Motorcycles aren’t the safest vehicles on the roads. Although, they can be really thrilling to ride. However, motorcycle accidents can leave lasting injuries and losses on the victims. Not only can you experience painfully debilitating injuries but lose employment wages while you recover.
If you’re thinking about talking to a Hyattsville motorcycle accident lawyer, you’re in the right place. Do you know what to do in the case of an accident? It’s important to know the dos and don’ts in these cases. Keep reading to learn more. For more information contact our Hyattsville personal injury lawyer.
The Different Types of Recoverable Damages in a Motorcycle Accident
There are two different types of damages in a motorcycle accident. There are non-economic and economic. Economic damages have a dollar value directly attached to them, such as invoices and bills. Here’s a list of the different types of economic damages you can recover:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Property damage
- Home modifications
Non-economic damages are losses that affect the well-being of your life. They can include:
- Pain and suffering
- Post-traumatic stress
- Reduced quality of life
If you lost a loved one, you may also qualify to pursue wrongful death damages. Our motorcycle accident lawyer serving Hyattsville can review the circumstances of you case and determine the damages you may be eligible to collect.
More About Medical Expenses
You’re entitled to recover the costs of your medical expenses under the personal injury laws of Maryland. Medical expenses aren’t just the ones you’ve paid to date. They can also include the ones you have yet to pay. If you need to receive multiple surgeries or ongoing therapy for years, those costs are included too.
Loss of Earning Capacity Due to Disability
The physical trauma from a motorcycle accident could cause you to suffer a disability. If this disability prevents you from doing your current job, that’s a loss of earning capacity. This is a loss that could be recovered in a personal injury lawsuit.
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How Is Fault Determined in a Motorcycle Accident?
Maryland does have one law that could prevent you from collecting compensation. It’s called contributory negligence. This means if you are at fault in any way possible, your lawsuit could get thrown out. This is when having a lawyer comes in handy.
A Hyattsville motorcycle accident lawyer can help you build your claim and possibly protect you from taking fault in your accident. Our lawyer can use police reports, eyewitness testimony, video evidence, and check if traffic laws were violated.
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What Are the Most Common Causes of Motorcycle Accidents?
Many circumstances can cause motorcycle accidents. The Maryland Zero Deaths initiative keeps track of all accidents, by vehicle type, weather, etc. Since a motorcycle is not equipped with the same safety features as passenger vehicles, minor accidents on a motorcycle can result in major injuries. Here are some causes of motorcycle accidents:
- Drunk or drugged driving
- Left Turns
- Failure to yield
- Faulty mirrors
- Aggressive driving
- Unexpected pedestrians in the road
- Distracted driving
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What Do I Do If I Am Involved in a Motorcycle Accident?
The first thing you should do is call 911. The police will arrive, and if there are injuries, they can call the ambulance for you. They’ll file an accident report, which can be used to file your claim. After that, if you’re able to, you should document the scene.
You could use a camera or take video. Most motorcyclists wear a bodycam while they ride. The bodycam could have taken footage of the accident. Another helpful thing to do is get the contact information of anyone who saw the accident.
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Mistakes to Avoid After a Motorcycle Crash
When you’ve just been in a motorcycle accident it’s easy to make some mistakes. In the state of Maryland, it’s important to follow the right steps. In Maryland, calling the police is not required. However, there are certain instances where you are required to call.
If the driver is intoxicated, unlicensed, flees the scene, and refuses to exchange insurance details, then you are required to call the police. The police will write up a report which comes in handy if you want to file a claim. The police report can back up your claim.
Another mistake is accepting the insurer’s first settlement offer. The other party’s insurer may try to settle with you outside of court. Without knowing your total losses, you risk leaving compensation behind. Also, if you accept their initial offer, you won’t be able to ask for more money later.
Are There Any Motorcycle-Specific Laws in Maryland?
Yes, there are motorcycle-specific laws in Maryland. One of the most important ones is the helmet law. If you are driving your motorcycle on the streets, highways, roads, and interstates of Maryland you must wear your helmet. From Maryland Motor Vehicle Administration (MVA), your helmet must be certified by the Department of Transportation.
A helmet isn’t the only item you are required by law to wear. When you are driving on state roads using your motorcycle, MVA also specifies that you must wear eye protection. Other items that are required are a footrest and passenger seat. That’s only if you have a passenger.
A few other laws you should know is that motorcycles are forbidden from driving between two lanes of traffic, per Md. Cts. & Jud. Proc. Code § 21-1303. You can use the full driving lane though.
How Long Does It Take to Settle a Motorcycle Accident Claim?
The amount of time it takes to settle a motorcycle accident depends. Be advised that the personal injury statute of limitations is 3 years under Md. Cts. & Jud. Proc. Code § 5-101.
This means you have up to 3 years to file a claim and reach a settlement with the at-fault driver’s insurer before your chance to sue expires. If you miss this legal deadline, you may be able to not pursue compensation through a lawsuit. There are things you have to do to prove that your claim and lawsuit are valid. You need to prove that the other party was negligent. The negligence on their part led to the accident and damages.
Get a FREE Consultation on Your Personal Injury Case
If you’ve been in a serious motorcycle accident, call the Adam Smallow Injury Lawyers to get the help you deserve. We can even provide you the names and numbers of doctors and medical providers we trust with our own families.
We are available by phone at (410) 877-6021, and email. Clients can text 24/7 with a unique text number we provide to them.
Call or text (410)777-8960 or complete a Free Case Evaluation form