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Motorcycle Collision Claims in
Prince George's County, MD

Injured riders in Maryland face two problems at once. The first is the same contributory negligence rule that governs every other collision claim in the state, which allows a defense verdict on a finding that the rider was one percent at fault. The second is that jurors and adjusters arrive with assumptions about motorcyclists—that they ride too fast, that they weave, that they accepted the risk by getting on the bike at all. Those assumptions do the defense's work before any evidence is introduced, and overcoming them is a deliberate part of preparing a motorcycle case rather than something that happens on its own. 

The Recurring Fact Patterns

The most common serious motorcycle collisions in Maryland involve a driver turning left across the rider's path, a driver changing lanes into a rider in an adjacent lane, a driver pulling out from a side street or driveway into a favored roadway, and road surface defects. The left-turn and side-street cases frequently implicate Maryland's boulevard rule, which imposes on a driver entering from an unfavored road the duty to yield to traffic on the favored highway and can establish that driver's negligence as a matter of law.

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​Where a road defect, an unrepaired pothole, or a defective repair contributed to the crash, the responsible entity may be a state or local government, which brings notice requirements and damages caps into play and shortens the effective deadline considerably.

Helmet Use

Maryland requires helmet use, and a defendant will attempt to make helmet use or non-use an issue. The relationship between helmet use and recoverable damages is not intuitive, and it should be evaluated by counsel rather than assumed against you.

Injuries & Valuation

Motorcycle collisions produce a disproportionate share of orthopedic trauma, degloving and road rash requiring grafting, traumatic brain injury, and permanent impairment. Maryland caps non-economic damages by statute, with the cap set by the date the cause of action arose, but there is no cap on economic damages, which makes rigorous documentation of lost earning capacity and future medical need central to the value of a serious rider's case.

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