When riding a motorcycle, it is imperative to remain diligent and look out for other drivers. The potential consequences of a motorcycle accident are catastrophic. No one knows this better than our Hagerstown motorcycle accident lawyers. Since 1954, our legal team has been handling negligence cases. In fact, in our nearly 70 years of practice, we have handled thousands of cases.
When a motorcycle collides with a car or truck in Hagerstown, the results can be deadly. This is due to two key factors. First, there is a lack of safety technology on a motorcycle. Even in 2023, the technology is just not there yet to protect a rider. The Department of Transportation has guidelines of what is a compliant helmet. However, due to the lack of doors or airbags, there is no replacement for avoiding a collision at all costs. The second key factor is the sheer weight difference. A car, and especially a loaded 18-wheeler, can weigh 200 times as much as a 400-pound motorcycle. This lethal combination makes speaking with a Hagerstown motorcycle accident lawyer so valuable.
In 1982, the Court of Special Appeals of Maryland decided a case between William Dejarnette and Federal Kemper Insurance Company. See generally DeJarnette v. Fed. Kemper Ins. Co., 53 Md. App. 47, 451 A.2d 1274 (1982), aff’d, 299 Md. 708, 475 A.2d 454 (1984). In that case, the claim by Mr. DeJarnette for personal injury protection (“PIP”) benefits was denied. Accordingly, Mr. DeJarnette sued his insurance company seeking his benefits.
The Court of Special Appeals answered two issues brought before it. First, it determined injuries arising out of use of the motorcycle, even by a passenger within a policy provision excluding PIP benefits, is entitled to benefits. The court found this to be true even though, unsurprisingly, the passenger did not have a measure of control over the motorcycle. The second thing the Court held is that the exclusion provision in Federal Kemper’s policy is valid. This rule is still valid today and applies to any motor vehicle, not just a motorcycle so long as the provision in the policy includes it.
On the first rule, whether a passenger of a motorcycle is using it for insurance purposes, the court decided to interpret the word “use”, not in its literal meaning, but instead how it is typically interpreted within the normal context of an insurance contract. While the plaintiff did not win this case, the law is important because it clarifies how to interpret insurance contracts. If you have questions regarding your insurance contract or if you will receive PIP benefits, reach out to your Hagerstown motorcycle accident lawyer to discuss your options.
One of our Hagerstown motorcycle accident lawyers can help you determine whether you have a viable claim based on the facts of your case. If you are unsure, our consultations are always free, no exceptions. If you are involved in a motorcycle accident in Hagerstown or anywhere in Maryland, you may be entitled to compensation. You may be able to file a claim for negligence against the adverse driver, or make a civil assault or civil battery claim. Again, this depends on the facts of your case.
Every member of our legal team wants to help you succeed. When you call our office, you are greeted by one of our wonderful paralegals. You then are able to instantly speak with your attorney. Unlike other firms that have you deal primarily with legal assistants, our Hagerstown motorcycle accident lawyer follow a client-centric approach to our representation. Further, our fee structure does not charge clients by the hour. So, you can feel free to reach out to your attorney for any questions you may have. This is possible due to our contingent fee agreement. This is standard for personal injury lawyers, and we follow the traditional breakdown.
If you believe you have a case or have any questions regarding your accident, contact our office anytime. One of our Hagerstown motorcycle accident lawyers can talk to you today. Our phones are available 24/7 at (202) 331-7227. We look forward to speaking with you.