Personal injury lawyers in Harford County, MD can be of great help when someone has been hurt in a motorcycle accident and the other driver’s insurance company is uncooperative. The injured person is likely to need financial assistance with medical bills and lost wages, and expects to receive payment for motorcycle repairs or replacement. However, if the insurer determines that the injured person was even a little bit at fault during the accident, they have the right to not pay anything on the claim. This is because of Maryland’s stance on the legal concept of contributory negligence.
On the date, only four states use contributory negligence to decide the amount an insurer is responsible for paying. All other states use the concept of comparative negligence. Under comparative negligence, if a driver causes an accident but the other driver is partly at fault in the collision, that other driver can still claim a certain percentage of compensation. Contributory negligence, on the other hand, would not allow them to claim any compensation at all.
Personal injury lawyers in Harford County, MD could prove of great help when someone has to go through this hurdle. For example, after an insurance company conducts an investigation of the accident, the investigator may decide the motorcyclist was following a car too closely. If the car’s driver suddenly braked, the motorcyclist may be considered partly at fault if they hit the car or had to lay the bike down on the highway. This is true even if the car driver braked for no reason or braked and made a sudden turn without signaling. This type of investigation result can be difficult to overcome and may leave the motorcycle rider with no financial compensation.
In a state with comparative negligence laws, a motorcyclist might be able to claim compensation under these circumstances, but Maryland is still holding back from changing its personal injury laws to match those in 46 other states. A person who was injured during a motorcycle accident and has not obtained a settlement offer may consult the Law Offices of Stephen A. Markey III. Contact details are available at Markeylawfirm.com.
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