Motorcycle Accident Lawyers Germantown, MD
Motorcycle accidents can cause devastating injuries in a matter of seconds. Unlike people inside passenger vehicles, motorcyclists have little protection when a collision occurs. Even when wearing a helmet and protective gear, a rider can suffer broken bones, traumatic brain injuries, spinal cord damage, road rash, internal injuries, or other serious harm.
If another driver’s carelessness caused your motorcycle accident in Germantown, Maryland, you may be entitled to financial compensation for your injuries and losses. In some cases, you might even be able to pursue a lawsuit for a single-vehicle crash. Our Germantown motorcycle accident attorneys can help you understand your legal rights and get the money that you deserve for your property damage, lost wages, medical bills, pain and suffering, and other losses.
At Metzger Wickersham, we are dedicated to fighting for the rights of accident victims in Montgomery County and beyond. We won’t simply accept a lowball settlement offer from the insurance company, but will fight to get you the compensation that you are entitled to under Maryland law. Reach out to our law offices to set up a free consultation with a Germantown motorcycle accident lawyer.
Common Motorcycle Accident Injuries
Motorcyclists are exposed to substantially greater physical risks compared to drivers and passengers in other types of vehicles. Simply put, a motorcycle does not provide the same protection as a car or truck. A motorcyclist can also be thrown from their motorcycle or struck by other vehicles after a collision, often leading to catastrophic injuries.
On average, 79 motorcycle riders are killed and 1,095 riders are injured in Maryland traffic accidents each year. Common motorcycle accident injuries include:
- Traumatic brain injuries
- Spinal cord injuries
- Neck and back injuries
- Broken bones
- Internal organ damage
- Internal bleeding
- Nerve damage
- Road rash
- Joint and ligament injuries
- Amputations
- Facial injuries
- Paralysis
Some of these injuries may require emergency treatment, surgery, rehabilitation, and/or long-term care. Others may not become apparent until hours or days after a crash.
A motorcycle accident can impact virtually every aspect of a person’s life. In addition to going through extensive medical treatment, an injured rider may be unable to work or participate in activities they once enjoyed. In these situations, it is particularly important for a motorcyclist to have skilled legal representation.
What Causes Motorcycle Accidents in Germantown, MD?
Motorcycle crashes can happen for many reasons. Although some collisions are unavoidable accidents, many are caused by negligent (careless) or reckless behavior. Common causes of motorcycle accidents in Montgomery County include:
Distracted Driving: Drivers who text, use their phones, adjust navigation systems, eat, or otherwise divert their attention from the road may fail to see a motorcycle. Motorcycles can be smaller and less visible than passenger vehicles, making it even more dangerous for drivers to take their attention off the road.
Failure to Yield: A driver turning left, entering an intersection, changing lanes, or pulling out of a driveway may fail to yield to a motorcycle with the right of way. These collisions can be particularly dangerous because they often occur at relatively high speeds and give the motorcyclists little time to react.
Speeding: When a driver is traveling too fast, their ability to react to changing traffic conditions is affected. Speeding also increases the force involved in a collision. A speeding driver may cause a motorcycle crash by following too closely, losing control, or failing to stop in time.
Impaired Driving: Alcohol and drugs can impair judgment, reaction time, coordination, and perception. A driver who operates a motor vehicle while under the influence can pose an extreme danger to motorcyclists and others on the road.
Unsafe Lane Changes: A motorist who changes lanes without properly checking mirrors and blind spots may collide with a motorcycle. Drivers who fail to remain alert for motorcycles when changing lanes can cause a catastrophic accident.
Aggressive Driving: Tailgating, speeding, unsafe passing, road rage, and other aggressive driving behaviors can contribute to serious motorcycle crashes.
Dangerous Road Conditions: Not every motorcycle accident is caused by another driver. Poorly maintained roads, potholes, inadequate signage, debris, construction hazards, or other dangerous conditions can contribute to a crash. Depending on the circumstances, a government entity, contractor, property owner, or another party may be responsible for a motorcycle accident.
Filing a Lawsuit for a Motorcycle Accident in Germantown
If you were hurt in a motorcycle accident, you may be able to file a lawsuit against the at-fault party. These claims are usually based on a theory of negligence, or carelessness. In some cases, a lawsuit is based on intentional or reckless behavior (like driving under the influence of alcohol and/or drugs).
Typically, the injured party (plaintiff) has the burden of proving that the at-fault driver (defendant) was responsible for the wreck. For negligence cases, this requires proving the following elements:
- Duty: The defendant owed the plaintiff a duty to use reasonable care.
- Breach: The defendant violated that duty in some way (such as by changing lanes without checking to make sure that it was safe to do so).
- Causation: This violation was the direct (proximate) cause of the plaintiff’s injuries.
- Damages: The plaintiff suffered losses as a result.
In some cases, negligence is clear. For example, if a driver runs a red light and smashes into a motorcycle in an intersection, they will be liable for any injuries that result. However, if a motorcyclist is involved in a single-vehicle accident, it may be harder to prove that someone else was at fault.
This is why having a skilled Germantown motorcycle accident lawyer to represent you is so important. Your attorney won’t simply file paperwork and make arguments in court. They will start by thoroughly investigating the underlying facts of the accident to determine who can be held responsible for your injuries.
This step is critical when it comes to getting the financial compensation that you deserve for your injuries. Our law firm takes this work seriously, digging into the facts of every case to figure out exactly who may be liable for your losses. We will work tirelessly to protect your legal rights and get you the compensation that you deserve.
Understanding Maryland’s Contributory Negligence Rule
Motorcyclists are often portrayed in a bad light, as reckless drivers who are responsible for their own accidents. The truth is that there are many possible causes of a motorcycle crash, including another driver causing a biker to crash. This reality doesn’t stop insurance companies from arguing that a motorcyclist was somehow at fault for their own accident.
Unfortunately, Maryland law motivates insurers to argue that motorcyclists and other accident victims were responsible for the crash. Maryland has a particularly harsh contributory negligence rule that can prevent you from recovering any compensation if you were even slightly responsible for a crash.
Most contributory negligence rules allow an injured victim to recover compensation as long as they were 50% or less at fault for the collision. In Maryland, if you were found to be as little as 1% at fault, you will be barred from recovering any compensation. Insurance companies know this rule and may attempt to argue that a motorcyclist was speeding, riding dangerously, or contributed to a wreck in another way.
As part of our investigation, our Germantown, MD motorcycle accident attorneys will work to prove that you were not at fault for the crash. We will review surveillance footage, witness statements, photographs, police reports, and more to establish how the accident occurred. This allows us to fight back against arguments that you were responsible for your accident and get you the money that you deserve for your injuries.
What Should You Do After a Motorcycle Crash in Germantown, MD?
The steps that you take immediately following a motorcycle accident can impact both your physical recovery as well as any legal claim that you may pursue. If you are able to do so, take the following steps to protect yourself:
Seek Medical Attention: Get medical care as soon as possible, even if you initially believe your injuries are minor. This will allow you to get the right diagnosis and treatment while also creating a link between the accident and your injuries. You should follow your provider’s treatment recommendations and attend all follow-up appointments.
Report the Accident: Depending on the circumstances, you may be required to report the accident. It is also a good idea to report the accident so that it can be properly documented by law enforcement.
Document the Scene: If you can, take photos and videos of the vehicles, motorcycle, roadway, traffic signs, your injuries, property damage, and any other conditions that may have contributed to the accident.
Gather Witness Information: Obtain the names and contact information for people who witnessed the crash, when possible. You should also get the name, contact information, and insurance information for the at-fault driver.
Preserve Evidence: Keep your motorcycle, helmet, riding gear, photographs, medical records, bills, and other potentially relevant evidence. Do not repair or dispose of damaged equipment before it has been properly documented.
Contact a Lawyer: A consultation with a motorcycle accident lawyer in Germantown, Maryland can help you understand your options and protect your rights.
Contact Us for a Free Consultation
A motorcycle accident can change your life in an instant. If another person’s negligence caused your injuries, you should not have to bear the financial consequences alone. Our team can help you understand your legal options and will fight for your right to full compensation.
Metzger Wickersham fights for the rights of motorcycle accident victims in Montgomery County, Maryland. We never charge a fee unless we get money for you. To learn more or to schedule a free consultation with a Germantown motorcycle accident lawyer, give us a call at 240-946-9461 or fill out our online contact form.
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