As a motorcyclist, you will likely experience more serious injuries than the standard motor vehicle driver involved in your crash. This is primarily because you were not afforded the exterior protection of a vehicle frame, an airbag, and a seatbelt. Even so, when you begin pursuing your accident claim, you may be surprised that you are encountering so much pushback from insurance companies or opposing parties during litigation. If this is what you are currently dealing with, please follow along to find out whether you will experience greater difficulty recovering damages for your motorcycle injury, and how one of the proficient Prince George’s County motorcycle accident lawyers at Miller Berman, LLC, can help you overcome any barrier you may encounter.
Will my motorcycle accident injury be treated differently?
To reiterate, you may incur catastrophic injuries as the motorcyclist in the collision, such as a traumatic brain injury, spinal cord damage, and road rash that results in permanent scarring or disfigurement. In turn, your damages may be more severe, such as the cost of your long-term medical care and a permanently diminished quality of life.
Unfortunately, an insurance company may look at these serious injuries and damages and simply scrutinize your claim. That is, they may hold on to stereotypes that motorcycles are dangerous and assume that riders tend to behave more recklessly on the roads. Further, these negative connotations may even bleed into the evidence you attach to your claim, such as the police report an officer wrote at your accident scene.
All of this to say, despite generally being held to the same traffic laws and legal standards as standard motor vehicle drivers, you may experience unfair blame as the motorcyclist in the crash.
Does wearing a helmet affect my motorcycle injury claim?
Despite potentially enduring a more difficult legal process, we encourage you to pursue a motorcycle injury claim if you believe you were made the victim of negligence. Our team will do everything in our power to gather the right evidence to produce the maximum recovery. However, helmet noncompliance may complicate certain aspects of your injury claim depending on the nature of your injuries.
Notably, Maryland law requires all motorcycle operators and passengers to wear a securely fastened U.S. Department of Transportation (DOT)-compliant helmet. Failing to wear a helmet can result in a traffic citation and may become a disputed issue during litigation, although Maryland law substantially limits how helmet noncompliance may be used in civil claims.
Under Maryland Transportation Article § 21-1306, the failure of an individual to wear required protective headgear may not be considered evidence of negligence or contributory negligence. It also cannot limit the liability of another party or insurer and cannot diminish recovery for damages.
Maryland law operates under a strict contributory negligence doctrine, meaning that if you are found to have contributed to the accident at all, you can be barred from recovering any compensation. However, failing to wear a helmet is not legally considered to be evidence of contributory negligence. Even so, insurance companies may still attempt to argue that the absence of protective gear contributed to the severity of certain injuries.
The bottom line is that you may be seriously suffering in the wake of your motorcycle crash, and you require some immediate relief. Please feel comfortable leaning on one of the talented Prince George’s County injury lawyers from Miller Berman, LLC. We will offer you support in any way you require, so pick up the phone and call us today.
