Determining liability in a Maryland motorcycle accident can be difficult. However, proving who caused the crash is a required element of an insurance claim. If you do not have evidence that proves you did not cause the crash, you may not recover compensation for your injuries and damages.
The Maryland motorcycle accident attorneys of Pinder Plotkin LLC have extensive experience investigating motorcycle accidents to determine liability. Call 410-661-9440 for a free consultation with one of our lawyers. The Pinder Plotkin Legal Team explains your rights and then fights diligently to enforce those rights throughout the accident claims process.
Who is Responsible for an Accident That Injures a Motorcyclist?
Maryland is an at-fault state for traffic accidents. In an at-fault state, the person or party responsible for causing a crash is liable for the damages caused by that crash. In most cases, the insurance company for the responsible party pays the injury claim filed by the accident victim. However, you must provide sufficient evidence to the insurance company to prove that the other driver or another party caused the crash. If you cannot prove who caused the crash, you may not be able to recover compensation for your damages.
Evidence Used to Prove Fault
The Pinder Plotkin Legal Team conducts a thorough accident investigation to identify the responsible parties and obtain evidence to prove fault. Depending on the circumstances of the accident, the investigation can be complex and time-consuming. You need an accident attorney with the experience, knowledge, skills, and resources to handle a complex investigation.
Some of the evidence we use to prove liability in a motorcycle crash includes:
- Information gained from the police and accident reports
- Photographs and videos from the accident scene
- Statements from other drivers and eyewitnesses
- Physical evidence from the accident scene and the vehicles
- Medical records and statements from physicians and other medical providers
- Videos from cameras surrounding the accident scene, such as traffic cameras, ATMs, and store cameras
- Expert opinions from engineers, accident reconstructionists, and others
- If a large truck is involved, information from the trucking company, such as maintenance records, logs, black box recordings, etc.
Because evidence can be lost or destroyed, contacting our office as quickly as possible after an accident can help our team locate and preserve the evidence needed to prove liability. Because anything you say to insurance companies, police officers, other drivers, online, or to anyone else, it is always a good idea to avoid discussing the accident until you meet with an attorney. In addition, never apologize after an accident because your “admission” could be construed as an acceptance of fault.
What Happens If I Am Partially At Fault for the Motorcycle Accident?
If you believe you may be partially at fault for the crash, do not admit this to anyone. Contact our office to discuss your case with an experienced Maryland motorcycle accident lawyer. You may believe you were at fault when you did not have any responsibility for causing the crash.
In addition, Maryland is only one of four states and the District of Columbia that utilizes the pure contributory negligence standard for auto accidents. Pursuant to the pure contributory negligence standard, if you are even one percent at fault for the cause of the motorcycle accident, you cannot recover any compensation for your damages. This standard is the harshest way of apportioning damages in a traffic accident.
Insurance companies use the pure contributory negligence standard to deny valid claims. If the insurance provider can convince a jury you have even the slightest responsibility for the crash, your claim is denied. Therefore, it is extremely important that you do not discuss your accident with anyone, especially the insurance adjuster for the other driver. Do not provide a written or recorded statement until after you meet with a Maryland motorcycle attorney with the Pinder Plotkin Legal Team.
Recovering Damages for a Motorcycle Accident Claim
Once we prove fault in an insurance claim, we must prove that you suffered damages caused by the crash. Damages for a motorcycle accident typically include:
- Physical pain and suffering
- Medical expenses, including ongoing medical care
- Property damage to your motorcycle
- Loss of income, including loss of earning potential and future lost wages
- Permanent impairment, including scarring and disfigurement
The amount of compensation you may receive for your insurance claim depends on several factors. Our lawyers use the evidence in your case to claim the maximum amount of compensation possible. It is our goal to obtain full compensation for all losses, damages, and injuries.
Call Our Motorcycle Attorneys for More Information
Call Pinder Plotkin LLC at 410-661-9440 to schedule a FREE consultation with one of our lawyers to learn more about filing an injury claim.