Monday, May 9, 2011

Family Settles for $1.1 Million in Motorcycle Crash Death

On May 25, 2010, Maryland native Harry Singleton was killed while riding his Harley-Davidson just outside of Salisbury on the Eastern Shore. The accident occurred when a truck owned by Pennsylvania based Continental Laundry Systems stopped at a stop sign and then proceeded through the intersection without seeing the motorcyclist. Witnesses were able to help establish who was at fault and recount details of the motorcycle/truck accident.

Originally, the lawyers representing the deceased and his family demanded $2.2 for economic and non-economic damages from Continental Laundry's insurer. These damages did not include a claim for pain and suffering because evidence showed the motorcyclist was killed on impact. Ultimately, the case settled without having to go to court. If the case had to be taken to court lawyers would have filed a wrongful death claim on behalf of the deceased's family.

Several factors may have helped both sides reach a settlement without having to go to court such as the presence of multiple witnesses, a perfect bill of health for the deceased prior to the accident, decreased demand and surviving family members, including a wife, son and daughter, and four grandchildren.

91 -Year-Old Anne Arundel County Man Killed in Scooter Crash

Baltimore and the surrounding area seems to have no regard for crosswalks. Maybe the color needs to be changed from white to bright red. Recently the Baltimore Metropolitan Area has suffered a rash of pedestrian, bicyclists and motorcyclists accidents. Three students have been injured at or near the Johns Hopkins campus, most notably a bicyclists who probably will never regain the majority of his cognitive functions. The family of that young man has filed a $10 million lawsuit. The biker was in a bike lane. It is unclear whether the two students struck this weekend were in a crosswalk. What is clear is that the man killed in Brooklyn Park last week was within a clearly marked crosswalk.

If a pedestrian suffers injuries or is killed because they are struck by a vehicle, their recovery for resulting injuries may depend on whether they were crossing in a crosswalk, especially if a crosswalk exists at the scene of the accident. Maryland law regarding pedestrians requires that a person crossing where there is a clearly marked crosswalk must cross within that crosswalk. If the pedestrian fails to do so, their claim may be unsuccessful because of contributory negligence, which is a common defense to tort claims in Maryland.

This elderly man, who was riding a mobility scooter, crossed completely within the crosswalk. Through no fault of his own, the man was struck by a Toyota Tundra and was pronounced dead after being taken to Maryland Shock Trauma. As a result of his death, the deceased man's family may have a wrongful death lawsuit against the driver.