A 52-year-old Pasadena woman was killed in a two-vehicle accident Saturday that occurred shortly before noon at West Street and Hudson Street in Annapolis. Mary Rosela, 52, was driving a 2020 Harley Davidson motorcycle. According to a police report, Rosela was turning onto West Street heading outbound from Hudson Street when her motorcycle crossed the median and struck the rear driver’s side of a 2019 Volvo SUV driven by Mary Morse, 49, of Arnold. Rosela was taken to Anne Arundel Medical Center where she later died.  Officials did not specify whether Rosela was wearing a helmet.

Helmet laws.

Section 21-1306 of the Transportation Article of the Maryland Code requires that all motorcyclists operating a motorcycle wear a helmet that conforms to the standards set out by the Motor Vehicle Administration, along with required eye protection, unless the motorcycle has a windshield. Helmet laws frustrate some motorcyclists in Maryland, but the World Health Organization reports that wearing a motorcycle helmet is the single most effective way to reduce the chance of serious injury or death in a motorcycle accident.. Wearing a helmet reduces the risk of serious injury by approximately 70%, while the risk of death is reduced by approximately 40%.

Insurance requirements.

Maryland is a “fault” state with a mandatory insurance requirement, and the negligent driver’s insurance will typically be responsible for paying repairs, medical bills, lost wages, and pain and suffering for the injured party or parties of an accident.

Proving driver fault.

When an individual fails to exercise the degree of care expected of a reasonable person, and it results in an injury, or death, it is called “negligence.”  In order to prove negligence in court, elements required include:

  • Duty – other driver owed you a duty of care,
  • Breach of duty – other driver failed to meet duty of care,
  • Cause in fact – you would not have been injured if other driver did not breach duty,
  • Proximate cause – your injury was caused by the other driver’s failure to uphold duty of care, and
  • Damages – loss that a value can be assessed for.

Accidental death.

Motorcycle insurance should cover accidental death when the accident was a result of the motorcycle rider’s actions and not a wrongful death caused by another party. An experienced personal injury attorney can help a beneficiary file a claim with the insurance company to receive death benefits. Police reports, death certificates, medical reports and all the bills incurred as a result of the accident will need to be gathered and submitted.

Hire an Attorney.

The attorneys at Murnane & ONeill, are experienced with all types of accident claims and can be instrumental in filing an accidental death claim with an insurance company once fault is established.

Murnane & O’Neill

7425 Baltimore Annapolis Blvd.
Glen Burnie, MD 21061

(t): 410.761.6800
(f): 410.761.0198

 

Sources:

https://law.justia.com/codes/maryland/2019/transportation/title-21/subtitle-13/sect-21-1306/

http://www.bikersrights.com/states/maryland/maryland.html

https://www.who.int/news-room/facts-in-pictures/detail/road-safety

http://www.mva.maryland.gov/vehicles/insurance/