Upper Marlboro Bicycle Accident Lawyer
If a reckless motorist crashes into you while you are riding your bike, you should retain the experienced services of a seasoned personal injury attorney. Roger Gelb could evaluate your situation and help you get the compensation you need. Speak to an Upper Marlboro bicycle accident lawyer to discuss your situation and legal options.
Maryland Bicycling Prohibitions
Maryland laws spell out several prohibitions for bicyclists. For example, the same driving while intoxicated rules that apply to motorists apply to bicyclists. Some other prohibitions for Upper Marlboro bicyclists include:
- Riding a bicycle hitched to or by holding on to a moving vehicle
- Riding while carrying items because both hands must be on the handlebars
- Transporting passengers on a bike unless the bike was designed for passengers
- Cycling on roads with speed limits of 50 mph or higher
- Cycling while wearing headsets or earbuds that compromise hearing external noises in both ears
Additional rules of the road, such as signaling and riding in traffic, are on Maryland’s books, and a bicyclist should become familiar with them for the safety of all. An important rule to know is Maryland Transportation Code § 21-1207.1, in which all bicyclists under age 16, with limited exceptions, must wear helmets. Even if a cyclist follows all the rules correctly, a negligent motorist may not. Consult an Upper Marlboro bicycle accident attorney to see if the facts of a bicycle crash warrant filing a lawsuit for financial compensation.
Crashes Caused by Negligence
Since road accidents can lead to severe injury or death, all motorists, bicyclists, pedestrians, and motorcyclists owe each other a duty to act responsibly when sharing the roads. When someone breaches that duty and the reckless actions cause injury to another, a negligence case can probably be made. For instance, a motorist has a duty to drive safely around bicyclists. A motorist drives fifty miles over the speed limit while high on drugs and crashes into a bicyclist crossing in a crosswalk, who dies later. The motorist breached the duty to drive safely, causing deadly injuries to the bicyclist following Maryland traffic rules. The motorist would be liable for a wrongful death claim. Consult an Upper Marlboro negligence attorney for help filing a personal injury claim if a loved one was killed by a reckless motorist.
Contributory Negligence of the Plaintiff
Only four states, including Maryland, Alabama, Virginia, and North Carolina and the District of Columbia (D.C.), rely on the doctrine of contributory negligence, which became Maryland law after the results of an 1847 case. In this doctrine, with very few exceptions, plaintiffs even slightly responsible for their injuries in accident cases cannot collect damages from a defendant, even if the defendant is overwhelmingly to blame.
The Maryland Court of Appeals, as recently as 2013, upheld contributory negligence as the state standard after hearing the case Coleman v. Soccer Association of Columbia, in which a soccer player was severely injured during play.
Contributory Negligence Example
An example of contributory negligence would be the motorist who crashed into a bicyclist while driving drunk, 50 miles over the speed limit. If the bicyclist was crossing the street in the middle of the block from between parked cars and with no crosswalk, a jury might find the bicyclist slightly negligent for the deadly accident, and the estate would probably not be able to collect in a wrongful death lawsuit.
Contact An Upper Marlboro Bicycle Accident Lawyer
Follow a collision with a motor vehicle, you should seek help from a skilled attorney. An Upper Marlboro bicycle accident lawyer could review the evidence and help you get you the compensation you deserve. Call today to schedule a consultation.