A Personal Injury Mystery in Maryland
A woman and her husband were walking along a hiker/biker path when she was struck by a passing cyclist and thrown to the pavement. Both sustained significant injuries. The cyclist was removed by ambulance and the woman, who sustained head trauma, was flown by helicopter to Shock Trauma. 
Determining Liability in a Maryland Bicycle Accident
Sussman & Simcox was retained to represent the woman for her injuries. The mystery, however, was the identity of the cyclist, who could be liable for the woman’s injuries. Despite the severity of the injuries and the involvement of police and paramedics, NO police report was ever completed for this incident by either county or state police. Without a police report, there was no way to identify the bicyclist.
Our firm then began a 6 month investigation involving FOIA requests, 911 recordings, angry phone calls, and interviews with police personnel and 911 dispatchers. We eventually learned that a particular rescue squad had transported the bicyclist to the e/r and may have stored records showing the cyclist’s identity. The engine company ultimately confirmed this to be true. However, the rescue squad could not release the records because of medical privacy concerns conferred under HIPAA.
Homeowners Insurance in a Bicylcle Accident
The next step - a lawsuit in Circuit Court against “John Doe.” The suit gave our firm subpoena power, and after a subpoena was served on the engine company, the cyclist’s identity was finally revealed. Fast forward to 2024, and this case resolved in a six- figure settlement with the insurance carrier who provided homeowner’s coverage to the cyclist. (Did you know that general acts of negligence that harm others may be covered by homeowners insurance even where the incident occurs off the homeowner’s property?)
Mystery solved, case resolved. If you've been injured in a bike or pedestrian accident, Sussman & Simcox are here to help you with your personal injury claim.
