Founding Partner
Motorcycle riders lack the protective steel frames and safety features of passenger vehicles. So when they get into an accident, even with a helmet and gear, their injuries tend to be serious. They deserve a law firm that will hold the responsible parties liable for their losses.
One of the best decisions you can make towards this goal is to hire a knowledgeable Maryland motorcycle accident lawyer. With McGowan & Cecil, LLC by your side, you have a trusted advocate who will represent your interests each step of the way.
Find Out Who Was Responsible
Among the first and most critical steps of holding the responsible parties accountable is identifying them. Although other drivers are often to blame, in part because motorcycles are not as easy to spot as cars and trucks, they may not be the only persons at fault.
Others who may be liable include:
- Employer: If the driver was on the job and performing essential work duties while driving, their employer may be responsible. In this scenario, the employer’s insurer could be forced to pay the victim’s damages.
- A parts manufacturer: A part or component on the motorcycle or another vehicle, such as the brakes, may have been defective and either led to the accident or aggravated the injury.
- Repair service: A mechanic or some other party that did shoddy repair work on the motorcycle or an involved vehicle can be held liable for their negligence.
- Safety gear manufacturer: Some motorcycle accident victims suffer more because of a problem with their helmet or safety gear. This points towards manufacturer liability.
- Government: The condition of the road could have contributed to the accident, which means government liability. Suing a Maryland government entity is more complicated than a private personal injury lawsuit, so be sure you consult a knowledgeable attorney.
The more parties that can be held accountable for your medical bills, lost income, and other damages, the higher your compensation is likely to be. We will work to hold all liable parties responsible for your losses.
Acquiring the Evidence
Once you know who is to blame for the motorcycle accident, it will be necessary to obtain the evidence proving it. This includes but is not limited to:
- Police accident reports: After being in a motorcycle accident, you should call 911 and report it. A law enforcement officer will come to the scene and generate an accident report with vital details.
- Pictures and videos: Pictures and videos of the accident scene provide powerful documentation of liability. Take pictures and record videos of the scene, and find out if anyone else in the area recorded it.
- Eyewitness statements: Next, you will want to see if any eyewitnesses observed the motorcycle accident or recorded it on a dashcam. Eyewitness statements provide valuable independent corroboration of your accident narrative.
- Expert witness reports: Motorcycle accidents sometimes involve complicated questions of causation, especially where mechanical defects are involved. Expert witnesses can explain the intricate details of these wrecks and how they show liability.
- Accident reconstructionist testimony: The accident reconstructionist is a specific type of expert witness who pieces together the evidence to demonstrate the various steps involved in the crash. Their testimony could prove foundational to your accident claim.
Countering Bias
An unfortunate complication that motorcycle accident victims must often deal with is juror and insurer bias. Juries and insurance companies are often skeptical of victims’ claims. They view motorcycles as inherently dangerous, which can make them less sympathetic to the victim.
The individuals who will decide your claim may assume that you were at least partially to blame for the crash. That’s a problem because under Maryland’s unforgiving contributory negligence rule, a victim who is even 1% liable for causing their own accident can recover nothing.
It’s therefore critical that you have a lawyer who is well-versed in the nuances of motorcycle accident lawsuits. We work to counter bias and ensure fairness in the court system by taking such steps as:
- Presenting clear evidence of liability: The stronger the evidence in your favor, the less easy it is for a juror or insurance adjuster to overlook it. Compelling evidence can overcome anti-motorcycle bias.
- Humanizing the victim: Motorcycle riders are everyday people just like members of juries and insurance company representatives. We take the time to present your story, as a victim, and explain the very real consequences the accident has had on your life.
- Supporting your narrative: Other individuals may play a key role in discussing the severe impact of the crash on your life. These include family members, friends, and co-workers who can testify on your behalf.
- Developing empathy: A member of a jury should be angry when, for instance, a drunk driver crashes into a motorcyclist. They should understand your pain and suffering, and we work to turn their empathy into the justice you deserve.
Making Your Case For the Damages You Need
At McGowan & Cecil, LLC, we know what it takes to prove liability in a Maryland motorcycle crash. We’re ready to help you win compensation so you can move forward. Reach out to us today to schedule your free initial consultation.