Maryland Motorcycle Accident Lawyer Blog
Earlier this year near Houston, Texas, two deputies were involved in a serious motorcycle accident that claimed one of their lives and left the other one seriously injured. According to a report by one local news source, the accident occurred around three in the morning on a highway in the Houston metro area. Both deputies were off duty at the time of the accident.
Evidently, police are still trying to piece together what happened in the fatal accident. However, so far they have determined that speed likely was a factor. A preliminary investigation revealed that the motorcycle went airborne shortly before the fatal crash. As the bike came back down to the ground, the driver lost control and crashed. It also seems that the driver of the motorcycle tried to come to a stop well before crashing.
The driver of the motorcycle suffered a broken arm and leg in the accident. However, his passenger, a 21-year-old female deputy, was pronounced dead at the scene of the accident. Thus far in the investigation, it is not clear who was at fault for the accident, and no citations have been issued.
Maryland Motorcycle Accidents Brought by Passengers
Just because an accident only involves one vehicle does not mean that the passenger aboard the motorcycle does not have any way to recover for their injuries. A Maryland personal injury suit may be brought by a passenger against a driver or their insurance company seeking damages for the injuries sustained in the accident.
A passenger in a motorcycle accident will likely have additional issues to overcome before they are permitted to recover. One of those issues is the argument that the passenger assumed the risk of injury by getting on the back of the bike in the first place.
The Doctrine of Assumed Risk
A defendant to a personal injury lawsuit may be able to escape liability by proving that the plaintiff assumed the risk that ultimately led to their injuries. However, in order to be successful in this, a defendant must show that the plaintiff was aware of the risk at the time they got on the bike. Merely getting on the back of a motorcycle is likely not sufficient. There must be additional facts indicating the plaintiff knew that there was an increased likelihood that an accident may result.
A dedicated Maryland personal injury attorney can assist a plaintiff by explaining what kinds of risks are acceptable and what knowledge may potentially defeat an otherwise meritorious claim against a defendant driver.
Have You Been Injured as a Motorcycle Passenger?
If you or a loved one has recently been injured as a passenger on a motorcycle, you may be able to recover monetary damages from the driver of the motorcycle. However, keep in mind that the defendant driver may attempt to escape liability by claiming that you assumed the risk of a serious accident by getting on the back of the bike. To learn more about motorcycle accidents and the doctrine of “assumption of the risk,” contact a dedicated Maryland motorcycle accident attorney by calling 410-654-3600.
More Blog Posts:
Questionable Police Chase Results in Several Serious Injuries, Maryland Motorcycle Accident Lawyer Blog, published December 4, 2014.
Motorcycle Accident on Inner Loop Injures One, Maryland Motorcycle Accident Lawyer Blog, published January 21, 2014.