Maryland Motorcycle Law

In Maryland, The Number to CALL if You FALL is 1-877-Biker-LAW

 MARYLAND*

 

Maryland motorcyclists are protected under Maryland motorcycle law that makes negligent drivers responsible and liable to Maryland motorcyclists. A biker who is involved in a Maryland motorcycle accident may obtain compensation for his or her injuries that were caused by the other driver’s negligence. Damages may include payment for pain and suffering, scarring, disfigurement, loss of enjoyment of life, economic loss, no fault benefits, and more. What follows are some of the relevant law involving motorcycles in the State of Maryland.

 

If you sustained an injury due to a Maryland motorcycle accident and you haven’t contacted a lawyer about your Maryland motorcycle accident, the best thing you can do for yourself is contact us NOW. We’ll listen to you and help you understand your options. If you have a case, we’ll help you find the best motorcycle accident injury attorney or law firm in your area. As an attorney who litigates these cases, I belong to many trial lawyer and motorcycle lawyer groups and have gone out of my way to find the best motorcycle attorneys in each state. Even the phone call is free, and there is no obligation. Don’t wait until it’s too late, make a simple call and talk to attorney Jason Waechter, The Motorcycle Lawyer.   1-877-Biker-Law (1-877-245-3752).

 

Ø      Maryland is an At-Fault State. This means that when you are injured in a Maryland motorcycle accident, the law of negligence will govern your claim. The at-fault driver is responsible for your injuries. The law of contributory negligence may hold you accountable for a portion of your own injuries and damages arising out of your Maryland motorcycle accident if you were partially at-fault as well.

 

Ø      Maryland Helmet Law: When riding on or operating a Maryland motorcycle, you are required to wear a helmet with reflectorization.

 

Ø      Maryland Eye Protection: Eye protection is required when riding on or operating a Maryland motorcycle, unless the Maryland motorcycle is equipped with a windscreen.

 

MD Code, Transportation, § 21-1306
Mandatory equipment for riders

(b) An individual may not operate or ride on a motorcycle unless the individual is wearing protective headgear that meets the standards established by the Administrator.

(c) A person may not operate a motorcycle unless:

(1) He is wearing an eye-protective device of a type approved by the Administrator; or

2) The motorcycle is equipped with a windscreen.

(d) The Administrator:

(1) May approve or disapprove protective headgear and eye-protective devices required by this section;

(2) May adopt and enforce regulations establishing standards and specifications for the approval of protective headgear and eye-protective devices; and

(3) Shall publish lists of all protective headgear and eye-protective devices that he approves, by name and type.

(e)(1) The failure of an individual to wear protective headgear required under subsection (b) of this section may not:

(i) Be considered evidence of negligence;

(ii) Be considered evidence of contributory negligence;

(iii) Limit liability of a party or an insurer; or

(iv) Diminish recovery for damages arising out of the ownership, maintenance, or operation of a motorcycle.

(2) Subject to the provisions of paragraph (3) of this subsection, a party, witness, or counsel may not make reference to protective headgear during a trial of a civil action that involves property damage, personal injury, or death if the damage, injury, or death is not related to the design, manufacture, supplying, or repair of protective headgear.

(3)(i) Nothing contained in this subsection may be construed to prohibit the right of a person to institute a civil action for damages against a dealer, manufacturer, distributor, factory branch, or other appropriate entity or person arising out of an incident that involves protective headgear alleged to be defectively designed, manufactured, or repaired.

(ii) In a civil action described under subparagraph (i) of this paragraph in which 2 or more parties are named as joint tort-feasors, interpleaded as defendants, or impleaded as defendants, and at least 1 of the joint tort-feasors or defendants is not involved in the design, manufacture, supplying, or repair of protective headgear, a court shall order on a motion of any party separate trials to accomplish the ends of justice.

 

Ø      Maryland Statute of Limitations: If you are injured in a Maryland motorcycle accident, you must commence suit within 3 years of the date of the Maryland motorcycle accident.

 

Md. Code Ann. Cts. & Jud. Proc. Section 5-101:

"A civil action at law shall be filed within three years from the date it accrues, unless another provision of the Code provides a different period of time within which an action shall be commenced."

 

Ø      Maryland Motorcycle Minimum Insurance Requirements: The minimum insurance required for your Maryland motorcycle is Compulsory Liability Insurance.  The following is the minimum required liability insurance for your Maryland motorcycle:

 

·        Bodily Injury Liability (1 person): $20,000

·        Bodily Injury Liability (All persons in 1 accident): $40,000

·        Property Damage Liability: $10,000

 

Ø      Maryland Insurance Benefits: Your Maryland motorcycle insurance may cover benefits for your personal injuries resulting from your Maryland motorcycle accident, including but not limited to:

 

·        Reasonable medical expenses (past & reasonable future)

·        Loss of income/wages (up to 85%)

·        Loss of Services (Replacement Services)

 

Ø      Maryland Personal Injury Laws: As a result of injuries due to your Maryland motorcycle accident, you may be able to recover from the at-fault driver. You may be able to recover under the following:

 

·        Permanent Serious Disfigurement

·        Pain & Suffering resulting from Maryland motorcycle accident

·        Loss of Enjoyment

·        Loss of Consortium

 

*There are many exceptions, special definitions and complex issues that cannot be explained in this material. It is not intended to be a substitute for specific legal advice. Your legal rights greatly depend on the facts of your accident.

 

*Law changes constantly. Do not rely on this information. Law is vast and can not be covered in this limited space.

 

***Law portion of site in progress. Maryland motorcycle law regarding Maryland motorcycle accidents is being drafted and will be updated soon. Please call our firm for a free consultation to see if you have a case.