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Serving Injury & Accident Victims
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Serving Injury & Accident Victims
in Maryland, Virginia, and DC
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Nobody likes hitting a pothole when they are driving. But if you’re on a motorcycle when it happens, hitting a pothole isn’t just an annoyance. It can be incredibly dangerous.
Potholes, loose gravel, uneven pavement, and construction debris can all cause serious injury to motorcyclists. If a road hazard caused your motorcycle accident, you may be able to pursue a personal injury claim against the government agency responsible for maintaining the road, a construction company, or even another driver. Our skilled Silver Spring personal injury attorneys will analyze your case and fight to get you maximum compensation for your injuries.
At DuBoff & Associates, we represent clients who have been hurt in car accidents, bicycle accidents, pedestrian accidents, motorcycle accidents, and more. We offer free initial consultations and handle all cases on a contingency fee basis. Reach out to our law firm today to talk to a Silver Spring motorcycle accident lawyer about your case.
There are many different road conditions that can cause motorcycle accidents. Maryland is particularly vulnerable to potholes, as the freeze-thaw cycle of late winter can contribute to water pooling below the surface of our roads and buckling the surface when it freezes. The resulting holes can damage cars and cause motorcycles to crash.
Other common road hazards that can cause motorcycle accidents include:
These types of road hazards can be a problem for any vehicle on the road. For example, a driver who hits a particularly deep pothole might find themselves dealing with a tire blowout, broken shocks, or even a cracked or bent wheel. Yet for motorcycles, the potential risk of these road hazards is far greater than property damage.
Motorcycles rely on balance and traction. Even a relatively minor road hazard, like loose gravel, can cause a rider to lose control. This can result in serious injuries.
If you were hurt in a single-vehicle motorcycle accident, you might believe that it was simply a matter of bad luck and that no one else was responsible. In some cases, however, you might be able to pursue a personal injury claim against a government agency or other party. Our Silver Spring motorcycle accident lawyers will listen to your story and help you understand your rights and options.
Compared to a typical car accident case, it can be harder to determine liability when a motorcycle crash is caused by a road hazard. Instead of looking to another driver who might have caused a rear-end accident, for example, you might need to look deeper to figure out who may be liable.
In some cases, a government entity may be held responsible for a motorcycle accident caused by bad road conditions. State, county, or local government agencies are responsible for maintaining most of the streets and roads throughout Maryland. If a motorcyclist crashes because of a dangerous road condition like broken pavement, the agency responsible for that road could be held responsible. Typically, to prove liability, the agency must have known or should have known about the hazard and failed to fix it within a reasonable period of time.
In Maryland, people injured by government agencies can file a claim against that agency. However, there are special rules for these types of claims. To start, you must file a claim with the government agency within a year of the accident. This is separate from Maryland’s statute of limitations for filing personal injury lawsuits. There is also a limit on the amount of money that you can recover from a government agency.
In some situations, a road hazard accident may be caused by a construction company. If road work was underway at the time of your motorcycle crash, a construction company could be responsible if there was debris in the roadway, poor signage, or unprotected hazards. You may be able to file a lawsuit against the contractor for the injuries that you suffered.
Other drivers may also create road hazards that cause motorcycle accidents. For example, if a truck spills debris into the roadway and a motorcyclist skids on the debris and crashes, that driver could potentially be held responsible for any injuries that result.
In any Maryland personal injury case, one of the biggest challenges is overcoming our state’s strict contributory negligence law. Under this rule, if you were even slightly at fault for an accident, then you won’t be able to seek compensation from the at-fault driver. Insurance companies often use this law to try to deny legitimate claims, such as by arguing that a motorcyclist should have maintained better control of their bike to avoid the accident.
Our Maryland motorcycle accident lawyers are adept at navigating road hazard claims, including attempts by insurance companies to use the comparative negligence rule to deny liability. We will fight to get you maximum compensation for your property damage, medical bills, lost wages, pain and suffering, and other losses.
If a road hazard caused your motorcycle accident in Maryland, you might be able to file a lawsuit to recover money for your losses. However, you have a limited amount of time to pursue a claim, particularly if the at-fault party is a government agency. Our law firm will protect your rights and advocate for your right to full compensation.
DuBoff & Associates is committed to helping our clients get top dollar for their accident claims. We aren’t afraid to take on the big insurance companies or take a case to trial if necessary to get our clients the best possible outcome. To learn more or to schedule a free initial consultation with a Maryland motorcycle accident lawyer, give us a call at 301-495-3131 or fill out our online contact form.
Few things compare to the thrill of motorcycling. As any veteran rider will tell you, there’s something truly exciting about the surge of adrenaline, the wind against your skin, and the raw connection to the road. With its winding roads and scenic views, Maryland is especially appealing to motorcyclists, which is why there are over 100,000 bikes registered in the state.
That freedom comes with risk, however. One miscalculation, careless driver or inexperienced rider, or overlooked safety rule can turn an exhilarating ride into a life-altering disaster. That’s why Maryland has strict motorcycle laws intended to protect riders. From licensing requirements to helmet laws and lane rules, here’s what every Maryland motorcyclist needs to know to ride safely and avoid devastating injuries.
To legally operate a motorcycle in Maryland, riders must have a Class M license. The Maryland Vehicle Administration (MVA), which sets the requirements for obtaining this license, states that new riders can apply for a Class M learner’s permit before getting a full license. This allows time to practice under controlled conditions before taking the riding skills test.
In addition:
Maryland also offers MVA-approved motorcycle safety courses, which can be taken as an alternative to the skills test. Successfully completing one of these courses waives the requirement for the on-cycle test. For full details on licensing, visit the Maryland Department of Transportation Motor Vehicle Administration (MDOT MVA) website.
Maryland law mandates proper gear for all motorcyclists. These requirements, which help reduce the severity of accident injuries, include:
Although not required by law, wearing additional protective gear can help prevent severe injuries. Gloves protect hands from road rash and debris, while a riding jacket and pants or special riding jeans provide extra protection and sturdy boots with ankle support improve grip and reduce the risk of foot injuries.
Motorcycles must follow the same traffic laws as other vehicles, but additional rules apply to support rider safety. For example:
Motorcycles also have different lane privileges and restrictions compared to larger vehicles. These laws, which are outlined below, help prevent dangerous riding practices.
Failing to comply with motorcycle laws can result in fines, citations, or points on a driver’s license, which may lead to suspension. Violations can also cause an increase in insurance premiums. To avoid penalties, riders should follow all Maryland motorcycle laws and practice safe riding habits.
Maryland restricts small motorcycles from certain roadways. To operate on expressways, controlled-access highways, or roads with a speed limit of 50 mph or higher, a motorcycle must have a motor rated above 1.5 brake horsepower and a piston displacement of at least 70 cubic centimeters. Smaller motorcycles lack the power to keep up with fast-moving traffic, creating a serious safety hazard for riders and other drivers.
While laws help create a safer riding environment, personal responsibility plays a major role in accident prevention.
Sometimes motorcycle crashes occur despite your best efforts. If this happens to you, take the following steps:
By wearing the right riding gear, following traffic laws, and using safe driving practices, motorcycle riders can reduce the risk of accidents while enjoying the road. Unfortunately, other motorists aren’t always as diligent, and a moment of inattention can lead to severe head injuries, disability, and even death.
If you are injured because someone else was drunk, speeding, or paying too much attention to their phone, you may be able to file a personal injury claim against them. Before you speak to any insurance companies, call the motorcycle accident lawyers at DuBoff & Associates. We have years of experience in Maryland personal injury law and have a strong track record of getting best results for injured clients. We’re here to listen and fight for you, so contact our legal team today for a free initial consultation.
Related: Silver Spring E-Scooter & E-Bike Accident Lawyers
What Happens If a Road Hazard Causes My Motorcycle Accident in Maryland?