Motorcycle Accidents FAQs
Why would my motorcycle injury claim settle, rather than go to court?
It may be shocking to learn, but most injury claims are settled out of court. In fact, only a small percentage of personal injury cases go all the way to trial. This is because a trial typically takes longer, costs more money, and there is a small chance that a victim might not walk away from the courtroom with more money than if the claim was settled out of court.
If your motorcycle injury claim involves a minor injury—in which the extent of your injury and future medical care is known—your case may settle out of court. Even if you suffered a serious injury that you already recovered from, your injury claim may settle out of the courtroom. In the event that the full extent of your injury is not known, there is no need to rush to a settlement or trial.
Because every motorcycle accident is different and involves different injuries, it is best to work with an attorney with experience in settling cases and trying cases in court. Not all lawyers have tried a case in court, so it is critical to your case to find one with trial experience. When you do have an attorney on your side with a good trial record, the insurance company will know that and take negotiations seriously.
If your case is being negotiated, just remember that negotiations can take longer than you probably imagine. Although negotiations are generally faster than a trial would be, it can still take time for a lawyer and insurance company to go back and forth and finally get to a number that is reasonable. If you and your attorney don’t feel like the insurance company is willing to settle your case for a fair offer, you will want to pursue your case in court.
To learn more about getting the most compensation possible in your accident claim, request a free copy of our book 10 Tips to Get the Maximum Compensation After a Maryland Accident.
Are there red flags I need to be aware of when dealing with an insurance adjuster after a motorcycle accident?
Yes. Although there are many insurance adjusters who are honest, the goal of an insurance adjuster is to save his or her company money. This means that even if you have a valid case and you are truly injured, an insurance adjuster will be looking to pay you as little money as possible. Because of this, it is important to know how an insurance adjuster’s words, actions, and gestures could be potential red flags that could negatively affect your case. For example:
- Words. If an insurance adjuster tells you that he is on your side, it’s important to remember that he may be saying this because he wants to earn your trust and get you to accept a small settlement offer. Also, if an adjuster tells you not to hire an attorney, you should wonder why. When attorneys get involved, settlement offers generally increase exponentially.
- Actions. If an insurance adjuster won’t stop asking you for a recorded statement, you should be concerned. An adjuster will like to get your statement for the record in case he can use anything you say against you to limit your financial recovery.
- Gestures. When an insurance adjuster sends you a check for a settlement offer, it is important not to get excited about the money and cash the check. The adjuster’s goal is to get you to accept a quick settlement before you realize the extent of your injuries or how much your case is worth. So if an insurance adjuster is moving fast to settle your case, it should be concerning.
If you are ever concerned about the way your case is being handled by an insurance adjuster, you can always call an experienced accident attorney and get a free consultation. You can reach our office at (301) 942-9118, or you can request a free copy of our book 10 Tips to Get the Maximum Compensation After a Maryland Accident.
How does a pre-existing injury affect my motorcycle accident claim?
There is no doubt that the insurance company for the other driver will look into your past medical history to try and limit its liability by pointing at your pre-existing injury. They do this to try and reduce the amount of money paid to you; however, your claim doesn’t have to be negatively affected.
In order to make sure your injury claim isn’t harmed by a past injury, it is critical that you are up front with your lawyer about any and all pre-existing injuries—even though you may think your past and present injuries are dissimilar. Your lawyer needs to know everything in order to deal with the insurance company correctly. Failing to disclose a past injury can hurt your credibility and weaken your injury claim.
Our job as personal injury lawyers is to show how the motorcycle accident made your pre-existing injury worse. We can do this by comparing your past and present medical tests, such as MRIs and X-rays. We can also hire a medical expert to testify how the motorcycle crash worsened your pre-existing injury. Additionally, if several months or years have gone by that you didn’t have treatment for a past injury, we can argue that you didn’t have an ongoing problem. Thus, we can point to the current motorcycle crash as the source of your pain.
Although a pre-existing injury can negatively affect your motorcycle injury claim, it doesn’t have to. If your claim is handled correctly, you will still be able to collect compensation for new physical and mental injuries and past damages made worse. We will do everything we can to get you the most compensation possible so you have money for your medical bills, lost wages, and other damages. Please call our office for a free legal consultation today at (301) 942-9118.
Do I pay legal fees up front to be represented by an attorney in a motorcycle accident claim?
At Nickelsporn & Lundin, we work on personal injury claims on a contingency fee basis. This means you do not have to come in with any money or pay any attorney fees up front. If we agree to take on your motorcycle accident case, all we’ll ask of you is to sign our contingency fee agreement so we can get started on representing you immediately—with no money exchanged.
By working with our attorneys on a contingency fee basis, it simply means that the legal fee for handling your case will be contingent on the result of the case. For example, if we aren’t successful in getting you a financial recovery, you owe us nothing for our work on your case. On the other hand, if we do get you a settlement or successful jury verdict, our legal fees will come out of that financial recovery at the very end of the case. Legal fees range between 33.3% and 40%, depending on whether your case is settled, mediated, or litigated.
It is important for you to know that a contingency fee agreement is in your best interest because the attorney working on your case will want to get paid for his or her time and effort. By working with us in a contingency fee agreement, you can rest assured knowing that we are doing everything we can to win your case and get you a sizeable recovery.
If we are successful in winning your case, you will receive a log showing our legal fees and other costs our law firm has paid out on your behalf, such as court fees and other costs associated with an injury claim. To talk with us about hiring our firm to represent you in your motorcycle accident claim, or to learn more about contingency fee agreements, feel free to click the chat button to the left of the screen. We’d be happy to answer your questions in a free consultation.
What is my motorcycle injury claim worth?
You aren’t alone in wanting to know how much your case is worth. In fact, this is one of the first questions most personal injury victims want to have answered. It’s a legitimate question and one that makes sense to ask; however, the problem with this question is that every claim is unique and the value is based on the specifics of your case.
The value of a motorcycle injury claim is based on the extent of your injuries. For example, a broken arm will be worth a different amount of money than a traumatic brain injury. While every physical injury will be valued differently by the insurance company, it’s important that you are compensated not just for the physical injuries you suffered but for the other ways your motorcycle crash has impacted your life.
Motorcycle accidents often cause serious injuries that lead to lifestyle changes. If you aren’t able to lead the life you once did or participate in the things you once loved, you should be compensated for that. Additionally, if your injuries have caused you to suffer emotionally, the emotional impact of your crash should also play a factor in the compensation you receive. If your crash left you with disabling injuries or permanent physical injuries that prevent you from working and making a living, you should also be compensated for lost income and future loss of wages.
Because it can be difficult to know if the insurance company is making you a fair offer, you should speak with an experienced accident attorney to help you determine what an acceptable amount is for your injury claim. Feel free to pick up the phone and call us at (301) 942-9118 for a free case consultation.
Should I give a recorded statement after a motorcycle accident?
In the hours, days, and weeks following a motorcycle accident, the insurance company for the other side will contact you and ask you to provide them with a recorded statement. They may ask you to recount details of the crash as they record it for their records. Although it might sound harmless to simply talk about the wreck with an insurance adjuster, recorded statements taken by the other side are not to be entered into lightly.
Before you agree to provide the other side with a recorded statement, you should think long and hard. Here’s what you should know about recorded statements:
- You are under no obligation to the other side to provide them with a recorded statement. Although the insurance adjuster may make you feel like it is your obligation to do so, the law does not require it.
- Providing the other side with a recorded statement is often a mistake that can harm your personal injury claim.
- Insurance adjusters are trained to ask leading questions in order to use what you say against you. They are notorious for twisting words in order to place some of the blame on you so they can get out of paying you the compensation you deserve.
It is in your best interest not to give the other driver’s insurance company a recorded statement because it’s not going to help you. Unfortunately, it may harm you. Before you make such a mistake, contact us for a free consultation. We can guide you to making smart decisions to protect your injury claim. Call us at (800) 875-9700.
Do I have a case if I apologized to the other driver after my motorcycle crash?
It is very common for people to apologize to others, even if they didn’t do anything wrong. Many people say “I’m sorry” as a way of being polite; however, if the other driver told his insurance company you apologized, they will try to deny your injury claim. This is because Maryland accident claims fall under a rule called contributory negligence.
While most states have laws that fall under comparative negligence, Maryland reviews accidents under contributory negligence. The difference is that under comparative negligence, someone who is partially responsible for an accident can still receive compensation. For example, one person may have been only 10 percent at fault for a crash, allowing him to make a 90 percent recovery. However, the law doesn’t work this way in Maryland.
If you were even slightly responsible for the motorcycle crash you were injured in, contributory negligence won’t allow you to make any type of recovery. This is because the rule in our state doesn’t allow any driver who contributed to a crash to make any type of financial recovery from the other driver. The only way you would be able to make a financial recovery is if the crash investigation revealed that the other driver was 100 percent at fault for the collision.
If you really didn’t do anything to contribute to your motorcycle crash, you can hold the other driver liable for your damages. But because the other insurance company will look for ways to prove your negligence, you and your accident attorney will need to fight back to make sure you get the compensation you are due.
I posted a picture of my motorcycle accident on Facebook and made a comment about how I walked away from the crash. I’m now injured and am wondering if my comment will hurt my case?
For many people, Facebook is an avenue to share their everyday lives with friends and family. They regularly post about what they are doing, where they are going, or what just happened to them. Because posting comments and pictures on social media sites is almost second nature, many people who are involved in traffic collisions don’t think twice before posting something about their wreck.
Because we have seen insurance companies use social media postings against people in their accident cases, we would recommend never posting comments or pictures in the immediate aftermath of the crash or even in the days, weeks, or months following the accident. Insurance companies have discovered that social media can be a treasure trove of evidence to prove that people aren’t as injured as they said they were.
However, since you did make a comment about how you walked away from a motorcycle crash, a lawyer can still argue that you were simply amazed to be alive and not killed in a motorcycle accident. While your comment will not help your case, it probably won’t ruin it either. Your best bet is to speak with an attorney about your accident details and share with that lawyer the exact comment you made on Facebook so that you can get a good idea how to proceed with your claim. Don’t go it alone. We have as much experience with social media as the insurance investigators who are out to undermine you, so give us a call and like us on Facebook—that definitely won’t hurt your case!
I was visiting Maryland and was in a motorcycle crash. Will you take my case even though I live in another state?
Yes. It is actually critical to your legal case that you hire an attorney that practices personal injury law in Maryland. Although it may be more convenient to hire someone in your own state with whom you can easily meet in person, it will benefit your case to have a lawyer who is familiar with the local laws, traffic patterns, and the road on which your crash took place.
While it may surprise you, many non-residents are involved in traffic crashes every year while visiting our state. Unfortunately, the assumption is that the visitor is at fault because he or she is not familiar with our roads or traffic patterns; however, this couldn’t be further from the truth. Drivers who live in Maryland and are very familiar with our laws and roads are just as likely to cause collisions.
Unfortunately, there are many drivers who drive distracted or drowsy, and make other negligent driving decisions. In fact, most car-motorcycle collisions are the fault of the car driver because they fail to look out for motorcycles sharing the road with them. If your motorcycle accident was caused by a negligent driver, you have the same rights as those who live in Maryland and you deserve to be represented by an experienced attorney—no matter where you live.
Whether you were just passing through or you were a tourist spending a week at the beach, if you were injured in a Maryland motorcyle accident, we can talk with you to help you determine the best plan of action for your personal injury lawsuit. To set up an appointment for your free initial consultation, call us at 800-875-9700. Our attorneys are experienced in handling motorcycle cases and we may be able to help you, too.
Q:My motorcycle helmet cracked in a crash and I suffered a mild traumatic brain injury. How do I know if I have a defective product claim against the manufacturer of the
It is very possible that you have a claim against the manufacturer of your motorcycle helmet, especially if it the helmet is deemed defective and has been approved by the Department of Transportation (DOT). DOT approved motorcycle helmets have safety standards they have to adhere to and that are regulated by the Consumer Product & Safety Commission.
While there are safety regulations in place that manufacturers have to abide by, sometimes manufacturers cut corners or use poor materials, causing a defect in manufacturing or design. Unfortunately, defective motorcycle helmets have been known to make the way onto the market from time to time.
In order to determine if your motorcycle helmet was defective and if you have a product liability lawsuit against the manufacturer, you need to do a couple of things. First, take pictures of your helmet and save the helmet—including any pieces that came off the helmet. Then, it is essential that you speak with an attorney who has experience handling motorcycle accident claims. A good lawyer will help you preserve the evidence and get your motorcycle helmet inspected.
If your helmet is determined to be defective, you can hold the manufacturer liable and may be able to collect damages such as your medical expenses, surgical costs, lost income, pain and suffering, and other future damages. If the helmet was not defective, you may still have a claim against the other driver involved.
What are the chances I will hit a deer when riding my motorcycle?
Rockville-area roads are traveled on by many motorcyclists. Bikers can enjoy the hustle and bustle of downtown, or the quiet and forest-filled back roads. Along with their twists and turns, these less-traveled roads also feature animals.
Deer are a common sight on the sides of roads and are often spotted walking across them. While it may be nice to look at the beautiful creatures, encountering them while you are driving is an entirely different experience.
What Are the Chances You’ll Meet a Deer While on Your Motorcycle?
Striking a deer while you’re riding on a motorcycle is a dangerous proposition for all involved. Bikers can walk away with a variety of injuries after such an accident, if they are lucky enough to walk away at all. As a motorcyclist in Maryland, you should know what your chances are of getting into a collision with a deer.
- If you were playing the lottery, you’d like your chances. According to a study conducted by The Washington Post in 2012, your chances of striking a deer in Maryland are one in 114 or in other words, very high. Virginia bikers have a one in 102 chance of coming in contact with a deer.
- Most deer-related crashes involve motorcycles. The auto club AAA stated that 70 percent of deer-crash fatalities involve motorcycles. Additionally, seven of the eight deer crashes that occurred over a three-year period in Maryland and Virginia involved motorcycles.
- Maryland has lots of deer. Besides hunters and automobiles, deer in this area don’t have many predators. As a result, an abundance of the animals occupy the state, increasing your chances of hitting them.
When You Are Injured in an Accident
Are you the victim of a motorcycle accident due to another person’s negligence? If so, the legal team of Nickelsporn and Lundin want to help. Contact us today to find out how we have helped many crash victims in the Montgomery County area get the compensation they deserved.
What kind of helmet do I have to wear when riding my motorcycle?
Maryland is known for its lush landscape, which is particularly gorgeous when seen from a motorcycle. Whether you are taking a tour of downtown Silver Spring or want to ride through the picturesque back roads of Montgomery County, a motorcycle is a prime vehicle on which to do so.
If you’re going to take a ride on your motorcycle, however, you’ll need the proper protection. Maryland law states that all motorcycle riders must wear the appropriate helmets, or face penalties as a result.
Making Sure Your Head Is the Right Place: Choosing the Appropriate Helmet
Before you hop on your bike, make sure your noggin is properly protected with the appropriate helmet. The helmet you choose must conform to the standards set by the Maryland Department of Transportation, which include:
- The outer shell. The outer shell of your helmet must consist of Kevlar, graphite, fiberglass, polycarbonate, thermoplastic, or carbon fiber, or a combination of these materials.
- Shock-absorbing liner. Perhaps the most important component of the helmet, the shock-absorbing liner, is a firm, expanding polystyrene system that helps absorb the impact and disperse the shock of a blow.
- Comfort liner. Designed to help the wearability of a helmet, the comfort liner improves the helmet’s fit and should be made from velour, micro fiber, terrycloth, or brushed nylon.
The helmet must fit properly to provide the needed protection. Try several helmets on to ensure the right fit. The helmet should feel snug, but not tight. Additionally, never purchase a used helmet.
Obtain Additional Protection From an Attorney
No matter how good they are, helmets can’t prevent accidents from occurring. While the helmet can protect your head, you’ll require another type of protection after the crash: an attorney.
The legal team of Nickelsporn and Lundin wants to help you fight for your rights and receive the compensation you deserve. Contact us today to learn how.
Why is operating a motorcycle while under the influence dangerous during the holiday season?
Each year around the holidays, thousands of drivers take to the roads to visit family, friends, and loved ones and celebrate the season. Unfortunately, this also inevitably leads to an increased number of impaired driving-related accidents. It is no different for motorcyclists. Driving while under the influence is a dangerous activity that should be avoided at all times, but drivers should be especially diligent during these busy weeks.
Five Reasons Why Driving a Motorcycle While Under the Influence Is Dangerous
Driving a motorcycle while under the influence this winter puts your safety at risk. In addition, you could face criminal and financial penalties. The Montgomery County Police Alcohol Holiday Task Force is set to continue through January 1st, 2015. For the reasons below, motorcyclists should practice responsible driving habits over the course of the next several weeks:
- The Montgomery County Police Alcohol Holiday Task Force is placing extra emphasis trying to crack down on impaired drivers, penalizing those who do.
- In 2012, Maryland experienced 189 alcohol-impaired fatalities. The number of impaired driving accidents for motorists of all kinds increases during the holiday season.
- During the holiday season, there is a big increase of vehicles traveling on Maryland’s roadways. This increases the chances of an accident due to sheer volume. When alcohol is added to the mix, the chances increase even further.
- Motorcycles offer little in the way of external protection in the event of a crash. If a driver is operating the bike while under the influence, the odds of an accident increase. When a crash does occur, a motorcyclist faces the risk of significant injury or even death.
- Operating any type of vehicle is more dangerous while under the influence of alcohol because reaction time is slowed and judgment is impaired. In some cases, motorcycles can be less forgiving than other, larger-sized vehicles when it comes to these issues relating to driving, increasing the chances of a crash.
Staying safe this holiday season is crucial to ensure that you enjoy all of the celebrations that you plan to attend. We hope that you will help us spread the word to your friends and loved ones by sharing a link to this article on Facebook and Twitter!
Why is it more dangerous to ride my motorcycle during the winter months than it is during the spring and summer months?
Although the weather is turning colder, you just can’t face having to put your motorcycle away for an entire five months. Five months! That’s 300 days—if you’re lucky and winter doesn’t last through April. You just can’t do it. You need at least three…four…okay, maybe five more rides in order to sustain yourself. But, will it be safe to continue riding, even though the weather is getting colder?
You’ve read all the safety manuals, taken countless riding courses, and have all the protective gear that the shop suggested, but you’re still worried. Are you just being paranoid, or is riding in cold weather really that dangerous? Why does a few degrees make such a difference on whether or not you should be riding your motorcycle?
Cold Weather Hazards for Motorcyclists
Over the past several decades, it has been a somewhat assumed fact than most motorcyclists in colder climates store their bikes during the winter months of September through March. Due to freezing temperatures and unpredictable weather, you rarely see a biker on a Maryland highway after Thanksgiving. As a result, motorcycle accident rates for these months were barely existent. However, over the past few years, this assumption has begun to lose conviction and accidents are on the rise.
The National Highway Traffic Safety Administration (NHTSA) estimates that winter motorcycle accidents have almost tripled since 2000. Although significant research hasn’t been conducted as to why the sudden influx, the NHTSA does report that motorcycle traffic has also drastically increased throughout these months, even though the same winter riding risks from before 2000 still apply.
These risks include:
- Windchill affecting your concentration. Windchill is how the amount of wind effects how the temperature feels on your skin. As the wind increases, it draws heat from your body, driving down your skin and internal body temperature, making the actual outside temperature appear to be colder. When you suffer the effects of a temperature drop, you can become disoriented, shaky, and irritable.
- Frostbite affecting your control. Frostbite occurs when your body tissues begin to freeze as a result of heat loss. Symptoms includes the burning, tingling, or the loss of sensations in the affected areas, along with a deep reddening or purpling of the skin.
- Hypothermia affecting your awareness. Hypothermia occurs when your body temperature falls below 95 degrees Fahrenheit, due to heat loss and freezing temperatures penetrating your skin and muscles. Warning signs include loss of feeling in your extremities, disorientation, incoherence, memory loss, slurred speech, drowsiness, exhaustion, nausea, and uncontrollable shivering.
- Slippery roads affecting your traction. Motorcycles already have less traction than normal four-wheeled vehicles, and slush, melting snow, freezing rain, and ice, can decrease that traction even further. When your traction is decreased, your risks of slipping, sliding, and losing control are immeasurably increased.
- Road damage affecting your stability. Ice, salt, excessive rain, and blisteringly cold weather can cause roadways to crack, split, and crumble—increasing your risk for collisions.
Protecting Yourself During and After a Winter Ride
Riding a motorcycle always comes with risks. The simple truth is this is what makes riding so thrilling for many motorcyclists—the element of danger. However, you can still have that thrill without risking your life, or potentially putting others in harm’s way. If you choose to ride during colder weather, make sure you take all the necessary precautions to stay warm, maintain your bike, and keep control. Otherwise, your thrill could cost you your life.
Have you already been injured and need advice about your motorcycle accident claim? Contact us today for a free consultation and more information about how our experience can help you and your family.
Don’t be a statistic! Pay attention, follow motorcycle safety guidelines, and use your best judgment when it comes to winter riding. You can also help decrease future collisions by sharing this page with your friends, family, and social connections. Click the media icons on this page, to promote winter riding awareness, and show your support for motorcycle safety. Help us keep our roads safe for the New Year, share now!
What type of medical treatment should I expect after a motorcycle accident has caused my collarbone to break?
You were minding your own business, waiting for the traffic light to turn green, when all of the sudden the SUV behind you began inching closer and closer to you. Although you tried to maneuver to the side, he continued to pull forward straight into you. The impact—although small—knocked you and your Harley to the ground. You instinctively extended your right arm to try to catch yourself and prevent your bike from crushing you. Unfortunately, the weight of your hog was too much for you and collapsed onto your shoulder.
The driver of the SUV got out and helped lift the bike off of you, but as you attempted to lift yourself up, you crumpled back down in agony.
The pain was excruciating and you couldn’t move the entire right side of your torso. You could hear someone calling the cops. What is wrong and how will the hospital treat such a painful injury?
Typical Treatment Options for Broken Clavicles
Depending on the type of break you sustain, treatment and recovery can vary from simple setting procedures to full blown surgery, and recovery time can vary from three weeks, to three months. The U.S. National Library of Medicine, in conjunction with the National Institute of Health, define these two types of clavicle fractures as aligned (meaning that the broken ends meet) and not aligned (meaning the broken ends do not meet). Once your injury type has been diagnosed and assessed, your treatment options are as follows:
Aligned
- Arm support. A simple arm sling or wrap can be used for immediate comfort after the break, and are used to support your arm and help keep it in position while it heals.
- Medication. Pain relievers can help dull the pain while the bones heal and grow back together.
Not Aligned
- Surgical treatment. If your bones are displaced your doctor may recommend surgery. Surgery can align the bones and hold them in the proper position while they heal, improving shoulder strength throughout your recovery.
- Plates, pins and screws. During your operation, the bone fragments are first repositioned into their normal alignment, and then held in place with special screws, pins, or metal plates. The incisions for pin placement are usually smaller than those used for plates, but can be extremely irritating on your skin and must be removed. Plates and screws are usually left in after the fracture has healed.
Both
- Physical therapy. While you’re wearing the sling, you’ll likely lose muscle strength in your shoulder. Once your bone begins to heal, the pain will decrease and your doctor may have you start strength training, massage, and motility exercises. These exercises will help prevent your muscles from atrophying or becoming stiff and weak.
- Doctor follow-up appointments. You’ll need to see your doctor regularly until your fracture is healed. He’ll examine you and take X-rays to make sure the bone is healing in a good position. After the bone has healed you will be able to gradually return to your normal activities.
Although it is a slow process, following your physical therapy plan is an important factor in returning to all the activities you enjoy.
Getting the Help You Need to Get the Care You Deserve
The costs of an unexpected hospital visit and surprise surgery can definitely hurt you when you’re already down. This is why it is important to have an experienced lawyer on your side—to help you get the care you require without damaging your financial future. Contact us today for a free consultation and review of your accident claim, and see if you’re entitled to damages and compensation for your injuries. Don’t allow someone else’s mistake to affect your stability. You owe it to yourself to get the help you need.
Safety is the most important thing for you and your family. Help us spread the word about collarbone injury treatment and recovery by sharing this page on Facebook and Twitter.
How can I tell if my road rash is infected?
It has been two days since your unfortunate motorcycle accident caused the wounds on your legs and forearms. You were riding your motorcycle behind a minivan who had just turned out of Pacci’s. When you approached the intersection at Sligo, you noticed a pizza box on the hood of the car. The next thing you knew, the box flew off the car—catapulting scalding hot pizza all over you. Obviously, you weren’t prepared for this, and wound up crashing your bike to the ground—dragging your body with it.
Although the accident was humorously ridiculous in hindsight, your road rash isn’t funny. Even though you’ve cleaned it and bandaged it, it appears to be getting worse. It stopped bleeding, but it’s really hot to the touch and you can see pus.
Could the wound be infected even though you cleaned it? Even though it’s already been two days, should you go see a doctor?
Symptoms of Infection
Your skin is your first defense against infections and diseases. However, when your skin is scraped, cut, or peeled off, bacteria, infections, and diseases have a clear path into your blood stream. Unfortunately, this is the case for many motorcyclists who experience road rash. The Centers for Disease Control and Prevention (CDC) estimates that nearly 200,000 motorcyclists a year suffer from some sort of accident-related road rash.
Studies performed by The Mayo Clinic, as well as the CDC, have also found that an increase of “super bug” infections—MRSA and other antibiotic resistant infections—are becoming more and more common in road rash victims. This is why it is extremely important to be able to recognize signs of infection before becoming too late to treat your infection.
Common symptoms of infection include:
- Redness. Although a wound can become red from mere inflammation, if the redness spreads or gets darker, you may have an infection.
- Increased pain. If the pain worsens over time, an infection may be present.
- Swelling. Swelling is a common side effect of scrapes, but if the swelling doesn’t subside or if it gets worse over time, it could be a sign of an infection.
- Radiating heat. If your wound feels warm to the touch, it could be an indicator that your body is trying to fight off an infection.
- Pulsing. If you feel as though your wound is pulsating you may have an infection.
- Drainage. Any drainage is a classic sign of infection. White blood cells attempt to fight bacteria and fluid is produced as a result of dead cells, bacteria, and toxins.
- Fever. When an infection affects the blood stream, you may experience flu like symptoms such as fatigue and a fever.
Fighting the Infection and Cause
If you experience any of the above symptoms after a road rash accident, seek medical attention immediately. Although it may not seem like a big deal, an infection can cause serious damage to your tissue and bone—even result in poisoning your blood. Don’t take chances and see your doctor.
Fighting an infection can be an exhausting and unnerving experience, but having to fight your insurance company in addition to your injuries can be even worse. We know how frustrating it can be to deal with your injury claim while you’re still recovering. Fortunately, you don’t have to go through it alone.
If you’ve recently been injured in a motorcycle accident and need help, advice, and guidance when filing your injury claim, contact us today. The consultation is free, but we’ll give you the support you need to get the settlement you deserve. We’re waiting to help you.
Did you find this article interesting and helpful? Help us raise road rash awareness by sharing this page on Facebook or Twitter. You never know who may need the information or advice. With a simple click, you could help someone in need. Please, share now.
Could an anti-lock braking system have prevented my motorcycle accident?
The subject of motorcycle anti-lock brake systems (ABS) is highly contended amongst the Slow-Riders, Platinum Rollers, and the biker community as a whole. Many purists were taught on older bikes that weren’t equipped with ABS and therefore, believe that they aren’t necessary. Others believe that anti-lock brakes can cause even more problems than they solve.
“ABS will increase your stopping distance…When it fails, you won’t have any brakes at all…It’s dangerous when you’re not on pavement”…and so on and so forth.
However, as BMW can attest (as of 2012 ABS has been standard on all of their motorcycles), motorcycle anti-lock brake systems are life-saving and accident-preventing necessities. ABS has been evaluated both nationally and internationally as an important factor to increasing safety and reducing motorcycle accident numbers.
Benefits of Motorcycle ABS
The American Motorcycle Association, in conjunction with Bosch Engineering, proved to set the record straight about ABS. They performed numerous testing, research groups, and discussions with highly qualified automotive engineers, to conclusively show the benefits of ABS. The conclusions are as follows:
- When braking, ABS not only allows you to maintain some control, but it allows you to stop in a shorter distance by keeping the wheels from locking up and skidding when you grab the brakes.
- If the ABS unit fails, the braking system reverts to its traditional braking function.
- ABS-equipped motorcycles allow you to perform a panic stop on slick (non-pavement) surfaces, with more control than non-ABS-equipped motorcycles. In deep sand or very rough terrain, ABS may cause unwanted pressure or retention when braking. However, when ABS is installed, an override switch is available so the rider can turn the system off when the bike is going to be rode in true off-road environments.
No matter what your position on the purity of a motorcycle, the next time you decide to upgrade, you should seriously look into your anti-lock brake options. They don’t affect your normal ride, but could wind up saving your life during an accident. Although, neither ABS nor any other type of motorcycle technology can replace experience and proper training, added protection can never hurt.
Safety is the most important thing for you and your family. Help us spread the word about the benefits of motorcycle anti-lock brakes, by sharing this page on Facebook and Twitter or recommending it on Google Plus. More and more drivers are opting for the thrill of motorcycles over the mundane safety of normal cars. Help them be as safe as possible—share now.
Have you already been injured and need advice about your motorcycle accident claim? Contact us today for a free consultation. We’ll be happy to provide you with information, support, and advice to help you and your family get the injury compensation you deserve.
Is a motorcycle accident always the fault of the biker?
No, a motorcycle accident is not always the fault of a biker. It might feel like there is a prejudice against bikers and that insurers and others tend to blame motorcyclists for all bike crashes on I-895, I-695, and other Maryland roads. However, just because the insurer is trying to make that claim does not mean that it is necessarily true.
You Will Have to Prove Your Case
If you are claiming that someone else, such as a car or truck driver, was responsible for your accident and injuries then you are going to have to prove your case. You are going to have to present evidence that someone else’s distracted, drunk, or otherwise negligent behavior resulted in your accident and injuries.
But You Don’t Have to Do it Alone
Instead, an experienced motorcycle accident lawyer can investigate your case and provide evidence to the insurance company during settlement negotiations and to a judge or jury at trial about the other party’s negligence.
Don’t let a prejudice against bikers prevent your fair recovery. Instead, learn the facts about your own case and work with someone who isn’t afraid to fight for justice. You may be able to recover damages that include compensation for past, current, and future:
- Medical expenses
- Lost income
- Out-of-pocket costs
- Pain and suffering
You may be able to recover damages that make a big difference in your life and allow you to recover to the maximum medical extent possible. Don’t let a fight deter you. Instead, read our testimonials and case results to find out how we’ve helped other people who have been hurt in accidents.
Can road rash be fatal?
When you regained consciousness, you were in a hospital bed at Holy Cross, and had bandages wrapped around your torso, neck, and arms. Your family was sitting outside and your wife and mother were sitting next to you. They explained what happened, that you crashed on Sligo Creek and your motorcycle dragged you 15 feet into the Golf Course, causing severe road rash over 20 percent of your body—which was not protected by pads. After allowing this to sink in for a minute, they both took turns yelling at you for not taking proper precautions.
You attempted to calm them down by assuring them that road rash isn’t fatal, so they have nothing to worry about. Right?
Risks of Road Rash
Although road rash itself isn’t generally life threatening, the damage it causes could be severe enough to cause life-altering changes. In cases of severe, or third-degree road rash, skin can actually become flayed off, exposing bone, tissue, and severing nerves as well as creating large scars. In these cases, the risk for permanent damage is extremely high. Additionally, if severe abrasions aren’t carefully cleaned, maintained, and monitored, they could cause critical risks that could change your life or even be potentially fatal. These risks include:
- Infections – If not treated, infections can spread from the wounded area to your blood stream and then to your organs and brain.
- Blood loss
- Amputations
- Tetanus – If not vaccinated.
- Disfiguring scars
No matter the severity of your injuries or the degree of your abrasions, you should always seek medical attention after a motorcycle accident to assess any and all possible damage. Not only is this in your best interest health wise, but getting a fully documented injury assessment can also be beneficial for your injury claim.
Not sure if you want to pursue a compensatory claim? Contact us today to review your case and find out how much you may be entitled to for damages and suffering. Treatments and recovery can not only be long and arduous, but extremely expensive. Don’t become overwhelmed in medical debt when you deserve to have them paid for you. Call or contact us today for a free consultation—we’re here to help you.
Make sure your family and friends know the risk of motorcycle road rash by sharing this page with them via Facebook or Twitter.
Is there a way that I can make sure my motorcycle and I are clearly visible to the surrounding traffic?
Where did you come from?”
“Officer, he came out of nowhere!”
“I swear, I couldn’t see you.”
“It’s not my fault—your motorcycle is hard to see.”
As a motorcyclists, do any of these phrases sound familiar?
According to the Maryland Transportation Authority, motorcycles can be extremely hard to spot and may be one of the leading causes of motorcycle accidents in the United States. If a vehicle can’t see you, they can’t avoid hitting you.
So, what steps or preventative measures must you take to ensure that you and your motorcycle are safely visible to other cars?
How to Be Seen
It’s always better to be overly cautious than seriously injured. Follow these five simple visibility tricks to make sure you’re seen, rather than taking unnecessary risks and just hoping that other motorists notice you when riding your motorcycle.
- Wearing bright and reflective colors—especially at night—will aid in visibility.
- Turning on your headlights, even during daylight hours, can help motorists identify you better.
- Never ride parallel to another vehicle for too long, periodically speed up or slow down so the vehicle knows you’re still there. Riding for too long in a potential blind spot, can increase your chance of being forgotten about.
- When approaching an intersection, slow down, even if you have the right of way. This helps to make sure any vehicles who may be turning, have enough time to see you so they don’t turn in front of you.
- When stopped at an intersection, driveway, or exit, try to occupy the center of the lane as much as possible.
It may seem unnecessary to take extra visibility precautions just because you ride a motorcycle. If drivers just paid attention they’d see you. It’s not like your invisible, right? Unfortunately, this ideology won’t protect you if a driver looks past you or doesn’t notice you when he makes his turn. Protect yourself and help prevent a tragedy by taking the extra incentives to be seen. You won’t regret them.
Need more information about motorcycle safety or motorcycle accident claims? Feel free to browse our site to see how our vast experience and knowledge can help you get the information and settlement you deserve.
Feel free to share this page with your friends and family, or leave a comment to let us know if you found this article informative and resourceful for motorcycle safety awareness.
What are the three various motorcycle standards and what do they mean for my protection?
For your birthday, you’ve decided that you’re going to treat yourself to a brand new motorcycle. However, before you’re allowed to even step foot on Metropolitan Scooters’ lot, your girlfriend has insisted on taking you to pick out a helmet. She has told you that as a birthday present she’ll get you any motorcycle helmet you want, as long as its safety standards are high.
Having never had a motorcycle before, you’re not exactly sure what to look for when it comes to purchasing a helmet: what does each standard mean, how do they differ and what other facets should you pay attention to when choosing your motorcycle helmet, in order to keep yourself safe and your girlfriend happy?
Standard Classifications of Helmet Protection
When purchasing a motorcycle helmet, not only do you have to pay attention to comfort and fit, but also to the safety standard associated with it, in order to make sure you have the best helmet for your untended use. Most helmets will have one or more of three different classifications: DOT, ECE 22.05 and Snell.
- DOT (Department of Transportation) standards – Are based on on-road safety tests and must be certified for road conditions and potential road accidents, as opposed to off-road incidents. Every manufacturer can claim DOT standards after their own testing but must periodically submit samples to the National Highway Traffic Safety Administration for verification. The NHTSA will then test to make sure the helmets pass major component testing such as: impact and energy absorption, penetration resistance, strap retention effectiveness, vision obscurities, and the ability to withstand environmental forces.
- ECE 22.05 (Economic Commission for Europe) standards – Are similar to DOT standards and are used throughout 47 countries based on a United Nations agreement and specific regulations (22.05). However, ECE 22.05 test additional safety areas including scraping resistance, shell strength, and visor stability and protection. Unlike the DOT, ECE requires batch sampling before it can be certified.
- Snell (Snell Memorial Foundation M2010) standards – Go above governmental standards and are used for certifying safety of prototype helmets before they go into production. Although certification is voluntary, a Snell certified helmet offers the added comfort of knowing the helmet has been vigorously safety tested. Not only does it go through the same tests as DOT and ECE 22.05, but it’s also tested for stability and flame resistance.
Depending on your needs, fit, and taste in helmet design, the DOT standard is considered the norm for motorcycle helmets; however, if you prefer a higher safety standard that’s officially monitored from start to finish, ECE 22.05 and/or Snell certified helmets are the way to go.
No matter what your decision, make sure your head is fully protected every time you get on your bike. Motorcycle accidents can be extremely traumatic and if you’re not protected, you could fatally suffer or experience irreparable head, neck, or brain injuries.
Know someone who is having a tough time deciding what type of helmet to purchase? Please, feel free to share this page with him via email, Facebook, or Twitter, to help him understand the different safety standards.
Need more information about motorcycle safety or accident rights? Contact us directly for a free consultation. We’re here to help answer any and all of your questions and concerns.
Are wearing headphones a bad idea while driving a motorcycle?
Finally, after four long months you get to open your motorcycle up on 29. It is a beautiful day, so you put on your leather jacket, place your headphones in your ears, throw on your helmet, and push play on your “Open Road” playlist. Nothing could be better than rocking out to The Byrds while feeling the wind on your face—except for maybe, making it home alive.
No matter how careful or alert you think you are, headphones pose an extremely hazardous threat to both you and to the people around you.
Dangers of Wearing Headphones
The number one danger of motorcycling with headphones is that they can prevent you from hearing warning signs around you—such as other cars, sirens, pedestrians and traffic signals (railroad bells). However, if this was not enough to keep you from using them, they pose additional threats as well:
- Distractions – When riding a motorcycle, the slightest noise could pull your attention to the right or left—and where your attention goes, your bike goes. So imagine if one ear of your headphones is louder than the other, or the background singers are softer in one ear and the lead is in the other, are you willing to take the chance that it will not affect your driving? Well, for the sake of those around you, you should not be.
- Hearing loss – Can occur because of the headphones being compressed in the ears by the helmet in addition to high volume settings to combat the noise of the motorcycle.
Not only is it obviously dangerous to wear headphones in both ears while driving, it’s also illegal in the state of Maryland. So the next time you strap your helmet, leave the headphones at home. Instead, opt for handlebar speakers or helmet speakers that distribute noise evenly, softly, and safely.
Have you recently been injured by a distracted motorcyclist who was wearing headphones? Contact us today for a free consultation about whether you are entitled to damages and/or compensation for your injury.
Safety is the most important thing for you and your family, help us spread the word by sharing this page on Facebook and Twitter.
What right do I have if I was hurt while a passenger on a motorcycle in Maryland?
In motorcycle accidents where two people are on the bike, the passenger often bears the brunt of the injuries. This is in part because the passenger is more likely to be thrown from the bike than the main operator is. A passenger is also more likely to be riding without a helmet if there is not an extra one.
Passengers who have been hurt while riding on the back of a motorcycle have the same rights as any other motorcycle operators. You may be able to recoup compensation from the at-fault driver if you suffered any of the following:
- Head injury after being thrown off the motorcycle
- Broken bones from hitting the pavement
- Crushing injuries or burns from being trapped by the motorcycle
- Road rash from being dragged along the ground
Passengers also have one additional right that the main operator does not. Speed, alcohol, driver inexperience, and driver error are common contributors to motorcycle accidents in Maryland. An operator who contributed to the cause of an accident is no longer eligible to recoup damages for his or her injuries. Any passengers, however, may still be able to receive compensation because the error was not theirs. In fact, a passenger may be able to request damages from the motorcycle operator for those injuries.
If you’ve been hurt while riding on the back of a friend’s motorcycle, or if you have lost a family member to a Maryland motorcycle accident, you may need help getting the compensation you deserve. Call Nickelsporn and Lundin at 800-875-9700 for a free consultation or to order your complimentary copy of our book, 10 Tips to Get the Maximum Compensation After a Maryland Auto Accident.
Ever since my motorcycle accident, I have had problems with bad headaches—even migraines. Are these related to my accident, and can I demand compensation as a result?
It is certainly possible that the two are related. Anytime a motorcycle rider is involved in a car accident, the potential for serious injury is high. It may take weeks—in some cases even months—to determine the full extent of your injuries following a serious wreck. Motorcycle riders in particular are susceptible to major injuries simply because they have so little protection from the impact of a crash on the Beltway or on Sunrise Highway.
Even if you were wearing a helmet when the accident occurred, it’s quite possible that you suffered a minor—if not more serious—head injury. Don’t assume that because you were wearing a helmet, that you could not have suffered a head injury. Helmets do reduce the risk for head injury by nearly 70 percent, but they cannot prevent all head injuries. If you hit your head at all and suspect that you may have some of the symptoms of a concussion or a more serious head injury, then you should see a doctor immediately.
Depending on the seriousness of your condition, you may want to request compensation from the at-fault driver. You may be able to settle out of court for more minor injuries. If you have other major injuries and need more compensation than the driver’s insurance company is willing to pay, you may need to pursue a personal injury lawsuit.
At Nickelsporn and Lundin, we retain the services of a registered nurse to make sure that every one of our clients is getting the medical attention he or she needs. This also enables us to more accurately determine the amount of compensation needed to pay for any future medical care that may be needed. To request a free compensation, call us today, or chat with one of our representatives online to set up your appointment.
Can you get hypothermia from riding your motorcycle on a rainy day?
Yes, it is possible. While most people associate hypothermia with extreme cold, the outside temperature is not the only factor that contributes to this medical condition. By definition, hypothermia is an “abnormally low body temperature.” Your inner body temperature can become dangerously low even at relatively high temperatures.
Common Causes of Hypothermia
According to the Mayo Clinic, the following are all common causes of hypothermia:
- Wearing clothes that aren’t warm enough for weather conditions
- Staying out in the cold too long
- Unable to get out of wet clothes or move to a warm, dry location
- Accidental falls in water, as in a boating accident
- Inadequate heating in the home, especially for older people and infants
- Air conditioning that is too cold, especially for older people and infants
Water is one of the quickest ways to become susceptible to hypothermia, whether a person falls in a lake or is out in the rain too long. This is why a person who has been lost in the woods for several days can succumb to hypothermia even in 50-degree temperatures. When a person who is riding a motorcycle in wet and rainy conditions on the Beltway is inadequately dressed for the weather, he or she can become “chilled to the bone,” to use a colloquial term.
Hypothermia can be a dangerous condition. If you find yourself shivering uncontrollably while riding on a rainy day, you may be in danger of hypothermia. You should get inside and change into dry clothing as soon as possible. Riding while in a hypothermic state is dangerous because it can affect your coordination, reflexes, thought processes and energy levels. For more helpful tips on riding in inclement weather in Maryland, we invite you to check out our library and blog sections.
What can I do if someone or something forced my motorcycle off the road, causing me to crash? The Prince George’s County police think it’s a single-vehicle crash, but I disagree.
Because motorcycles are so susceptible to external conditions, it’s easy to lose control of your bike due to the actions of a nearby driver or debris on the road. When that happens, you may have difficulty convincing the cops or a judge that someone—or something—else caused your crash. It’s important that you fight back if you think another person’s negligence caused your accident. If you don’t, you may lose your right to compensation for your injuries.
Other Drivers
Most times, a close call is just that. Occasionally, however, another driver may cut you off—potentially even nicking your motorcycle without realizing it—and then continue driving while you lose control and crash on a local highway in Prince George’s County. If that was the case in your situation, you may be able to request compensation on the basis that you were the victim of a hit-and-run accident.
Road Conditions
Bad weather or debris on the road can greatly diminish a motorcyclist’s ability to navigate the road safely. You may have crashed due to any of the following:
- An unseen patch of ice
- Potholes
- Salt or sand leftover from winter
- Gravel
It’s unlikely that you will be able to recoup damages in most of these scenarios. However, you may have a case if you can prove that the county or city responsible for keeping that particular road safe failed to deal with the issue in a timely manner, thereby causing your crash.
Whether you’re struggling to get compensation after a motorcycle crash on the Capital Beltway or along the Intercounty Connector, you may need help proving your innocence. This is vital to protecting your right to damages. For more information on how Maryland law affects victim compensation, we encourage you to start an online chat with one of our representatives.
Who is at fault in a Maryland motorcycle accident where multiple vehicles were involved?
Determining who the at-fault person is in a multiple-vehicle accident is rarely easy. These types of crashes can become complicated, and it’s common for more than one driver to start playing the blame game.
The truth is that more than one person may have contributed to causing the crash. If so, that fact will greatly affect how (and from whom) you get compensation for your injuries. You will also need to prove that you were not one of the riders who contributed to the accident in order to protect your right to damages.
If you were riding in a group with other motorcyclists, you may want to look at any of the following factors:
- Did the leader fail to properly advise riders of an approaching traffic signal or road hazard that led to the crash?
- Were motorcyclists riding two abreast along a too-narrow road?
- Did one or more riders exhibit unsafe riding skills?
- Did any of the riders run a red light or stop sign in an effort to stay together?
If the crash involved multiple automobiles, you may want to ask the following questions:
- Which of the drivers saw (or failed to see) your motorcycle?
- Do the drivers know how to drive safely next to a motorcycle?
- Did any of the drivers engage in unsafe driving habits, such as tailgating or speeding?
- Did any of the drivers break a Maryland traffic law?
Whether you were injured in a crash on the Beltway or along a quiet residential road in Maryland, any motorcycle accident typically ends in serious injury. You may want to request help from an experienced Silver Spring motorcycle accident lawyer who can help you get the compensation you need. Call 800-875-9700 to request a free consultation.
How can I protect my right to damages after a winter motorcycle crash in Maryland?
When you’ve been injured in a serious motorcycle accident, protecting your right to compensation for your injuries is crucial. Saying or doing the wrong thing can greatly limit your chances to getting any money to help pay for the medical expenses you have incurred as a result of the accident. Here are three tips to protecting your rights after a Maryland motorcycle accident:
- Practice Defensive Driving
The first step to protecting your rights in a crash is to practice defensive driving. Not only can this help avoid many accidents, but a habit of safe driving can also benefit you when it comes time to proving who actually caused the accident and convincing the judge or jury of your innocence. - Don’t Admit Fault!
As you may already know, admitting fault in a Maryland motorcycle crash will rob you of any right to compensation for your injuries. Maryland’s status as a contributory state can be detrimental to victims who don’t know how to protect their rights. Politely decline to provide a statement to the other driver’s insurance company, and avoid potentially incriminating yourself without knowing all the facts. - Hire a Lawyer
An experienced Maryland motorcycle accident lawyer is familiar with state laws and how to make sure you get the compensation you need to get your life back on track. If you’re facing an uphill battle in getting damages for your injuries, you may need help from a professional. For more information on how to protect your rights, or to hire a lawyer today, call our offices at 800-875-9700.
How does a Maryland criminal case against the driver who caused my motorcycle accident affect my right to compensation?
When you’ve been the victim of a motorcycle accident with another vehicle, it helps to pay close attention to any formal charges the police may bring against the other driver. These charges may end up benefitting you later in your civil claim against the other driver.
Civil court and criminal court are two separate entities in Maryland, but both may hear evidence regarding the same event. For example, if the other driver broke the law while causing the accident that left you injured, the state will likely bring a separate criminal case against the at-fault driver. This case will appear in criminal court, whereas your request for compensation from the same driver for the same accident will likely take place in a Maryland state or county civil court.
Some of the same information may be used in each case. For example, if the other driver was charged with (and possibly convicted of) a DUI in connection with your Maryland motorcycle accident, you can use that information in your civil case to show that the other driver was undeniably at fault for the accident. When you have evidence that the other driver willfully broke the law, that fact often works in your favor when it comes time to negotiating your settlement amount. The judge deciding your compensation amount may be more sympathetic to your pleas when the other driver chose to disregard the law rather than if he simply made an honest mistake.
Understanding the intricacies of civil and criminal cases in regards to motorcycle accidents can be overwhelming. When you’re ready to pursue a Maryland personal injury claim against the driver who caused your wreck, call one of our experienced accident lawyers at 800-875-9700.
How does a Maryland criminal case against the driver who caused my motorcycle accident affect my right to compensation?
When you’ve been the victim of a motorcycle accident with another vehicle, it helps to pay close attention to any formal charges the police may bring against the other driver. These charges may end up benefitting you later in your civil claim against the other driver.
Civil court and criminal court are two separate entities in Maryland, but both may hear evidence regarding the same event. For example, if the other driver broke the law while causing the accident that left you injured, the state will likely bring a separate criminal case against the at-fault driver. This case will appear in criminal court, whereas your request for compensation from the same driver for the same accident will likely take place in a Maryland state or county civil court.
Some of the same information may be used in each case. For example, if the other driver was charged with (and possibly convicted of) a DUI in connection with your Maryland motorcycle accident, you can use that information in your civil case to show that the other driver was undeniably at fault for the accident. When you have evidence that the other driver willfully broke the law, that fact often works in your favor when it comes time to negotiating your settlement amount. The judge deciding your compensation amount may be more sympathetic to your pleas when the other driver chose to disregard the law rather than if he simply made an honest mistake.
Understanding the intricacies of civil and criminal cases in regards to motorcycle accidents can be overwhelming. When you’re ready to pursue a Maryland personal injury claim against the driver who caused your wreck, call one of our experienced accident lawyers at 800-875-9700.
What compensation can I get for road rash suffered in a Maryland motorcycle crash?
Don’t let the mild name of this potentially serious injury deceive you. Road rash can become a very severe condition. Most commonly associated with motorcycle and bicycle accidents, road rash refers to the skin abrasions that a rider receives when she is thrown from the bike. Motorcycles and bicycles offer no protection from the outside environment, leaving the victim’s bare or cloth-covered skin exposed to the hard pavement.
While most mild cases of road rash can be treated at home, an unusually large wound or infected road rash may require medical attention, particularly if your tetanus shot is outdated (more than 10 years ago). Any infection can quickly spread to other parts of the body if left untreated. See a doctor immediately if you believe your road rash is not healing as well as expected. Signs of a potentially infected rash include the following:
- Fever
- A foul smell from the wound
- Unusual amount of redness or pus
- Increased pain
- Swelling around the wound
- Feeling dizzy
More severe cases of road rash are sometimes referred to as road burn because they are typically deeper, cover a larger area of skin, and receive treatment similar to that of a burn. In extreme cases, you may have to undergo additional medical procedures, such as skin grafting (to replace lost tissue) or debridement (removing dead, damaged, or infected tissue from a wound).
If you’ve suffered a severe case of road rash following a motorcycle crash in Maryland, you may be eligible for compensation to pay for your medical expenses related to the injury. For more information or a free consultation, call our skilled Maryland motorcycle accident attorneys at 800-875-9700 today.
How can I tell if the helmet I was using at the time of my Rockville motorcycle accident was defective?
Wearing a helmet is not a guarantee that you will never die in a Maryland motorcycle accident, but it is a pretty good safeguard. Statistics show that a helmet can greatly reduce your risk of dying or suffering serious head injury in a crash.
If you were wearing a helmet at the time of your Rockville motorcycle accident but still suffered a serious head injury, there is a possibility that your helmet malfunctioned. Similarly, if you lost a loved one due to a head injury in a motorcycle wreck where a helmet was used, something may have been wrong with the helmet.
Your first step is to see whether or not the helmet was truly approved by the Department of Transportation. Not all helmets are DOT approved. A DOT helmet has four basic features: a hard shell, a shock-absorbing liner, a comfort liner, and a chinstrap.
Next you will also want to see if there were any recalls on the particular helmet that you were using. Recalls are issued every year; for more information on recent recalls check out Safer Car.
Unfortunately, a helmet will not necessarily be able to save the life of every rider. Some Maryland motorcycle wrecks are simply too damaging and end up in fatalities even with the use of a fully functioning helmet.
When that happens, you may still be able to recoup damages for your loved one’s final expenses through a Maryland wrongful death lawsuit.
Whether you are looking for more information on what helmets are good to use or if you need a Maryland motorcycle accident lawyer to help prove your helmet malfunction case, call Nickelsporn and Lundin at 800-875-9700 for more information.
How can defensive driving help me when I’ve already been the victim of a Maryland motorcycle crash?
Defensive driving can help prevent a serious motorcycle crash altogether, and it can help minimize the damages in what could have been a fatal wreck. Proof that you are a defensive driver can also help you when it comes time to pursue a claim for a Maryland motorcycle accident injury.
While the rough-and-tumble stigma once associated with motorcyclists is not as bad as it used to be, you may still face some misperceptions if you were involved in an accident. Too often, others assume that a motorcycle crash occurred because the rider was being reckless. In reality, the other driver is typically responsible for motorcycle accidents in Frederick, Silver Spring, and Rockville.
Because Maryland is a contributory state, you will need to prove without a doubt that you did not contribute to the cause of the accident. Proof that you drive defensively and are a conscientious driver will greatly help boost your claim.
Tell your Frederick accident attorney of any safe driving tactics you use, such as:
- Wearing a helmet
- Wearing a protective jacket, long pants, boots, and/or bright clothing
- Taking a defensive driving course
- Keeping up the maintenance on your motorcycle
- Looking out for other drivers
- Following traffic laws
- Following the speed limit – Again, the general public typically assumes that a motorcyclist was speeding when the accident occurred
When you’ve been involved in a serious Maryland motorcycle accident, it’s a good idea to talk to a lawyer regarding your rights. You just might save yourself a costly legal battle. For more information or a free consultation, call Nickelsporn and Lundin today at 800-875-9700.
How can I prove that I was an innocent victim in my Maryland motorcycle accident?
As you may know, Maryland operates as a contributory state. This means that no one who is partly responsible for a Maryland motorcycle accident can receive any compensation for injuries they received in that same accident.
Practically, this means that the other driver (and his or her insurance) has the incentive to accuse you of contributing to the cause of the accident. By doing so, they will be able to escape responsibility for paying for your injuries.
While we hope that most people would be honest, especially in a courtroom under oath, it is possible that the defense may tell outright lies in the hopes of getting off the hook for your deserved compensation. Whether it’s the truth or not may not matter if they can convince the judge or jury deciding your case that it is true.
If anyone else is casting even a shred of doubt on your innocence, you should immediately consult with an experienced Maryland motorcycle-crash attorney. The quicker you get legal help, the higher your chances are that you will be able to stop such lies before they take root and ruin your chances at compensation.
An attorney can help you get the necessary evidence to prove your side of the story. Because of Maryland’s status as a contributory state, this is one fight you don’t want to risk going into alone.
When you’ve been involved in a serious Maryland motorcycle crash, you can trust the experience of Nickelsporn & Lundin. For a free consultation, call our office today at 800-875-9700.
I lost a limb in a Maryland motorcycle accident. Can I get the person who caused the crash to pay for my expensive prosthetics?
The short answer is that yes, you should be able to incorporate that into your compensation. However, be prepared to fight for it.
When it comes to personal injury cases, there is no set amount of compensation for any specific injury incurred in a Maryland motorcycle crash. Because each accident and each injury is unique, the compensation will vary for any two people. What is covered in that compensation may also vary.
Just because you lost a limb in the crash, do not assume that the insurance company will automatically offer to pay for a prosthetic. Insurance companies are notoriously cheap, so it’s more likely that the insurance agent will offer to pay your basic medical bills and little more.
If you want to be outfitted with a prosthetic, you have every right to demand that this cost be included in your compensation. However, you may not get it unless you ask for it specifically.
An experienced Maryland accident lawyer can help you determine what your compensation should look like in detail and then present those demands to the insurance company.
In most cases, the insurance agent and your lawyer will be able to negotiate between themselves and you will end up with a favorable settlement without going to court. If not, then your lawyer may need to take additional legal steps to force the insurance company to agree to your terms through the order of a judge or jury.
To see how we can help you get an adequate compensation for your injuries, call Nickelsporn & Lundin at 800-875-9700 for a free consultation.
What can I do if I’ve already given a recorded statement to the insurance agent or signed some papers relating to my Maryland motorcycle accident?
First, don’t panic. Take a deep breath. There may still be hope for your personal injury lawsuit.
We tell our clients not to give recorded statements to the insurance company because those statements can potentially be misrepresented or twisted to make the victim look bad.
Not every insurance agent will actually take advantage of the victim like that. You may be dealing with an honest agent who will take your story at face value rather than try to spin your words in the company’s favor.
It’s also possible that you didn’t say anything that could be used to dispute your recollection of events, in which case you have no need to worry.
Even if you did say something that could be misrepresented and the insurance agent does try to skew your words, a skilled lawyer can minimize the damage done and explain the true intent of your story to the judge or jury deciding your compensation.
Similarly, we strongly discourage our clients from signing any papers regarding their accident because these forms often limit the victim’s rights.
Notice that word “limit”? Just because you’ve signed something doesn’t necessarily mean that you’re out of luck in receiving any compensation. It just means that you might have made it a little harder to get the full amount of compensation we believe your injuries are worth.
If you have already given a recorded statement or signed papers regarding your accident, it’s extremely important that you consult with an experienced Maryland motorcycle accident lawyer who can help you get back control of the situation.
To see how we can help you minimize the damage done and get back your right to a fair compensation, call the law offices of Nickelsporn & Lundin at 800-875-9700.
How is pain and suffering compensation determined for an injury that resulted from a Maryland motorcycle accident?
Injuries resulting from a motorcycle wreck are often extensive and life altering. If you’ve been injured in a serious crash, you deserve every penny of compensation available. Here’s a breakdown of what you can get and how:
In most personal injury cases in Maryland, the victim is allowed to request compensation to pay for measurable financial losses, such as accrued medical bills or loss of income from a temporary inability to work. This is the “economic” portion of a person’s compensation and is easily calculated because it is based on tangible numbers.
The victim may also request additional compensation for what is referred to as “pain and suffering.” This covers everything else not already covered by the economic damages. When determining a settlement amount for a person’s pain and suffering compensation, a judge or jury will take into consideration several factors, including:
- How extensive was the injury
- How long it took you to recover
- How painful much pain your experienced
- If there is any permanent damage
- How the injury has affected your ability to enjoy life
As you can tell, these are all very subjective factors and much is left up to the discretion of the judge or jury. Because there is no set formula to determine how much pain and suffering a person can recoup, settlement amounts can vary greatly. Having a skilled attorney who presents a convincing argument on your behalf can make a big difference in the amount you get.
An experienced Maryland motorcycle crash lawyer can help you negotiate a fair settlement amount for your pain and suffering. If you are considering a pain and suffering claim from a motorcycle accident, call Nickelsporn & Lundin at 800-875-9700 for a free consultation.
How much compensation can I expect for a broken leg injury that resulted from a serious Maryland motorcycle accident?
There is no set amount of money that you can expect for any injury received in a Maryland motorcycle crash. No two accidents or personal injury cases are identical, and therefore the amount of compensation for any two injuries, even if they are similar, often varies.
Factors that may be taken into determination when considering your compensation amount include:
- The type and seriousness of the break (fracture)
- The amount of your medical bills (including physical therapy)
- How long recovery takes and if there is any permanent damage
- The length of time you are out of work
- Complications that are a result of the break
One important factor that sets Maryland apart from other states is that a person who is even partially responsible for an accident will receive no compensation for injuries received in that crash. This makes it all the more important that you have an experienced Rockville personal injury attorney on your side to prove that the accident was not your fault.
Your attorney will play a crucial role in determining just how much compensation you receive. An experienced lawyer will not rush into a settlement before knowing the full extent of your injuries and any resulting complications. He or she will know how to gather the necessary evidence and put together a persuasive argument to make sure you get the full amount of compensation that you deserve.
To see how the Rockville accident lawyers at Nickelsporn & Lundin can help you, call 1-800-875-9700 today.
I was injured in a motorcycle accident in Silver Springs. How can I tell if the settlement I’ve been offered for my head injury is enough?
As I’m sure you already know, no two head injuries are exactly alike. For that reason, there is no set amount of money that you can expect to receive if you’ve suffered a head injury or traumatic brain injury in a Maryland motorcycle accident.
The insurance agent will look at your medical bills and offer you a settlement based on what he or she believes your expenses will be. However, insurance agents are notorious for offering less-than-adequate settlements, particularly if you were not wearing a helmet or if your accident occurred recently.
There are a couple key tips you should know in determining your compensation:
No Helmet? No Matter.
Whether you were wearing a helmet is irrelevant to the fact that someone else’s actions caused you injury. You are still eligible for compensation despite what the insurance agent says.
Don’t Rush Me.
The extent of your injuries may not be immediately known after your crash. You may very well end up with some permanent side effects that will require ongoing medical care months later. Don’t let a pushy insurance agent force you to settle before you know whether the settlement will cover both your current and future medical bills.
Talk to a Lawyer!
A head injury from a motorcycle crash can be severe and should not be taken lightly. The best way to insure that you get the total amount of compensation you deserve is to speak directly with a Maryland motorcycle accident attorney familiar with such cases. For more information, call Nickelsporn & Lundin at 1-800-875-9700, or fill out our online form.
I was riding on the back of a motorcycle when we were involved in a Maryland auto accident. I wasn’t wearing a helmet. Can I still get compensation for my injuries?
Yes. As a passenger in a Maryland motorcycle accident, you are eligible for compensation for any injuries you received in the crash.
The person who was responsible for causing the crash is responsible for paying those damages to you. This will most likely be either the driver of the other vehicle or the motorcycle operator. In unique situations, you might end up suing a third party, such as the company responsible for a poorly constructed road or a faulty part on the bike.
It is common for a motorcycle operator to only have one helmet and therefore be unable to provide a second helmet for his or her passenger. If this was the case for you, this should not hinder your personal injury case.
By law, the fact that you were not wearing a helmet is information that cannot be used against you in a personal injury lawsuit. However, you might need to fight to make sure this particular law is upheld.
Unfortunately, many jurors still let a negative perception of bikers influence their decisions, regardless of the truth. To make sure that your rights as a victim are protected, you should speak with an experienced Maryland motorcycle accident attorney who will fight for adequate compensation for your injuries.
To talk to the skilled lawyers of Nickelsporn and Lundin today, call 1-800-875-9700.
Can a Silver Spring accident attorney help me get compensation for road rash injuries I received in a Maryland motorcycle wreck?
Yes, provided you can prove that the injuries resulted from the accident and that the accident was not your fault.
Don’t let an ignorant insurance agent tell you that your road rash is no more than a simple “carpet burn.” This simply is not true. Road rash is a serious, extremely painful injury, and you deserve to be compensated for it.
If you’ve been the victim of road rash in a Maryland motorcycle accident, then you may be experiencing a number of complications, including:
- Torn flesh from where the rash went particularly deep
- Infection from gravel or other debris imbedding into your skin
- Need for plastic surgery to replace worn off skin
Road rash can occur in any serious motorcycle accident, regardless of how careful you are. Wearing protective gear makes a difference in lessening your injuries, but even heavy-duty clothing can’t protect you fully from the elements in a serious crash.
People often associate motorcycles with dangerous behavior and therefore may be less sympathetic toward you than they would be toward someone injured in another car accident. If that’s the case, contact an experienced Maryland motorcycle accident attorney who is on your side and will fight for your rights.
At Nickelsporn and Lundin, we make sure you get the medical care you need along with providing the necessary legal expertise to pay for the bills. To see why we’re the right law firm for you, call us today at 1-800-875-9700 to set up a free consultation or request more information.
Will insurance cover plastic surgery for injuries I received in a Maryland motorcycle accident?
It might, depending on your settlement. If you were injured in a Maryland motorcycle wreck and are in need of reconstructive surgery to repair damage done by the crash, it is reasonable to request help paying for those bills.
However, it will be up to you and your lawyer to convince the insurance company—or a judge, if your case goes to court—that plastic surgery is needed.
You will need to prove two key points:
- First, that the other person caused the crash; and
- Second, that the crash caused the injury that is leading you to seek reconstructive or plastic surgery.
State law offers no compensation for drivers, including motorcycle riders, who in any way contribute to the cause of a crash. You might need the help of a Maryland motorcycle accident attorney to prove that it was indeed the other person who caused the crash and your resulting injuries.
Injuries that can result in a disfigurement requiring plastic surgery may include:
- Road rash
- Serious burns
- Amputation
- Serious facial injury
If you are in need of plastic surgery, then you may be able to recoup damages to help pay for those costs, provided that you request it in your settlement.
However, you might also be up against a skeptical insurance company who doesn’t feel these “cosmetic” fixes are necessary. You might need to fight for the money.
If that’s you, call 1-800-875-9700 to talk to one of the skilled Maryland motorcycle wreck attorneys at Nickelsporn and Lundin to see how we can help you get the money you deserve.
What rights does a passenger have in a Maryland motorcycle accident?
A passenger on a motorcycle has the same rights as the operator of the motorcycle. If you’ve been injured in a Maryland motorcycle accident as a passenger, you have the right to go after the party at fault for the crash:
1. If the person operating the motorcycle made an error that left you injured, you have the right to demand compensation from the operator.
This does not necessarily mean that you are requiring a friend to pay the damages out of pocket. Maryland law requires motorcycle owners to have insurance on their bike, so your injuries should be covered by the operator’s motorcycle insurance.
2. If the driver of another vehicle was at fault for the accident, then you and the motorcycle operator may both sue the driver of the at-fault vehicle for any injuries or property damage.
3. If a flawed roadway (such as a pothole or insufficient signage) caused the motorcycle to crash, both you and the motorcycle driver may go after the party responsible for the roads. Depending on the situation, this could be the state, local county, city, or even a construction company responsible for a work zone area.
If you have additional questions, consider calling an experienced personal injury lawyer in Montgomery County at 1-800-875-9700.
Is lane sharing or lane splitting on a motorcycle legal in Maryland?
Lane sharing is legal. Lane splitting is not legal. But what’s the difference between the two?
- Lane Sharing.Lane sharing is when two motorcyclists ride side by side in the same lane. While legal in Maryland, lane sharing requires skill and should only be done by experienced motorcyclists.
- Lane Splitting. Lane splitting occurs when a motorcyclist tries to ride between two vehicles in adjoining lanes in order to pass them. Lane splitting is dangerous and illegal in Maryland.
What Happens if I’m Injured in a Lane-Splitting or Lane-Sharing Accident?
If you were involved in an accident while lane sharing, you are more likely to receive a favorable settlement from the insurance company since lane sharing is legal. Despite the fact that lane sharing is legal, an insurance adjuster may try to lessen your settlement based on the opinion that sharing a lane is more dangerous than following behind another motorcyclist.
You will likely have an especially difficult time proving your case if you were trying to perform an illegal maneuver, such as lane splitting. However, if you were seriously injured in the accident, you may still be eligible for partial compensation.
If you or a loved one has been in a motorcycle accident involving lane sharing or lane splitting, you may have a case, and you may benefit from talking to an experienced attorney to get the best possible settlement.
What can I do if a family member was killed in a Maryland motorcycle accident?
Unfortunately, motorcyclists are much more likely to die from a serious accident than someone in a car or truck. Head injuries are the main cause of these motorcycle accident deaths.
While no amount of money can take away the pain of losing a loved one, a wrongful death lawsuit may help ease the financial burden on your family.
Depending on the circumstances surrounding the crash, surviving family members may be entitled to damages from the responsible party. A Maryland wrongful death claim can provide you with money to pay for your loved one’s final medical bills and funeral costs.
You may also be able to receive compensation for a loss of income resulting from your loved one’s death, as well as damages for your pain and suffering.
If you have lost a family member in a Maryland motorcycle accident, we understand this is a hard time for you. You don’t need the added burden of unexpected medical and funeral costs. We will handle your wrongful death lawsuit with care, allowing you time to grieve.
Can I still sue for injuries I received in a Maryland motorcycle accident even if I was not wearing a helmet?
Yes. If you were hurt in a motorcycle crash, you have the right to sue the person responsible for the accident regardless of whether or not you were wearing a helmet.
While helmets certainly help to protect motorcyclists from serious injury, they cannot prevent all injuries. The person who caused the accident is still responsible for your injuries.
However, you should know that the other driver’s insurance company might accuse you of causing additional injury to yourself by not wearing a helmet. This scenario is likely if you received any head injury or brain trauma in the crash.
Their accusations could reduce the amount of compensation you receive from the driver who caused the accident.
Motorcycle accident lawsuits can be tricky, so you may want to consider hiring a skilled Maryland personal injury attorney who can help you get the most compensation possible for your injuries.