(301) 495-3131 Call For a Free Consultation

Serving Injury & Accident Victims
in Maryland, Virginia, and DC

Silver Spring Motorcycle Accident Lawyers

Few people have much sympathy for motorcyclists involved in accidents. Unfair stereotypes sadly make it difficult for motorcycle riders to earn appropriate legal compensation for their injuries, even though most motorcyclists are safe, responsible motorists. Unfortunately, motorcycles lack the solid protection provided by an automobile or a truck when the unthinkable happens. Because motorcycles are so much smaller and harder to see than other vehicles, such accidents are often caused by drivers of cars and trucks—not the motorcyclist.

The experienced motorcycle accident lawyers at DuBoff & Associates, Chartered understand that motorcyclists are as deserving of justice as anyone else on the roadway. If you’ve been injured by a reckless driver or any other negligent party, contact our law firm today.

What Causes Motorcycle Accidents in Silver Spring MD?

Motorcycle accidents can happen for a wide range of reasons. Below is an overview of some of the most frequent causes of motorcycle crashes in and around Silver Spring.

Driver Negligence

A large number of motorcycle accidents are caused by the negligence of other drivers. Common negligent behaviors include:

  • Failing To Yield Right Of Way: Many auto accidents happen when a motorist fails to yield to a motorcycle at an intersection or while changing lanes.
  • Distracted Driving: Drivers who are texting, talking on the phone, or otherwise distracted may not notice a motorcycle until it’s too late.
  • Driving Under The Influence: Alcohol or drug impairment significantly increases the risk of accidents. When a driver is under the influence, they often can’t react in time to avoid hitting a motorcycle.
  • Tailgating: Following a motorcycle too closely can lead to rear-end collisions, which are particularly dangerous for motorcyclists.
  • Speeding: Excessive speed is a leading cause of all types of motor vehicle accidents, including those involving motorcycles. High speeds reduce the time a driver has to react to obstacles or changes in traffic conditions, increasing the severity of collisions.

Poor Road Conditions

Motorcycles are more affected by hazardous road conditions than cars. Common dangers on streets and highways include:

  • Potholes: Hitting a pothole can cause a motorcyclist to lose control.
  • Uneven Pavement: Sudden changes in road surface can be difficult for motorcyclists to navigate.
  • Debris: Objects in the road, such as gravel, leaves, or other debris, can cause a motorcycle to skid.
  • Wet or Icy Roads: Slippery conditions greatly increase the risk of losing traction and control.

Mechanical Failures

Mechanical issues with motorcycles can also lead to accidents. These can include:

  • Brake Failure: If a motorcycle’s brakes fail, it can be impossible to avoid a collision.
  • Tire Blowouts: A sudden tire blowout can cause a rider to lose control.
  • Engine Problems: Mechanical issues can cause a motorcycle to stall or lose power unexpectedly.

Motorcycle accidents can occur for a variety of reasons. Being aware of these common issues can help motorcyclists stay safer on the road and exercise their right to monetary compensation if a negligent driver causes devastating injuries.

Common Motorcycle Accident Injuries

When motorcyclists are involved in accidents, the results are often devastating. Common injuries include:

  • Fractures, often complex and severe, because a motorcycle accident almost invariably leads to a fall against a roadway
  • Head injuries and traumatic brain injuries (TBI) can have serious impacts on both the physical abilities and the very personality of the victim
  • Spinal cord damage that may result in full or partial paralysis
  • Internal organ damage that involves extensive internal bleeding
  • Road rash and other skin abrasions occur when riders skid along the surface of the roadway following a crash

According to the National Highway Transportation Safety Administration (NHTSA), the fatality rate for motorcycle accidents in the United States is more than four times higher than for automobile accidents. Motorcycle accidents often lead to wrongful death cases as a result.

Proving Your Silver Spring Motorcycle Accident Case

At DuBoff & Associates, Chartered, our personal injury lawyers know that motorcyclists go into any courtroom or insurance negotiation with at least one big strike against them: the misconception that motorcyclists are usually responsible for their accidents. This is why motorcycle accident victims should retain experienced legal counsel as soon as possible to ensure that evidence is collected, motions filed and paperwork prepared before anyone can build a case that the accident was the victim’s fault.

If you or a loved one has suffered severe injuries in a motorcycle accident, with the help of our lawyers you may be able to recover fair compensation for medical and rehabilitation expenses, property damage, and lost wages, among other claims.

What should I do if I am involved in an accident on my motorcycle?

First and foremost, you should call 911 to make sure police and first aid arrive and you get medical attention if you need it.

If possible, you should take photos of any injuries or damage to your motorcycle as well as the accident scene itself. Keep copies of any medical records or bills, and make records of any related expenses. If you are unable to immediately meet with a motorcycle accident attorney, you mustn’t admit any fault or sign anything (i.e. any forms from an insurer) to preserve your rights. Any statements you make or forms that you sign have the potential to damage your case.

I Was In A Traffic Accident When A Car Turned Left In Front Of Me While I Was Riding My Motorcycle. Who Is At Fault?

A car making a left turn is almost always liable for a collision with a vehicle coming straight in the other direction. Exceptions to this near-automatic rule can apply if the vehicle going straight runs a red light or if there is a finding that the “last clear chance” rule applies.

I Was Injured In A Motorcycle Accident, But I Wasn’t Wearing A Helmet. Can I Still Recover Damages From The Other Driver?

Currently, Section 21-1306 of the Transportation Article of the MD Code requires that all motorcyclists operating a motorcycle wear a helmet. However, it is inadmissible in a civil trial for personal injuries as to whether or not you were wearing a helmet at the time of the collision. Motorcycle helmets greatly reduce serious injury and death and we strongly urge everyone to wear a helmet.  

If I get into an accident on my motorcycle, should I get a lawyer to help me?

You should talk to a qualified motorcycle accident attorney to understand whether you have a valid claim for damages. Issues in your case, like compliance with traffic laws, motor vehicle regulations, medical treatment, and liability, all are best understood by an experienced motorcycle accident attorney.

If I Get Into An Accident On My Motorcycle, Should I Get A Lawyer To Help Me?

If you have been injured in a motorcycle accident, a motorcycle accident lawyer can assist you in navigating the legal process and protecting your rights. Although the law doesn’t require you to hire legal counsel to pursue a claim for damages, there are several reasons why you should.
Understanding Your Rights: A motorcycle accident lawyer will explain your legal rights and options. They can help you understand what compensation you may be entitled to, such as medical expenses, lost wages, pain and suffering, and property damage.
Investigating the Accident: An experienced lawyer can conduct a thorough investigation of the accident. They will gather evidence, interview witnesses, and review police reports and medical records. This thorough approach helps build a strong case, especially when an insurance carrier tries to deny liability.
Dealing with Insurance Companies: Insurance companies often aim to minimize payouts. A lawyer will handle communications with insurance adjusters, ensuring your interests are represented. They can negotiate for a fair settlement and advise you on whether a settlement offer is reasonable.
Filing a Lawsuit: If a fair settlement can’t be reached, a lawyer can file a lawsuit on your behalf. They will represent you in court and present your case to a judge or jury. This includes preparing legal documents, making arguments, and calling witnesses to testify.
Calculating Damages: Determining the full extent of your damages is critical. A lawyer will assess both economic and non-economic damages, such as medical bills, rehabilitation costs, lost income, and emotional distress. This ensures that all your losses are considered in your motorcycle accident claim.
Providing Legal Advice: A motorcycle accident lawyer offers legal advice tailored to your situation. They can guide you on the best course of action, whether it’s accepting a settlement offer or pursuing litigation.
Maximizing Compensation: Ultimately, a lawyer’s goal is to maximize your compensation. By taking into account all aspects of your injury and its effects on your life, they strive to ensure that you receive your full financial compensation.
A motorcycle accident handles the legal aspects of your compensation claim so you can focus on recovery. If you’ve been injured in a motorcycle accident, seeking legal assistance can make a positive difference in the outcome of your case.

What kind of compensation can I receive after being involved in a motorcycle accident?

The maximum compensation you might receive will depend on the circumstances of your accident and your personal injury claim. To give you an idea though, you may be able to include some or all of the following factors in your compensation claim:

Permanent full or partial disability
Loss of the use of one or more limbs
Pain and suffering
Loss of enjoyment of life
Scarring and disfigurement
Lost wages
Property damage to your vehicle
Medical treatment expenses, including hospital bills
Prescription drug costs
Physical therapy expenses

There may also be other items you can include in your claim. Our team of motorcycle accident lawyers in Silver Spring will be able to tell you exactly what you could include in your accident claim after a consultation.

Determining Who Is Responsible For Your Motorcycle Accident Injuries

The first step to pursuing the financial recovery you deserve after a motorcycle crash is determining who is responsible for the accident. This involves identifying the cause of the accident as well as the at-fault party. Below is an overview of the most common causes of motorcycle accidents.

Road Conditions

Road conditions affect motorcyclists, often more so than drivers of other vehicles, so issues like potholes, uneven pavement, or debris, can lead to serious accidents. The government agency responsible for maintaining the roads must ensure they are safe for all motorists. If poor road conditions cause a motorcycle accident, the governmental agency responsible for maintaining the roadway may be held liable.

Driver Negligence

A high number of motorcycle accidents occur due to driver negligence. Statistics show that two-thirds of all motorcycle crashes happen when another driver violates the motorcycle operator’s right of way. Motorcycles are smaller and can be harder to see, so other drivers must make a conscious effort to look out for them. Unfortunately, distracted and negligent drivers often fail to do so. 

Common examples include drivers who are not paying attention, are using a cell phone, or are driving under the influence of alcohol or drugs. If another driver’s negligence caused your accident, they may be held accountable for their actions.

Design or Manufacturing Flaws

The design and manufacturing of the motorcycle itself can also play a role in accidents. Some models may have inherent flaws or be subject to recalls. If a defect in the motorcycle is found to have caused or contributed to the accident, the manufacturer could be held liable.

Determining who is responsible for your motorcycle accident injuries involves examining various factors, including driver behavior, the condition of the motorcycle, and the state of the roads. A thorough investigation can help identify the responsible party, whether it’s another driver, the motorcycle manufacturer, or a government agency. Understanding the cause of the accident is essential in pursuing the financial recovery you deserve.

How Much Does It Cost To Hire a Silver Spring Motorcycle Accident Attorney?

Most motorcycle crash attorneys work on a contingency fee basis. This means that you don’t have to pay any upfront fees for their services. Instead, the attorney fee is a percentage of the settlement or court award you receive. This arrangement can be beneficial because it aligns the attorney’s interests with your own—they only get paid if you win your case.

The specific percentage often depends on factors such as the complexity of the case and the attorney’s experience. Make sure to discuss the fee structure with your personal injury attorney during your initial consultation to understand what percentage will apply to your case.

It is important to note that while the contingency fee covers the attorney’s services, there may be additional costs associated with your claim. These can include:

  • Court filing fees
  • Costs for obtaining medical records
  • Expert witness fees
  • Deposition and transcript costs

These expenses are typically deducted from your settlement or award amount after the attorney’s fee is taken out. It’s important to clarify with your attorney how these costs will be handled and whether you will be responsible for any of them if your case is not successful.

At DuBoff & Associates, we offer free initial consultations. This allows you to discuss your case with the attorney, understand the potential costs, and determine whether we are a good fit for your needs without any financial obligation.

Helping Victims Of Maryland Motorcycle Accident Injuries Fight For Their Rights

At DuBoff & Associates, we know how to help victims of motorcycle accidents. Our law firm practices throughout Washington, D.C., and all of Maryland, including Washington County, Howard County, Calvert County, Charles County, and Kent County. Contact us online or at 866.791.1602 today to arrange a consultation.

Home and hospital visits are available to our seriously injured clients who are unable to make it to our office and we offer evening and weekend appointments when necessary. We are pleased to offer free initial consultations in personal injury cases and offer contingency fee arrangements when appropriate.



  • This field is for validation purposes and should be left unchanged.