Settlement Obstacles in Motorcycle Crash Cases

Usually, motorcycle crash settlements in Maryland are quite large, mostly because the injuries are so severe. The motorcycle rider fatality rate is about thirty times higher than the four-wheel vehicle occupant crash fatality rate. Serious motorcycle crash injuries include broken bones, head injuries, spine issues, and internal injuries. So, even if they survive, motorcycle crash victims often need lifetime medical care.

A Waldorf, Maryland, personal injury lawyer from the Law Office of Robert R. Castro diligently builds a case from the ground up, so these victims receive the compensation they need and deserve. Solid evidence and sound legal analysis are the cornerstones of any motorcycle crash case. But the strongest foundation means nothing unless a Waldorf, Maryland, car accident lawyer strongly advocates for victims. This advocacy includes anticipating and avoiding some common motorcycle crash defenses.

Comparative Fault

Contributory negligence may be the most common legal defense in all personal injury matters, not just motorcycle crash cases. This doctrine, which all fifty states recognize, basically shifts accident blame from the tortfeasor (negligent driver) to the victim.

If both parties were partially at fault for an accident (e.g., the tortfeasor was drunk and the victim was speeding), jurors must divide legal responsibility on a percentage basis (80-20, 50-50, etc.), based on the evidence presented.

Maryland’s version of the comparative fault defense is rather unique. Maryland is one of only five jurisdictions that have a pure comparative fault law. Even if the victim was only 1% at fault, the victim cannot recover damages.

So, evidence is critical. Let’s stay with the above example. Most likely, a Charles County, Maryland auto accident lawyer would call an expert witness to the stand who testified about the extreme danger of drunk driving.

An attorney would also point out that a driver (or motorcycle rider) may exceed the speed limit but still be operating at a reasonable velocity, based on the conditions at the time.

Last Clear Chance

This defense often comes up in left-turn motorcycle crash cases. If a victim had the last clear chance to avoid a collision, the victim, not the tortfeasor, is legally responsible for damages.

Assume Michael was making a left turn against traffic and crossed directly into Jason’s path, because he didn’t see Jason (or more precisely, he was not maintaining a proper lookout). The insurance company may argue that Jason should’ve swerved out of the way or otherwise avoided the collision.

However, this defense only applies to the last clear chance, not to any possible chance. If Jason had swerved into another lane without signaling, he probably would’ve lost control of his bike or otherwise caused an even worse vehicle collision.

The Motorcycle Prejudice

This informal defense could be a standalone defense, or it could make jurors more likely to embrace a formal defense, like the ones discussed above.

The motorcycle prejudice is not as pronounced as it was in the 1970s. But many people still believe that motorcycle riders are reckless thugs who ride carelessly with little or no regard for others.

As is the case with any prejudice, an attorney cannot change people’s minds. But an attorney can set the victim apart from the prejudice, so, in their minds, jurors create an exception.

Reach Out to a Savvy Calvert County Lawyer

Injury victims need and deserve substantial compensation. For a confidential consultation with an experienced personal injury lawyer in St. Mary’s County, Maryland, contact the Law Office of Robert R. Castro, 11701 Central Ave Suite 200, Waldorf, MD 20601. Call us at (301) 870-1200 or go online now.

This article has been provided by the Law Office of Robert R. Castro. For more information or questions, contact our office to speak to an experienced lawyer at (301) 870-1200.