A motorcycle accident can leave the victim with severe injuries, substantial medical expenses and lost income. Compensation is crucial to their physical, emotional and financial recovery.
However, motorcycle accident victims face a unique legal obstacle that can make their recovery much more difficult. Maryland’s legal doctrine, known as contributory negligence, sometimes called the “all-or-nothing” rule, can have a major impact on the outcome of an injury claim.
Understanding contributory negligence
Most states allow injured victims to recover damages even if they share some responsibility for the accident. Under Maryland’s contributory negligence law, they may be prohibited from receiving compensation if the insurance company, judge or jury determines that the motorcyclist contributed to the accident in any way. Even being one percent responsible could prevent recovery.
Because of this strict standard, fault is often the most important issue in any motorcycle accident case.
The issue becomes even more complicated because of unfair assumptions faced by motorcycle riders. There is a stereotypical biker image, and insurance companies may use that to portray the accident victim as reckless, aggressive or prone to speeding, even when the evidence suggests otherwise.
In a case where the driver clearly caused the crash, the driver may still argue that the motorcyclist was traveling too fast, failed to react appropriately or made some other mistake that contributed to the collision.
Disputes over fault are common. Often, both parties offer conflicting stories of the events. As a result, insurance companies conduct detailed investigations in an attempt to find some shred of evidence that shifts some portion of the blame to the rider. Even minor details can become important when contributory negligence is involved.
After any motorcycle accident, seeking prompt medical attention is essential. Injured riders should also try to preserve any evidence, if possible. They should also refrain from discussing the accident with insurance adjusters. Given what’s at stake, contacting a legal representative as soon as possible is the best way to increase your chances of receiving compensation.