Do I Need a Baltimore Motorcycle Accident Lawyer?
Yes. If you or a loved one were involved in a Baltimore motorcycle crash, an experienced lawyer could help you navigate the unique hurdles and challenges that arise.
Motorcycle accidents often result in severe injuries, which cause significant pain and suffering. The financial impact of a motorcycle accident can greatly impact your entire family, since injuries often prevent you from working for a period of time, and result in substantial medical bills.
Maryland law provides unique challenges for motorcycle accident victims, so it is important to take immediate steps to make sure your legal interests are protected. Maryland is a contributory negligence state, also known as the 1% rule, which means that if you are found to be even slightly at fault for the accident, you could be barred from recovering any damages through a motorcycle accident claim.
Due to the severity of motorcycle accident injuries and Maryland’s complex contributory negligence rules, hiring an experienced Baltimore motorcycle lawyer that is knowledgeable on Maryland’s motorcycle laws is crucial for building your case and establishing the other party’s complete fault, to make sure you obtain the financial compensation you deserve.
A Baltimore motorcycle accident lawyer from Saiontz & Kirk, P.A. can help you navigate this challenging legal process and protect your rights. All personal injury claims are handled on a contingency fee basis, which means that there are no fees or expenses unless you obtain a settlement or recovery.
Maryland Motorcycle Accident Lawsuits
Whether for daily commutes or leisurely rides, many cautious and responsible motorcycle riders navigate Maryland’s busy interstates and highways each day. However, unfortunately not all other drivers are cognizant of motorcycle riders and their right to share these roadways, which can lead to careless mistakes and collisions with a motorcyclist.
In the State of Maryland, if you are a victim of a car accident caused by someone else’s negligence, it is crucial that certain steps are followed to obtain justice and compensation for your damages and suffering.
When another party’s careless or reckless behavior causes an accident, it’s crucial to address not only immediate damages but also the long-term effects on your health, finances, and quality of life.
Severe motorcycle injuries, such as traumatic brain injuries, can have a profound impact on cognitive function, emotional stability, and daily living, often requiring ongoing care and rehabilitation.
Other common injuries from motorcycle accidents include:
- Fractures
- Head Injuries
- Spinal Cord Injuries
- Lower Extremity Injuries
- Internal Injuries
- Neck Injuries
- Facial Injuries
- Road Rash
Types of Motorcycle Accidents Cases Our Firm Handles
At Saiontz & Kirk, P.A., our lawyers specialize in handling all types of motorcycle accident cases that result in personal injuries to riders. We understand the unique challenges and risks motorcyclists face on the road, and we are dedicated to providing top-quality legal representation to those who have been injured due to the negligence or wrongful actions of others.
Motorcycle accidents can vary widely in circumstances and severity, but through our extensive experience, we have identified several common types of collisions that our lawyers frequently encounter. These include:
Motorcycle Left-Turn Accidents
Left turn collisions between motorcycles and passenger vehicles are commonly caused by a vehicle making a left turn at an intersection, where the motorcycle is proceeding straight or overtaking.
Our lawyers specialize in these types of accidents and utilize advanced accident reconstruction techniques to demonstrate how visibility and perception issues often contribute to these accidents. Our unique approach may include collaborating with traffic engineers and reconstructing the crash scene to provide an in-depth analysis to prove driver errors or negligence.
Rear-End Motorcycle Accidents
The common single tail light design on motorcycles increases the risk of rear-end collisions, however this does not diminish the responsibility of the trailing vehicle that struck you. Rear end collisions often occur when the at fault driver fails to maintain a safe following distance or is not attentive, resulting in a failure to stop.
T-Bone Motorcycle Accidents
Motorcycle T-bone accidents occur when a passenger vehicle driver fails to yield the right-of-way at an intersection, either running a stop sign or red light, or not noticing the oncoming motorcycle. Many fatal motorcycle accidents involve other vehicles violating the motorcyclist’s right of way, leading to a t-bone accident.
Motorcycle Low-Side Accidents
Motorcycle low slide accidents can occur when a vehicle abruptly cuts off or merges into the motorcycle’s lane, forcing the rider to brake sharply or swerve. This can lead to a loss of traction, and the motorcycle may slide into surrounding traffic, objects or guardrails.
Distracted Driving Accidents
Distracted driving is the leading cause of all vehicular accidents, including those involving motorcycles. Despite known risks associated with use of smartphones or texting while driving, many motor vehicle operators continue to engage in these risky activities. In addition, passenger cars, SUVs and trucks now include an increasing amount of vehicle technology, which can cause distractions. Unfortunately, drivers not paying full attention to the road can easily overlook a motorcyclist, causing a distracted driving accident.
Speeding Accidents
Excessive speed reduces reaction time and increases the severity of an accident. It is a common factor in motorcycle crashes, both for riders and other motorists.
Vehicle Blind Spot Accidents
Motorcycles can easily go unnoticed in a vehicle’s blind spot, significantly increasing the risk of being struck if the vehicle changes lanes or turns.
Maryland Motorcycle Accident Lawyer Reviews
Since 1975, our Baltimore motorcycle accident lawyers at Saiontz & Kirk, P.A. have protected the legal rights of clients throughout Maryland, maximizing their benefits and compensation awards in motorcycle accident claims.
How Long do I Have to File a Motorcycle Accident Lawsuit in Maryland?
Maryland Courts and Judicial Proceedings §5–101 requires that any motorcycle accident lawsuit must be filed within three years after the date of the crash in Maryland. This is a strict deadline, and failure to file within this period will prohibit you from being able to pursue damages for injuries caused by the accident.
Maryland Motorcycle Wrongful Death Lawsuit
The statute of limitations for filing a motorcycle wrongful death lawsuit in Maryland is also three years. If the motorcycle rider did not pass away immediately after the crash, this time frame may begin running for beneficiaries on the date of the death. However, since the estate of the deceased rider can also seek damages for injuries experienced before the death, most Maryland motorcycle wrongful death lawsuits should be filed within three years from the date of the crash.
Maryland law allows spouses, parents, and children of the deceased to file a motorcycle accident wrongful death lawsuit. In some cases, if these relatives are not available, others who were financially dependent on the deceased and experienced a significantly detrimental impact from the death may be eligible to present a claim.
Will My Motorcycle Accident Lawsuit go to Court?
When you are involved in a motorcycle accident and decide to pursue a claim, there are generally two main paths your case can take: settlement or going to court. The majority of motorcycle accidents are resolved through settlements without needing to go to trial.
Here’s how it works: After filing your claim, we enter into negotiations with the insurance company or the defendant’s legal team. We present all the evidence and argue for the compensation you deserve based on the severity of your injuries and other losses. Our goal here is to reach a fair settlement that covers all your needs without the need for a trial.
However, there are times when the other side might not offer a fair settlement. This could be because they undervalue your claim, or they might dispute liability in the accident. If the settlement offers are unjust or do not provide adequate compensation, our Maryland motorcycle accident lawyers will not hesitate to take your case to court.
Baltimore Motorcycle Accident Insurance Benefits
Due to the severity of motorcycle accident injuries and the extensive costs associated with the medical treatment that is often required, it is crucial to understand the types of insurance and settlement benefits you may be entitled to receive in Maryland.
- Medical Benefits: Covers medical expenses regardless of who’s at fault.
- Collision Coverage: This part of your insurance is responsible for repairing or replacing your motorcycle.
- Uninsured/Underinsured Motorist Coverage: If the at-fault driver doesn’t have sufficient insurance or is uninsured, this coverage can help pay for your damages, including medical expenses and property damage.
Maryland Motorcycle Insurance PIP Benefits Limitation
Under Maryland law, insurance companies must offer a minimum of $2,500 in personal injury protection (PIP) for auto insurance policies, unless expressly waived by the policyholder. This PIP is intended to provide coverage for medical expenses, lost wages, and other related costs, regardless of who is at fault in an accident.
However, Maryland law does not require that insurance carriers offer PIP coverage on motorcycle insurance policies. As a result, many insurance carriers do not offer Personal Injury Protection (PIP) benefits on motorcycle insurance policies. This is a common practice for insurance carriers, because motorcyclists are more likely to sustain serious injuries in an accident, which makes PIP coverage more costly for insurers to provide.
Since PIP is often not offered, motorcyclists face potentially higher out-of-pocket costs immediately following an accident, especially if the at-fault party’s insurance is not sufficient to cover all damages or if the claims process is prolonged. This is the reason many injured motorcyclists need to seek compensation through a motorcycle accident settlement against the at-fault driver.
Do I Have to Give a Recorded Statement to the Insurance Company?
It’s generally advisable to be cautious before giving any recorded statement to the other party’s insurance company after a motorcycle accident. It is important to consult with a personal injury attorney experienced in motorcycle accidents before agreeing to provide any statement. An attorney can guide you through the process, and help you understand your rights and the implications of any statement.
For your own insurance company, you might have a policy obligation to cooperate and provide a recorded statement. However, it is still important to consult with a motorcycle accident attorney before giving this statement, and you are not under the same obligation to the other party’s insurance company.
Insurance companies often use recorded statements to find inconsistencies or admissions that could be used to minimize or deny your claim. Adjusters are skilled at asking questions that might lead you to inadvertently downplay your injuries or admit fault.
If you do decide to give a statement, stick to basic facts about the accident (date, time, location) and avoid speculating or giving detailed personal opinions. Do not discuss fault for the accident, or details about the nature of your injuries until you have a clear understanding of the situation.
Maryland Motorcycle Lawsuit Settlement Benefits
In the event of a motorcycle accident, a person’s own motorcycle insurance may not be sufficient to cover all the damages incurred, leading to the need to file a claim against the at-fault party for additional compensation. There are several reasons for this, including limited coverage on motorcycle insurance policies and the severity of the motorcycle accident injuries often experienced by riders.
Limited Coverage of Motorcycle Insurance
Motorcycle insurance offers essential coverage, but often has limitations that might not fully address all expenses from an accident. Key aspects of this limited coverage include:
- Property Damage: Motorcycle insurance typically covers the cost of repairing or replacing the motorcycle. However, this coverage is often subject to limits and may not fully cover high-end bikes or extensive modifications.
- Uninsured/Underinsured Motorist Coverage: This can provide some relief if the at-fault party lacks sufficient insurance, but again, it’s subject to the limits of the policy.
Economic Damages
In a motorcycle accident case, economic damages can extend well beyond the immediate medical costs, as the injuries often result in other long-term financial impacts, which may include:
- Medical Bills: These are often the most significant economic damage, including charges for hospital stays, surgeries, medication, and ongoing treatment costs.
- Lost Wages: Motorcycle insurance may not cover the full extent of lost wages, especially if the injured party is unable to work for an extended period. However, the at-fault vehicle’s insurance carrier is required to compensate you for these economic damages that resulted from their negligence.
- Future Earnings: If the accident affects the person’s ability to work in the future, it is important to obtain documentation to substantiate the claim and the loss of earnings or work opportunities in the future that resulted from a motorcycle accident.
Non-Economic Damages
Non-economic damages include the emotional, psychological, and other non-financial impacts from a motorcycle accident, which are often referred to as pain and suffering. These damages may include financial compensation for:
- Physical Pain
- Emotional Distress
- Inability to participate in activities you otherwise enjoyed
- Reduced quality of life
The value to assign to each of these categories of damages in a personal injury claim can be complex. However, our lawyers have experience documenting and providing evidence necessary to ensure our clients are fully compensated not only for their prior medical expenses and lost wages, but also for diminished future earning capacity, pain and suffering, as well as other losses related to the accident.
How is Pain and Suffering Calculated in a Motorcycle Accident Settlement?
Calculating pain and suffering damages for a motorcycle accident victim requires a comprehensive review of the past, current and future impact of the accident on your life. Unlike medical bills or lost wages, which can be quantified based on actual expenses or lost income, pain and suffering damages are intangible and do not have a fixed calculation method.
This makes pain and suffering calculations a point of negotiation with insurance companies. Adjusters will often attempt to minimize these damages to devalue your pain and suffering with initial lowball settlement offers. They often use their own formulas to place a value on your claim that may not truly reflect the damages you sustained, which is why having legal representation can be beneficial.
Our lawyers will thoroughly assess the severity of the injuries, the intensity and duration of pain, the impact on daily life and activities, and the emotional distress caused by the accident and subsequent injuries to reach a fair pain and suffering value.
How Our Baltimore Motorcycle Accident Attorneys Can Help You
After contacting Saiontz & Kirk, P.A. for a free and confidential consultation, one of our experienced Maryland motorcycle accident attorneys will speak with you and review the circumstances surrounding your claim.
We will provide free advice and recommendations for dealing with the insurance company, and answer any questions you may have before deciding whether to hire a motorcycle accident lawyer. If you decide to pursue a claim, our attorneys will get to work immediately;
Gathering Evidence: We will collect and meticulously review every piece of evidence, including the accident report, photographs from the scene, witness statements, and all medical records that detail your injuries.
Claim Evaluation: We will thoroughly assess your claim in the context of Maryland’s laws to evaluate the extent of your injuries and losses, allowing our lawyers to estimate the potential value of your claim.
Filing the Lawsuit: We will file a lawsuit on your behalf, ensuring the complaint is filed on time and with the appropriate Maryland court. The complaint will clearly outline your allegations against the defendant and the compensation you are rightfully seeking.
Serving the Defendant: After the lawsuit is filed, we will ensure that the defendant is legally notified through ‘service of process.’ This procedure provides the defendant notice of the lawsuit and requires that they file an answer within a limited amount of time.
Discovery Phase: We will represent and guide you through the discovery process, which involves an exchange of evidence between the parties, often including depositions, written interrogatories and the exchange of other documents or information.
Negotiation and Settlement: We will actively negotiate with the defendant’s insurance company or legal team to reach a settlement that justly compensates you for your losses.
Trial: If a fair settlement cannot be reached, our lawyers will represent you in court, presenting evidence and arguments to a judge or jury, who will then make a decision on your compensation.
When hiring the motorcycle lawyers at Saiontz & Kirk, P.A., you can rest assured that we will be with you every step of the way, advocating for your rights and working tirelessly to achieve the best possible outcome for your case.
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