Motorcycle Accidents

Your Pillar of Strength in Difficult Times

Because motorcycles present more personal risk to the driver compared to other vehicles, they are sometimes treated unfairly in personal injury claims and denied potential Personal Injury Protection insurance benefits. At Pérez Halpern, LLC, we know motorcyclists deserve the full protection of the law—and a fair opportunity to claim compensation for their losses in a motorcycle accident. Whether you have been injured or suffered the loss of a loved one due to a motorcycle accident, you can count on us for compassionate and dependable legal counsel. We will lead the way while supporting you through every step of the process.

The jurisdictions of Maryland, Virginia, and The District of Columbia share many of the same laws regarding motorcycle accidents, but there are a few key differences. Our attorney can use the laws specific to the jurisdiction in which the accident occurred, as well as the unique facts of your case, to craft an excellent argument for your right to compensation. You will be at the helm throughout the process, meaning we will use our expertise to guide your ultimate decisions, answering any questions you might have along the way.

Maryland

As with auto accidents and truck accidents, Maryland follows the contributory negligence rule for accidents involving motorcycles, which prevents plaintiffs from recovering damages in a claim when their actions contributed in any way to the accident. Sometimes fault does not lie with another driver but with another party. For instance, the motorcycle or its parts might be defective, it might have a more dangerous design compared to the typical motorcycle, or the manufacturer might have failed to follow the right protocols for safety recalls. Maryland also enforces full motorcycle helmet laws which may play a role in your case.

Keep in mind that Maryland does not require Personal Injury Protection insurance for motorcyclists, so you will likely have to pursue a 3rd party claim and overcome any sort of contributory negligence defense in order to collect damages for your medically related expenses following a motorcycle accident. How can you find out if you have a case for legal action or potential insurance benefits after a motorcycle-involved accident? Let our attorney assess your case, advise you on your options, and guide you as you pick up the pieces and seek fair compensation for your injuries.

Virginia

As with any jurisdiction, there are unique nuances in Virginia’s laws which can come into play following a motorcycle-involved accident in the Commonwealth. For example, motorcyclists in Virginia are allowed to use HOV lanes. In addition to also having a mandatory motorcycle helmet law, Virginia also uses the contributory negligence rule. The rule bars plaintiffs from recovering damages when their actions contributed to the accident in some way. Although many people find that motorcycles are more practical and eco-friendly than other vehicles, some laws make it harder for motorcyclists to get compensation for their injuries after an accident, implying that they ride at their own risk. This can be devastating when the rider otherwise has a fair claim to damages for medical bills, lost wages, pain and suffering, and other costs.

Additionally, depending on your insurance coverage and that of the other party in the accident, you may have a right to collect MedPay benefits to cover your medical expenses following a motorcycle accident, but there are many nuances in play that must be considered. Our open-minded team understands that you have a right to be compensated, regardless of your choice of vehicle. Speak to us right away if you’ve been in a motorcycle accident in Virginia.

District of Columbia

When a motorcycle accident involves a car or other vehicle, the fault might lie with the car’s driver. For example, the car driver might forget to check the mirrors before changing lanes. In other cases, the motorcyclist can contribute to an accident by swerving dangerously between other vehicles. Because of the contributory negligence laws in DC, if you contribute to the accident in any way, you may be barred from recovering damages in a motorcycle accident claim—even if the other driver was mostly at fault. As with Maryland and Virginia, DC also enforces motorcycle helmet laws, which could come into play in your case. If you’re not sure how the facts of your case can affect the outcome, you should get in touch with our team. We will do our best to help you understand your legal options.

Keep in mind that you may also be able to collect Personal Injury Protection benefits from your insurance company—regardless of who was at fault for the accident—but this may impact your ability to pursue a 3rd party claim. Under certain circumstances you may be able to file both a 1st party P.I.P. claim as well as a 3rd party claim, but you will need to decide how to proceed within 60 days, so be sure to consult with a skilled attorney to decide which options best suit your needs

Here at Pérez Halpern, LLC, we look out for those who have been hurt in a motorcycle accident. We will make sure the insurance companies and at-fault parties provide the compensation you deserve. After all, why should your choice of transportation affect your legal rights? Call us today, and our team will work by your side throughout the entire process. We always do our best to answer your questions and return your calls as soon as possible.