Motorcycle Wrongful Death
Brien Roche
On June 9, 2020, a motorcyclist was killed in Prince George’s County, Maryland when his motorcycle struck a guardrail. He was on a highway ramp at the time of the impact. The decedent’s name is Damien Dickerson of Upper Marlboro. He was on the ramp westbound on Route 198 to southbound Interstate 95 in the Laurel area.
It’s unclear as to whether or not speed was a factor.
Motorcycle Wrongful Death
Motorcycle accident claims require prompt investigation. Riding is not without risks. It has been many years since I have ridden a motorcycle but in my younger days I had extensive experience riding motorcycles. I understand the risks. I also understand that some drivers do not maintain a proper lookout for motorcycles. My background extends not only to the courtroom in terms of trying motorcycle injury cases but also in terms of having been a motorcyclist.
Motorcycle Accident Investigation
- Keep the damaged bike in a safe place.
- Maintain all of the maintenance and repair manuals.
- Do not fix or otherwise adjust the damaged bike.
- Keep in mind that your bike may become an item of proof if the case has to be tried.
Motorcycle Wrongful Death on the Rise
Ridership in this country has increased over the last many years. Likewise, the number of injuries and deaths have increased. Many of these are caused by unsafe bikes. That lack of safety can come in several different respects. It may be due to throttle problems, helmet defects, or brake system deficiencies to mention a few. With most types of motorcycle defect claims there is probably going to be a need for a riding expert to explain what happens when that type of defect exists. The expert will need to explain how the defect caused the rider to lose control. In helmet defect cases the focus may be on the lack of proper lining in the helmet.
This leaves part of the head unprotected. The failure of the helmet to properly protect the most vulnerable part of the skull is the defect. The mere fact that a helmet is stamped as being approved by the U.S. Department of Transportation does not mean it is safe. It needs to be confirmed that indeed the helmet has been approved by the U.S. There has been some dispute over the last few years about whether or not motorcycle brakes should have antilock braking systems. Many bikes do. Data produced by the Insurance Institute for Highway Safety suggests that bikes with an ABS-equipped system are safer than bikes without one.
Motorcycle Wrongful Death and Juries
In handling any motorcycle accident case you need to recognize that there is a segment of the public that views motorcyclists as high-risk takers. Therefore they assume the risk of motorcycle riding. That needs to be dealt with upfront in terms of picking a jury. You need to identify those people in the jury panel that are high-risk takers versus others who are not risk takers. Getting all of the jurors to express candid feelings about motorcycle riders is a must. You need to have a riding expert explain the safety functions of motorcycle equipment. He needs to explain how the injured party complied with good riding practices. This is basic to winning the case.
Motorcycle Accident Personal Injury Lawyer in the DMV Area
If you have been involved in a motorcycle accident, contact us. Brien Roche has been serving the motorcycle accident litigation needs of the Fairfax, Virginia, and D.C. area clients for over forty years. See motorcycles on this site for a review of Virginia case law. Also, see the page on Wikipedia for motorcycle safety.