Our thoughts and prayers are with the family of Michael George Balcom who died in a motorcycle accident in Gaithersburg Maryland. The incident occurred on Great Seneca Highway and Longdraft Road-not far from Shady Grove Hospital where the motorcyclist was taken before he died. It seems that a BMW driven by Toney Williams Moses made a left turn in front of the motorcycle without yielding the right of way to the motorcycle. Assuming the accuracy of these facts, the crash was not Mr. Balcom’s fault, and his estate and next of kin could bring a negligence claim against the driver of the vehicle that made the illegal left turn.
Those injured in motorcycle accidents often need legal representation because insurance companies and the police often have an unfair bias against motorcycle drivers. Our law firm has experience representing motorcyclists and the families of motorcyclists injured/killed in accidents on Maryland highways. A few things to keep in mind:
1. This crash was not Mr. Balcom’s fault. In Maryland a vehicle turning left must yield the right of way to on-coming traffic. That said, it is quite possible that an insurance company will deny this claim and somehow argue “Contributory Negligence” on the part of Mr. Balcom. Therefore, it is crucial that Mr. Balcom’s family conduct an independent investigation of the crash. Too often, especially in cases where a driver is killed, the police only get one side of the story and they do not do a thorough and complete investigation.
2. Motorcycles are not required to carry PIP insurance in Maryland. Therefore, it is unlikely that motorcyclists can make a PIP claim for accidents in Maryland.
3. Evidence from the crash scene should be preserved. Photos should be taken of any skid marks.
4. The Maryland Motor Vehicle Administration offers motorcycle training classes to Maryland motor cycle riders. Statistics show that 90 percent of riders involved in crashes did not have formal training. Participation in such classes is not required by law for adults. The MVA also has a Motorcycle Operator Manual available online.
The personal injury lawyers at Goldberg Finnegan, LLC are happy to give a free telephone consultation to anyone involved in a motorcycle crash and to the family members of anyone killed in a motorcycle crash. If we take the case, there will be no attorney fees owed if there is no recovery. Call us at (888) 213-8140.