman & Darby LLP to Discuss Your Gaithersburg, Maryland Motorcycle Accident Claim
At Berman, Sobin, Gross, Feldman & Darby LLP, our attorneys have more than 30 years of experience representing clients in motorcycle accident claims in Maryland. Call us at 301-670-7030 to consult with one of our dedicated Gaithersburg, Maryland motorcycle crash attorneys.