Motorcyclists are at an increased risk of suffering catastrophic and life-threatening injuries when involved in a collision. This is, in part, because they lack surrounding protection that other types of vehicles do. This leads bikers more likely to suffer traumatic brain damage, spinal cord injuries, loss of limbs, road rash, and other debilitating injuries.
If your injuries have had a significant impact on your life, and someone else is responsible for causing your injuries, you may have the right to financial compensation.
A Brandywine motorcycle accident lawyer at the Law Offices of Adam M. Smallow could help you get justice. We offer a free consultation and we are ready to explain more about what to expect from your motorcycle accident claim in Brandywine.
How Do Motorcycle Accidents Occur in Brandywine?
Motorcycle accidents can occur in a number of situations. Your attorney will need to closely examine how your motorcycle accident in Brandywine occurred to establish liability. The liable party will be responsible for compensating you for your damages if your claim is successful.
With that in mind, some of the more common causes of motorcycle accidents in Brandywine include:
- Drunk driving
- Drugged driving
- Distracted driving
- Aggressive driving
- Driving while fatigued
- Driving over the speed limit
- Failure to yield to the right of way
- Failure to stop
- Failure to use a turn signal
- Making illegal turns
- Failure to check for blind spots
- Road rage
- Tailgating
However, negligent driving is not the only cause of motorcycle accidents in Brandywine. When motor vehicle parts are defective or malfunction, multiple parties could be at fault, such as:
- Maintenance technicians
- Auto parts manufacturers
- Auto parts distributors and suppliers
- Motor vehicle parts designers
- Motor vehicle dealerships
- Safety inspectors
- Other third parties
Additionally, if negligent driving or malfunctioning auto parts did not cause your accident, and your collision was caused by dangerous road conditions, still other parties could share fault for your injuries, including:
- The Maryland Department of Transportation State Highway Administration
- Government agencies
- Municipalities
- Government officials
- Contractors and subcontractors
- Safety inspectors
- Other government employees
- Other third parties
Your lawyer’s in-depth investigation into the cause of your Brandywine motorcycle accident will uncover who is responsible for your collision and for compensating you for your damages accordingly.
For legal consultation with a motorcycle accident attorney in Brandywine, call (410)777-8960
Establishing Liability for Brandywine Motorcycle Accidents
For your Brandywine motorcycle accident claim to be successful, your attorney will need to be able to prove liability based on a preponderance of the evidence. This means the evidence presented in court should show the jury the defendant is more than likely responsible for causing your accident or resulting injuries.
Some of the more common pieces of evidence that could be used to prove liability in your motorcycle accident insurance and civil claims include:
- Safety logs
- Video of the accident
- Photos of the accident scene
- Medical documentation
- Cell phone records
- Expert witnesses
- Police reports
- Chemical blood alcohol test results
- Crash reports
- Reports from accident reconstructionists
- Reports from injury reconstructionists
- Witness testimony
Brandywine Motorcycle Accident Attorney (410)777-8960
How Will the Insurance Company Handle Your Claim?
Motorcycle accident victims are often shocked to discover dealing with the insurance company is far more challenging than they thought. Previously, you might have assumed that filing a claim with the insurance company was going to be easy. You file a claim with the insurance company, you collect your insurance settlement. Easy, right?
Unfortunately, insurance claims and settlements are rarely that simple. Insurance companies are profit-focused. They care more about protecting their bottom line than they do about making sure you are compensated fairly for your damages. Motorcyclists are at an increased risk of being taken advantage of by insurance adjusters who may attempt to place unwarranted blame on them for causing the accident.
By capitalizing on reckless biker stereotypes, the insurance company may be able to argue you are a reckless driver who had no regard for their own safety or others who they share the roads with. If successful, the insurance company may be able to reduce your injury settlement. For this reason, it is critical you have an attorney on your side who will advocate for your rights during insurance settlement negotiations.
What To Expect From Your Insurance Settlement
Another issue with insurance settlements is that they rarely cover your damages in their entirety. The amount of compensation you can be awarded, and the types of damage you can recover, will be depending on the type of coverage and coverage amounts purchased by the policyholder.
If the policyholder only purchased the minimum amount of coverage, and your damages exceed that limit, the remaining losses cannot be recovered through the insurance company. Instead, you will need to be prepared to file a lawsuit against the liable party if you hope to get the most out of your claim.
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Maryland Motorcycle Accident Laws You Need to Know
If you are moving forward with a motorcycle accident insurance or civil claim in Maryland, there are several state laws you need to be aware of. Some of the most important include the state’s motorcycle helmet laws, how contributory negligence works, and the statute of limitations.
Motorcycle Helmet Laws
According to the Maryland Motor Vehicle Association, all motorcyclists are required to wear a motorcycle helmet at all times when operating their bike. Failure to do so could have an adverse impact on your ability to recover compensation in your case.
Contributory Negligence
Sharing fault for your injuries will have a devastating impact on your ability to move forward with your case. Maryland operates under a pure contributory negligence system. Even being 1% responsible for causing your injuries means you will be barred from financial recovery.
For this reason, it is critical that you get an experienced attorney on your side who will ensure liability is assessed accurately in your case.
Statute of Limitations for Motorcycle Accidents
Under Md. Cts. & Jud. Proc. Code § 5-101, personal injury claims, including motorcycle accident lawsuits, must be filed before the three-year statute of limitations expires. Failure to do so means your case may be barred from being heard in the Brandywine or Maryland civil courts. We can make sure you do not miss any deadlines while you focus on recovering.
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Get in Touch With a Motorcycle Accident Attorney in Brandywine Today
If you are interested in learning more about what your motorcycle accident insurance and civil claims could be worth, reach out to a Brandywine motorcycle accident lawyer at the Law Offices of Adam M. Smallow.
Schedule your no-cost, risk-free consultation when you call our office or complete our online contact form to get started on your case as soon as today. We provide all of our clients with a unique text number for 24/7 communication to answer all of your questions. Let us help you get the compensation you deserve now.
Call or text (410)777-8960 or complete a Free Case Evaluation form