Upper Marlboro Motorcycle Accident Attorneys

Motorcycle Accidents in Prince George’s County

Motorcyclists know the risks of sharing the road with careless motorists, but no one expects to be involved in serious accidents. Unfortunately, the likelihood of being involved in an accident is high—and the consequences for motorcyclists can be deadly.

If you were injured or if someone you love tragically passed away after being involved in a motorcycle accident in Prince George’s County, turn to the team at Farmer & Klopfer. Since 1978, we have successfully fought for the rights of injured bikers and the families of those killed in fatal collisions. Our Upper Marlboro motorcycle accident attorneys are aggressive advocates in and out of the courtroom; we are prepared to do everything possible to maximize your recovery and provide you with the financial resources you need to get back on your feet.

Maryland Motorcycle Laws

To legally operate a motorcycle in Maryland, you must obtain a Class M motorcycle license or a motorcycle endorsement on your existing driver's license. This typically involves passing a written knowledge test and a skills test, which assesses your ability to operate a motorcycle safely.

The state has a universal helmet law, which means that all motorcycle riders and passengers are required to wear helmets that meet the standards established by the U.S. Department of Transportation (DOT). The helmet must be equipped with either a neck or chin strap.

Maryland law mandates that all motor vehicles, including motorcycles, must be insured. The minimum liability insurance requirements for motorcycles in Maryland are the same as those for automobiles. This includes coverage for bodily injury and property damage liability.

Lane splitting, which involves riding between lanes of traffic, is illegal in Maryland. Motorcyclists must adhere to the same rules of the road as other vehicles, including staying within a designated lane.

Damages in Motorcycle Accident Cases

Even when they wear the appropriate safety gear, such as helmets and heavy clothing, motorcyclists are virtually unprotected compared to the occupants of passenger vehicles. As a result, they often sustain catastrophic injuries when they are involved in accidents, including traumatic brain injuries, spinal cord injuries, serious fractures, and road rash.

These injuries typically require extensive medical treatment, as well as ongoing and even lifelong care. Victims may be left with permanent disabilities or impairments that affect their ability to earn a living for themselves and their families. They may even struggle to complete everyday tasks or return to their once-normal lives. All of this can lead to significant physical, emotional, and financial losses. Collectively, these losses are known as “damages,” and the purpose of filing a personal injury or wrongful death claim after a motorcycle accident is to recover financial compensation for these damages.

At Farmer & Klopfer, we help our clients seek full compensation for all their damages, including but not limited to: 

Furthermore, if your loved one died in a motorcycle accident or due to injuries sustained in a serious collision, our team can help you seek justice and fair compensation by filing a wrongful death claim. Possible damages in wrongful death claims include compensation for funeral/burial costs, medical expenses, lost income and support, and loss of love, companionship, guidance, counsel, and comfort.

Why Motorcycle Accident Claims Are Complex

Motorcycle accident claims can be complex for several reasons:

• Severity of Injuries: Motorcycle accidents often result in more severe injuries compared to accidents involving cars. This can lead to higher medical bills, ongoing treatment costs, and long-term rehabilitation needs. Evaluating and quantifying these damages requires detailed medical records and expert testimony, which can add complexity to the claim.
• Liability Disputes: Determining fault in a motorcycle accident can be challenging. There may be multiple parties involved, including other motorists, pedestrians, or even road authorities if poor road conditions contributed to the accident. Establishing who is at fault requires thorough investigation, which can prolong the claims process.
• Bias Against Motorcyclists: There can be a bias against motorcyclists among insurance adjusters, law enforcement, and even juries. This bias may lead to unfair treatment or lower compensation for the motorcyclist, making it essential to have strong evidence and legal representation to counteract any prejudice.
• Complex Insurance Coverage: Motorcycle insurance policies may differ from standard auto insurance policies, and coverage limits and exclusions can vary widely. Understanding the nuances of insurance coverage and navigating multiple insurance policies (such as uninsured/underinsured motorist coverage) adds complexity to the claim process.

Successfully litigating motorcycle accident claims requires specialized legal knowledge and experience. Our team understands the unique laws and regulations governing motorcycles, and has expertise in handling negotiations with insurance companies and presenting compelling arguments in court if the case goes to trial.

Schedule a free initial consultation today by calling (301) 265-2220or by contacting us online.

How Farmer & Klopfer Can Help

Our attorneys offer aggressive legal representation focused on results. We take the time to get to know every one of our clients, offering personalized legal counsel and innovative strategies tailored to each individual’s unique needs, concerns, and goals. When you trust your case to our Upper Marlboro motorcycle accident lawyers, you can count on us to fight for you every step of the way.

There are no costs for you unless/until we recover a settlement or verdict on your behalf. To learn more, schedule a complimentary consultation with our firm.

Call (301) 265-2220 or submit a free online case evaluation form today.

Proving Liability in Your Motorcycle Accident Case

Under Maryland’s traditional fault-based auto insurance system, victims of motor vehicle accidents must prove that another person or party was to blame for the accident that caused their injuries. Once this has been established, the injured victim can file a claim against the at-fault party’s insurance company.

This means that, after a motorcycle accident, you will need to prove that the other person—usually the driver of the other vehicle involved—was somehow negligent, careless, reckless, or otherwise caused the collision. At Farmer & Klopfer, we work with accident reconstructionists and other specialists who help us recreate what happened and provide expert testimony in support of our clients.

Our Upper Marlboro motorcycle accident attorneys can review your case to determine if any of the following factors played a role in the collision:

• Driver error or negligence, including distracted driving, unsafe turns, and failure to yield the right of way or check for motorcyclists in vehicle blind spots
• Reckless or aggressive driving, including speeding, drunk driving, road rage, tailgating, and other traffic law violations
• Defectively designed or constructed roadways, or poor roadway maintenance, leading to potholes, blind curves, and other hazards
• Vehicle defects, including defective design or defective motorcycles, motorcycle parts, or motorcycle safety equipment, such as helmets
• Poor and/or unsafe conditions, including inclement weather and low visibility, and the other involved driver’s failure to properly adjust to such conditions

How Contributory Negligence Could Affect Your Claim

Most states follow what is known as the rule of comparative negligence, which allows people who are partially at fault for an accident or injury-causing event to still recover reduced compensation for their damages. However, Maryland is one of the few states to follow a contributory negligence rule. Under this rule, an injured party may not file a claim for damages if they are partially at fault for the event that led to their injuries, regardless of their degree of fault.

This means that, if the insurance company and/or court finds you even one percent to blame for the crash, you cannot recover any compensation after your motorcycle accident. Insurance adjusters often use this rule to their advantage. By arguing that the injured biker was even a little bit at fault, they can deny claims and avoid paying out compensation to injured individuals.

Because of this, it is incredibly important that you work with an experienced motorcycle accident attorney, like those at Farmer & Klopfer. Our attorneys can stand up to the insurance company while working tirelessly to prove the other party’s fault. We know how to fight back against insurance adjuster’s attempts to dispute or deny your claim, and we have a long history of success helping injured bikers recover the full, fair compensation they are owed.

What Is the Statute of Limitations on Motorcycle Accident Cases in Maryland?

In Maryland, you have just three years from the date of the accident (in most cases) to file a motorcycle accident lawsuit. If the three-year statute of limitations expires before you take legal action, you will almost certainly lose your right to sue the liable party for damages. Note that, in cases involving wrongful death, you have three years from the date of death to bring your lawsuit.

The statute of limitations applies to lawsuits, not insurance claims. In fact, after an accident, you may have less time to file an insurance claim with the at-fault party’s insurance provider. Most insurance policies require you to file a claim within a “reasonable period of time,” which could range anywhere from several days to a couple of weeks.

We recommend that you act quickly if you or someone you love has recently been involved in a motorcycle accident in Upper Marlboro or anywhere in Prince George’s County, Maryland. The sooner you contact our firm, the sooner we can begin preparing your case and communicating with the insurance company on your behalf.