Thursday, March 3, 2011

Motorcyclist Killed in Parking Lot Crash in Howard County

motorcycle.jpgThis past Tuesday a motorcyclist was killed when he struck the back of a pickup truck in Jessup in Howard County. Police believe that a mechanical malfunction might have caused the motorcyclist to lose control. The motorcyclist hit a curb and then the truck in the parking lot of Frank's Seafood in Jessup, Maryland. The motorcycle involved was a KTM SMR 525 Enduro. The motorcyclist was pronounced dead at the scene. The driver of the pickup truck was not injured. The motorcyclist was, unfortunately, not wearing his helmet. If the accident did occur as a result of a mechanical defect then the motorcyclist's estate can recover damages under a strict liability theory and the motorcyclist's family would have an extremely strong wrongful death claim. However, a strong argument could be made against a wrongful death claim because not wearing a helmet is intervening negligence. Damages recovered in either suit would be limited because the motorcyclist had a duty to mitigate damages by wearing a helmet as required by Maryland law. Also, under a theory of strict liability the negligent party is only responsible for foreseeable damages. A motorcyclist's failure to wear a helmet is not foreseeable. With all this being said motorcyclists are extremely vulnerable to injury or even death as a result of an accident. If you or someone you know was injured in a motorcycle accident contact Portner & Shure's Maryland motorcycle accident lawyers.

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