Author: JGL Law

In recent years, one of the most notable trends in family law has been the rise of “gray divorces,” or divorces for couples over the age of 50.

Sometimes also referred to as “silver divorces” or “silver splitters,” a gray divorce is marked by parties who are older (as young as 50) who decide to divorce. While divorce at any stage of life can be emotionally and financially challenging, gray divorce presents a unique set of legal and personal considerations, especially under Maryland law.

As an experienced Maryland family law attorney, I’ve helped many older individuals navigate the complexities of divorce later in life. Whether you’re contemplating separation or already facing proceedings, understanding the key issues surrounding gray divorce can help you make more informed, confident decisions.

Are Gray Divorces Increasing?

From 1990 to 2019, the rate of divorces that involved couples aged 50 or older grew from 8.7% to 36%. (Brown, S.L., & Lin, I., Journals of Gerontology: Social Sciences, Vol. 77, No. 9, 2022). Factors for the increases include the following:

• Greater access to divorce, including cost and lessened grounds
• Longer lifespans of clients, thus a greater emphasis on personal fulfillment
• Empty nest syndrome after children leave home
• Changing social norms that make divorce more acceptable

Key Legal Considerations in a Maryland Gray Divorce

1. Division of Retirement Assets

Retirement accounts are often among the most significant marital assets in a gray divorce. In Maryland, retirement accounts accumulated during the marriage are considered marital property, even if the account is in only one spouse’s name.

• Eligible Domestic Relations Orders (EDROs) may be necessary for retirement accounts, including pensions, 401(k)s, or other plans.
• The DMV region generally requires an increased focus on government and/or military retirement benefits, so careful consideration should be given to the valuation of a said assets.

2. Spousal Support (Alimony)

The length of a marriage is a significant factor when considering whether or not alimony should be afforded in a divorce case. While there are many statutory factors that the Maryland courts consider, some include:

• The duration of the marriage
• The age and health of both parties
• Standard of living during the marriage
• Earning capacity and employment history

Just because the spouses are elevated in age does not disqualify an individual from a claim for alimony. In fact, many gray divorce parties may be more of a candidate for alimony than younger parties. Therefore, careful consideration of alimony, from an eligibility perspective to an exposure perspective should be given.

3. Health Insurance and Long-Term Care

Divorcing after 50 often means one spouse loses access to the other’s employer-sponsored health insurance. If Medicare isn’t yet an option, this can create a financial strain. As with retirement benefits, the DMV region offers a higher proportion of divorce cases that involve government/military insurance issues, making careful consideration a must.

Additionally, long-term care plans should be reviewed and revised as needed, especially if one spouse was previously the caretaker or financially responsible for the other.

4. Estate Planning and Beneficiaries

Many gray divorces revolve around estate planning issues. This is because people consider their estate concerns at a higher level as they age. Therefore, when unhappiness creeps into a long-term marriage, parties consider divorce as an opportunity to facilitate a larger estate plan. Therefore, it is crucial to:

• Update beneficiary designations on life insurance, retirement accounts, and bank accounts
• Revoke outdated powers of attorney
• Draft a new will or trust post-divorce

5. Adult Children and Family Dynamics

Though custody battles aren’t typically an issue, gray divorces can still affect adult children emotionally and financially. As set forth above, estate planning is often a driving feature of gray divorces, with adult children often the catalyst. Issues including inheritance expectations, family business interests, or support for college-age children can complicate proceedings. It is important to consider the motivations of people around you when determining if moving forward is the right decision.

Preparing for a Gray Divorce: Smart Steps

If you’re over 50 and considering divorce in Maryland, here are a few strategic tips:

• Consult with an experienced family law attorney who understands the nuances of gray divorce and can advocate for your long-term interests.
• Gather financial records and obtain valuations of retirement, investment, and real estate assets.
• Meet with a financial advisor to assess your retirement readiness post-divorce.
• Reevaluate your estate plan with your lawyer or estate planning attorney.

Final Thoughts

A gray divorce can offer you a fresh start, but it also comes with significant legal, emotional, and financial implications. If you are contemplating a divorce action in Montgomery County or anywhere in Maryland, contact Christopher Castellano to schedule a confidential consultation.

In an article published in The Block on June 18, 2025, Christopher Castellano explains some of the most common red flags that indicate a spouse may be hiding cryptocurrencies in divorce proceedings, including unexplained cash withdrawals, a sudden tech interest, or references to crypto apps, exchanges, and wallets without additional information.

Christopher explains that although full-scale attempts at concealing wealth are uncommon, “surreptitious use of marital money for crypto or concealing of crypto gains is becoming more prevalent.”

Although courts have tools to compel the disclosure of digital assets, Christopher notes that identification and valuation remain the biggest challenges. “The difficulty is less in asking for the court to issue relief and more in identifying the asset to begin with, which would likely require expert analysis and tracing to identify the particular asset,” he said.

While the treatment of digital assets in divorce cases is still developing, courts will continue to treat them like any other asset, he explains, subject to equitable division based on factors such as contribution, dissipation and economic circumstances

Ultimately, transparency is key as crypto becomes more common in marital estates. “Failure to properly disclose crypto can lead to serious legal consequences,” Christopher said, “and parties should consider involving tech-savvy professionals early in the process.”

Read the full article “Crypto in divorce: lawyer outlines common red flags spouse may be hiding assets as disputes grow” on The Block’s website.

In an article published in HR Daily Advisor on June 20, 2025, Brian Markovitz explains the new Maryland state law that restricts the use of noncompete and conflict of interest agreements in certain employment contracts for Maryland veterinary and health care professionals.

Signed into law in April 2024, the act’s goal is to encourage job mobility, higher wages, and new firm creation within the two industries. Its first phase began June 1, 2024, when noncompete agreements were banned for veterinary professionals. Beginning July 1, 2025, noncompete agreements for certain health care professionals will be banned as well.

The ban will directly impact healthcare professionals that make $350,000 or less annually, including physicians, physician assistants, nurse practitioners, nurses, dentists, pharmacists, psychologists, optometrists, social workers, nursing home administrators and massage therapists. For those who earn over $350,000 annually, noncompete agreements are still allowed, but only under strict limitations.

There are some exceptions to the ban, including agreements that protect an employer’s proprietary information. Noncompete provisions included in purchase or sale agreements, however, may still be enforceable.

“Employers should review and update all employment contracts signed on or after July 1, 2025, to ensure compliance,” Brian wrote. “The group of employees now subject to these agreements is very limited, and even for those employees who fit into the narrow group where these types of agreements can be executed, those agreements will be much more limited than in prior years.”

Read the full article “Maryland Restricts Noncompete Agreements for Veterinary and Health Care Professionals” on the HR Daily Advisor website.

Summertime has arrived. The days are longer, the sun is hot, and people of all ages are heading outdoors for fun, and recreation. For many of us here in Virginia, Maryland, and the District of Columbia, this means the opening of our neighborhood and community pools.

Community pools are a great way to beat the heat and can be a place of enjoyment for barbeques, family gatherings, parties, and exercise. And while these pools have all the opportunities for great fun, they unfortunately are also the sites for commons accidents that can result in severe injuries and even death when safety procedures are not followed.

So now is the best time to remind ourselves to avoid these hazards. Starting with the number one hazard:

The CDC has reported drowning as the number one cause of death of children between the ages of one and four.

Common Reasons for Drownings

Not Knowing How to Swim

Learn how to swim and teach your child how to swim. Children who receive swimming instruction are less likely to drown or suffer a swimming-related injury.

Failure to Properly Supervise Swimmers

Never leave a child unattended in or near water and designate an adult Water Watcher who should not be reading, texting, or using a smartphone.

Alcohol Use

The CDC estimates about 70% of water-related deaths with adults involve alcohol. When impaired judgment and a lack of coordination from drinking is paired with the risky environment of a swimming pool, the results can be devastating.

Hazards of pool chemicals

Pool chemicals may include:

• Chlorine
• Bromine
• Salts
• Acids or bases
• Compressed gas
• Sanitizers and disinfectants

Pool chemicals can cause injuryto your skin, eyes, respiratory tract, and digestive system. People may come into contact by direct contact, inhalation, dust or food contamination.

Your Swimmer Chemical Safety Check!

Look:

Make sure you can see the bottom of the pool. Cloudiness is both gross and increases the likelihood of drowning for young swimmers!

Smell:

Make sure there are no strong chemical smells, which is not a sign of proper chlorination, but rather a sign of contamination.

Check:

Ask to see the water quality results posted at every public pool.

Other Common types of pool accidents

• Slip and fall is another common injury type associated with public swimming pools. The areas around a pool can get wet and slippery, making it more susceptible and prone to slips, trips, and falls. Be aware of the use of sunscreen and other oil-based products and spilled drinks, which can make surfaces additionally dangerous.
  • According to the Health and Safety executive, falls are one of the leading causes of injuries in pool areas.
• Exposure to electrical hazards.
• Improper maintenance of pool equipment such as diving boards and pool ladders.
• Improperly maintained pool drains, plumbing, decking, fences, locks, and recreation areas.
• Use of broken emergency or safety equipment.

Serious Injuries from pool accidents include drownings, broken limbs, electrocutions, poisonings, head injuries (traumatic brain injury), cuts and infections, spinal cord injuries and chemical burns.

Understanding Local Laws and Regulations About Swimming Pools

Some Maryland Guidance:

Limited use public-use pools are regulated through the Maryland Department of Health.

Some of the key duties for an owner/operator of a public pool: (more rules found in COMAR, including Standards for Limited Public-Use Pools and these regulations )

• Construction of pool, barriers and grounds in compliance with American National Standard for Residential Inground Swimming Pools, if pool is constructed in ground permanently.
• Telephones available, with 911, nearest police, fire, and ambulance.
• Facilities are equipped with accommodations for disabled individuals.
• Adherence to local codes requiring lifeguards with certification training and at least one CPR certified individual present on-site during operation.
• Safety signs are posted for chemical and electrical warnings, shallow water, and “Danger No Lifeguard on Duty,” and other local rules.
• First aid kit with CPR mask, medical grade exam gloves, backboard, rescue pole and tube.
• Operator completion of 14-hour approved operator’s course.
• Installation of proper filtration and circulation systems and waste-water facilities.
• Waster chemistry is kept to pH between 7.2 and 7.8 with standards for alkalinity, calcium hardness, saturation, dissolved solids and metals.
• Management adheres to strict occupancy regulations based on size of pool and deck

Some Virginia Guidance:

The Virginia Department of Health regulates and sets rules for the use of residential and public pools in the Commonwealth.

Some of the Basics

• Water used for swimming pools must be from sources approved by the State Health commissioner.
• Nonslip finishes shall be maintained on all pool steps, ladders, or other means of ingress or egress.
• Pool decks must be nonslip with a smooth finish.
• Certified lifeguards with appropriate life-saving safety equipment must be present when the pool is in use. Water filtration systems must operate 24 hours a day during season.
• Chemicals shall be automatically fed into the water in the recirculation system by mechanically operated, positive chemical feeders or open-type chemical machines.
• When pools are to be used after dark, all parts of the pool, the water therein, and the entire area shall be well lit. The maintenance and operation of the fixtures shall be such that lifeguards can clearly see every part of the swimming pool.
• Alkalinity and hydrogen-ion concentration must be maintained 7.2 and above.
• Check with your local county for other rules and regulations.

Access the Virginia Administrative Code for rules governing tourist establishment swimming pools and other public pools, as well as information about pool chemical safety.

Understanding Responsibility in Community Swimming Pool Accidents

In Virginia, Maryland, and the District of Columbia, property owners and operators of swimming pools have a legal obligation and duty of care to ensure the safety of the premises. A failure in this duty may lead to an accident. But, in order to prove that a pool owner or operator was negligent in the operation of their pool, which resulted in your injury, the plaintiff must prove the following:

• The pool owner or operator had a duty to provide the care;
• The owner/operator breached this duty:
• An injury was suffered as a result of this breach; and
• The injury was a proximate cause of the breach.

As a member (legal user) of a community or neighborhood pool, the pool owner/operator has invited you to use the pool premises and facilities. The pool owner/operator is providing a warranty that the pool property and facilities are in good working order and safe for your use.

Depending on the specifics of individual circumstances, various parties may be held at fault for an accident. For example:

• If you were following all the posted rules of the pool and the injury was due to the owner/operator’s lack of care, then the operator/owner may be held liable for your injury. If the ladder out of the deep end of the pool was broken and unsafe to use and the operator failed to warn you, and you suffered an injury, then the operator/owner could be held responsible.
• However, if you were under the influence of alcohol and decided to dive into the shallow end of the pool resulting in injury, the operator/owner may not be held responsible.

Contributory Negligence

Maryland, Virginia, and the District of Columbia are three jurisdictions within the United States in which the law recognizes contributory negligence. Therefore, a plaintiff must be completely free of responsibility to collect on a claim for negligence.

There are some accidents that are not under the pool operator’s control. Some of these examples where a swimmer can be contributorily negligent may include: subpar swimming skills while using the deep end of the pool, lack of supervision, alcohol use, seizure disorders, and failure to follow rules.

Damages from Pool Accidents

In general, damages from swimming, drowning or pool accidents mirror those of other personal injury lawsuits. Wrongful death is commonly a major issue, with the resulting damages award going to the plaintiff’s estate and survivors.Such an award is intended to compensate for various costs associated with their loss.

Damages awards are intended to reimburse the plaintiff for the economic and non-economic costs associated with their injury:

• Medical Expenses – Compensation for costs of emergency care, surgeries, hospitalization, medications, and rehabilitation.
• Lost Wages – Compensation for income lost during recovery or due to disability that prevents you from working.
• Pain and Suffering – Payment for physical pain, emotional distress, and changes to your overall quality of life following the accident.
• Funeral Costs – wrongful death.

Legal Considerations and the Role of the Personal Injury Attorney

Understanding the complexities of liability can be difficult and working with an experienced personal injury attorney can make a difference in the success of your claim. In order to have a full and complete picture of your accident claim, your attorney will need to be able to assist in the following areas

• Evaluating the condition of the pool and surrounding areas, including the pool itself, deck, signs, lighting, and fixtures. Pictures and video are powerful evidence.
• Assessing the compliance of the owner, operator, and staff with the state and local regulations for maintenance, safety, and security.
• Investigating the role of supervision of the swimmers and patrons, including the presence of lifeguards.
• Analyzing the conduct of all parties including yourself in the occurrence.
• Gathering necessary witness statements and medical bills and records.

Get the facts. Get educated.

Erika Jacobsen White is serving as co-counsel in a federal lawsuit filed by the Southern Poverty Law Center (SPLC) on behalf of a young biracial man targeted in a campaign of hate by members of the Goyim Defense League (GDL). The complaint—filed in Tennessee—seeks justice for a series of violent, racist, and antisemitic acts carried out during the GDL’s coordinated hate tour through Nashville in July 2024.

The lawsuit names the GDL, its leadership, and affiliated members, alleging violations of the federal Ku Klux Klan Act, as well as claims of assault, battery, and malicious harassment. The GDL is a known antisemitic and white supremacist organization whose stated mission includes forcibly removing Jewish and Black communities from the United States.

During the group’s hate tour in Nashville, GDL members reportedly paraded through neighborhoods waving swastika flags, shouted obscenities and intimidated people perceived to be of color or Jewish, including a group of young, Black children. In addition, they disrupted a public meeting, littered lawns with antisemitic propaganda, and violently attacked two young men based on their race and Jewish ancestry.

“It is critical in a time when hate is emboldened that we are not intimidated but are instead empowered to seek justice and put an end to terror in our communities,” said Erika Jacobsen White in a press release about the case.

Joseph, Greenwald & Laake attorney Lindsay Parvis was the featured speaker at the 2025 Maryland State Bar Association (MSBA) Legal Summit & Annual Meeting, held June 4–6 in Ocean City, Maryland. The premier annual event brings together legal professionals from across the state for cutting-edge programming, meaningful discussion, and thought leadership.

Lindsay Parvis spoke at the session “ESQ EQ Emotional Intelligence: A Path to Avoiding & Managing Burnout when Serving Families.” She addressed the growing challenge of burnout in family law practice, helping attorneys recognize the signs of burnout and providing actionable tools to prevent or manage burnout.

Joseph, Greenwald & Laake is proud to announce that Valerie Grove, Brian Markovitz and Paul Riekhof have been named 2025 Fellows of the Maryland Bar Foundation—an honor reserved for distinguished members of the legal profession who have demonstrated exceptional dedication to the practice of law and to the principles of justice and public service.

With more than 20 years of experience litigating medical negligence cases, Valerie concentrates her practice in medical malpractice, representing victims injured due to medical negligence. Brian is a nationally recognized litigator and principal at the firm, known for his work representing whistleblowers in cases involving violations of the federal False Claims Act. His clients come from a broad range of industries, including construction, health care, and pharmaceuticals. Paul serves as the firm’s managing director and is a principal in JGL’s Estates and Trusts Group. With over 25 years of experience, Paul advises individuals, families, and businesses on matters such as estate planning, probate, trust administration, estate tax planning, business planning, guardianships, and estate litigation matters. He is widely respected for his thoughtful counsel and long-standing commitment to client service.

Valerie, Brian and Paul join fellow JGL attorneys Barbara Jorgenson and Lindsay Parvis—both previously named Fellows—in this distinguished circle. Their selection deepens the firm’s longstanding tradition of leadership in the legal community and its commitment to advancing justice in Maryland.

The Maryland Bar Foundation exists to impact local communities through access to justice and public understanding of the law. The Foundation works to foster integrity of the profession, improve the administration of justice, promote the study of law and provide grants to non-profit organizations positively impacting the community.

Joseph Greenwald & Laake is pleased to announce it has been recognized by Chambers USA as one of the leading law firms in the country for its False Claims Act: Plaintiff practice and its Litigation: Mainly Plaintiffs practice, solidifying its reputation as a leader in complex, high-stakes litigation.

National Recognition for False Claims Act Expertise

JGL’s plaintiff-side False Claims Act (FCA) practice earned a nationwide ranking, with Chambers USA praising the firm’s robust representation in FCA matters and its broad experience handling qui tam actions, consumer litigation, and complex plaintiff claims. Principal Brian Markovitz was recognized as a notable practitioner in this area, underscoring his national reputation for excellence in whistleblower and fraud litigation. Learn more about the firm’s False Claims Act: Plaintiff ranking.

Top Plaintiff Litigation Firm in Maryland

The firm received a Band 1 ranking in Maryland—the highest possible—for its plaintiff litigation practice, making it the only firm in the state to receive this distinction in 2025. According to Chambers USA, JGL is known for its ability to solve complex state and federal civil disputes including medical malpractice claims, class action litigation and qui tam cases. Principal Jay Holland, a renowned employment and qui tam litigator, was highlighted as a notable practitioner in this area. Learn more about the firm’s Litigation: Mainly Plaintiffs ranking.

The Chambers USA guide is published annually by Chambers & Partners, a globally respected legal ranking organization. The rankings are based on rigorous research, including confidential, in-depth interviews with clients and attorneys. Firms are ranked based on technical legal ability, client service, diligence, and other qualities most valued by clients.

Michal Shinnar will share strategies for navigating unique challenges in age discrimination cases at the 2025 National Employment Lawyers Association Convention (NELA) in Baltimore, MD on June 27.

The Age Discrimination in Employment Act (ADEA) and its case law present some unique differences from other more traditional federal employment discrimination laws, including coverage, evidentiary proof schemes, and possible defenses. State laws provide even more nuanced interpretations of age discrimination cases. Michal’s session will provide a primer for those interested in learning more about the ins and outs of age discrimination, how to build a case, and best practices for navigating distinct issues in litigation.

The three-day convention will provide attendees with the opportunity to attend a range of educational sessions and networking events while connecting with colleagues who are advocating for workers’ rights. Learn more about the sessions at the convention.

A divorce action is often likened to the break-up of a business partnership because spouses must face a significant financial restructuring.

For couples in 2025, whether they’re dividing multi-million-dollar estates or carefully splitting modest savings, the financial complexities can be overwhelming. Understanding the nuances of property division, support claims, and retirement benefits, especially with evolving legal landscapes and new approaches to resolution, is paramount.

In this article, I will break down the key financial considerations in divorce applicable to a wide array of cases across the spectrum of case complexities.

Equitable Distribution of Assets and Debts

At the heart of financial divorce settlements in Maryland, and many similarly situated states, is the principle of “equitable distribution.” Equitable distribution means assets acquired during the marriage are divided equitably or fairly, though not necessarily equally. Many states in the U.S. adhere to this principle, taking into account a range of factors to determine what constitutes a “fair” (or equitable) split.

Factors influencing equitable distribution often include:

• Length of the marriage: Longer marriages tend to see a more even distribution of assets.
• Each spouse’s financial contributions: This includes income, investments, and savings.
• Non-financial contributions: Crucially, courts recognize the value of contributions like childcare, homemaking, supporting a spouse’s career, and maintaining the family home. These non-monetary efforts may significantly impact the final division.
• Age and health of each spouse: These can affect future earning capacity and needs, particularly with reference to retirement accounts.
• Non-marital assets: Often, the courts may consider significant “non-marital” accounts that may result in a highly inequitable result should marital assets be divided evenly.
• Tax implications: The tax consequences of dividing certain assets (e.g., retirement accounts, real estate, capital gains) are carefully considered to avoid unintended burdens.

The Challenge of High-Asset Divorces

For high-net-worth individuals, divorce presents a distinct set of financial hurdles. These cases often involve:

• Complex asset valuation: Beyond standard bank accounts, high-asset divorces frequently include:
  • Businesses and professional practices: Valuing a business requires specialized forensic accounting to assess market value, goodwill, and future earning potential.
  • Investment portfolios: Stocks, bonds, private equity, and often cryptocurrency demand intricate analysis and strategic division to minimize tax liabilities.
  • Real estate holdings: Multiple properties, both domestic and international, require accurate appraisals and consideration of market trends.
  • Luxury assets: Art collections, jewelry, antiques, and other collectibles need specialized appraisals.
• Hidden assets: One of the most significant challenges in high-asset cases is the potential for a spouse to conceal financial assets and resources. Forensic accountants are often essential to trace funds, uncover undisclosed accounts, and ensure transparency.
• Complex trusts and foreign accounts: These sophisticated financial structures add layers of complexity to asset identification and division.
• Prenuptial and postnuptial agreements: While intended to simplify division, the validity and enforceability of these agreements may become central to high-asset divorce disputes.

Efficiency for Modest Value Cases

While high-asset cases dominate headlines, most divorces involve more modest estates. In recent years, states have trended toward streamlining the process for lower-value cases to reduce emotional and financial strain on families.

• Simplified financial disclosures: Many jurisdictions implement straightforward financial disclosure requirements for cases below a certain asset threshold, such as “short form” financial statements.
• Increased use of alternative dispute resolution (ADR): Though not exclusive to lower-value cases, mediation and other ADR options are highly encouraged for lower-value cases, particularly in the context of less complex financial situations. These methods allow couples to reach amicable agreements outside of court, saving significant time and legal fees.
• Online filing and administrative efficiencies: The digitization of court processes continues to advance, making it easier to file documents and manage administrative tasks online, further reducing costs and delays, allowing more access to attorney services.

Spousal Support and Child Support

Spousal support (alimony) and child support are often hotly debated topics in divorce, and their calculation methods continue to evolve.

• Spousal support: While some states may have specific formulas to calculate support, many, including Maryland, are trending toward assessing each party’s financial need and the paying spouse’s ability to pay. Additional factors like the length of the marriage, the standard of living during the marriage, and each spouse’s earning potential are critical to the analysis.
• Child support: Depending on the combined monthly income of the parties, many states, including Maryland, will calculate child support based upon specific guidelines, with calculators available to assist in the process.

The Path Forward: Strategic Financial Planning

Regardless of the financial scale of your divorce, proactive and strategic financial planning is crucial. Recommendations include:

• Gather all financial documentation: This includes bank statements, investment records, tax returns, property deeds, and any business valuations.
• Understand your assets and debts: Differentiate between marital and non-marital property and have a clear picture of all liabilities.
• Consult with financial professionals: A financial advisor can help you understand the long-term implications of different settlement options, especially concerning retirement accounts, investments, and tax consequences.
• Explore all ADR options: Mediation can empower you to control the outcome of your financial future rather than leaving it to a judge.

Divorce is an inherently complex journey, both mentally and emotionally. By understanding the ever-evolving financial landscape, you will be better positioned to manage the emotional aspects of your case. It is often best to take a proactive approach in your case in order to protect your financial interests and build a secure foundation for your life after separation. For an in-depth discussion about your case and needs, schedule a consultation with Christopher R. Castellano.

Motorcyclists’ safety is everyone’s safety; motorcycles account for 15 percent of highway fatalities each year. When reviewing all vehicles involved in traffic accidents, motorcyclists are far overrepresented. Two leading contributors to this reality are speed and alcohol impairment.

According to the NHTSA, there were 6,218 motorcyclists killed in traffic crashes in 2022, representing 15 percent of total highway fatalities for that year. Speeding was a major contributing factor for motorcyclist fatalities in 2022, accounting for 35 percent of all motorcyclist fatalities. More than half (51 percent) of those fatalities were motorcyclists 21 to 24 years old. Alcohol impairment also played a significant role in motorcycle-involved crash fatalities: Forty-two percent of motorcycle riders who died in single-vehicle crashes in 2022 were alcohol-impaired.

Other causes include improperly changing lanes, avoiding other vehicles, avoiding pedestrians, failing to yield, following too close, passing improperly, turning improperly, and running traffic lights.

In years past, motorcycling was a weekend activity, today it may be the primary or sole source of transportation, making it essential for riders and drivers to pay critical attention to their driving habits and each other on the roads.

With consistent, safe driving and riding practices, all motorists can help reduce the number of motorcyclist fatalities on America’s roads.

The NHTSA found motorcycle helmets save lives and reduce injuries. After three years of declines, data estimates are that 1,782 motorcyclists lives were saved in 2017, and an additional 749 more lives could have been saved.

Head injuries are common in motorcycle accidents. Regarding motorcycle accident head injury statistics, the National Highway Traffic Safety Administrationreported that a motorcyclist without a helmet is 15% more likely to injure their head than a motorcyclist with a helmet.

Motorcyclists without a helmet are 40 percent more likely to harm their heads fatally. Motorcyclists reduce their risk of death from an accident by 37 percent when they wear a helmet.

Vehicle drivers and motorcyclists can help reduce the number of fatalities and injuries on America’s roadways by:

• Observing all traffic laws and obeying the speed limit
• Driving and riding alcohol- and drug-free
• Avoiding distractions while driving or riding
• Yielding to motorcyclists especially when drivers are turning at intersections
• Motorcycle riders taking and completing rider education and training courses
• Wearing high-visibility protective gear and DOT-compliant motorcycle helmets while riding. Learn how to identify a safe, DOT-compliant helmet at www.nhtsa.gov/motorcycle-safety/choose-right-motorcycle-helmet.

Maryland Accidents and Injuries

The Maryland Highway Safety Office, MHSO, established its Zero Deaths Maryland initiative in an effort to reduce and ultimately eliminate injuries and deaths on the state’s roads. According to its data, Maryland sees an average of 1,046 injuries and 73 deaths among the state’s motorcyclists, who are especially vulnerable in crashes due to lack of protection.

Motorcyclists face a high likelihood of injury or death, twice that of individuals involved in passenger vehicle collisions. Some other data uncovered by Zero Deaths Maryland include:

• The Baltimore metro area accounts for 46.4 percent of motorcycle accidents statewide. The Washington, DC, metro area accounts for another 33 percent
• Most motorcycle crashes occur from June to September
• Male riders are more likely than female riders to suffer injuries or death. Just seven percent of injuries and three percent of fatalities were women.
• Riders in the 21-34 age group accounted for 35 percent of all motorcyclists, 37 percent of crash injuries, and 43 percent of fatalities.
• Roughly 72 percent of Maryland motorcycle accidents cause injuries

Tips for Marylanders

• Motorcycle operators are subject to all the same basic rules of the road as other drivers, including following traffic signals and obeying speed limits

• Required licensing: Maryland drivers need a Class M license; for inexperienced riders or new riders, the MVA Motorcycle Operator Manual is good place to start studying

• Motorcyclists must wear a U.S. Department of Transportation compliant motorcycle helmet, which meets the minimum safety standards, with a DOT sticker

• Maryland requires windscreens or approved eye-protection such as goggles or face shields, which meet FDA standards indicating they are impact resistant, and non-tinted

• Passengers may only ride on motorcycles designed to accommodate them

• Riders must keep both hands on the handlebars

• Motorcycles get full use of the width of the lane they’re riding in. Two motorcycles may share a single lane or ride side by side in the same lane, but two is the limit.

• Motorcyclists may not ride between lanes and must use adjacent lanes when passing other vehicles

For more information, read the Zero Deaths Maryland Motorcycle Program Area Brief.

Virginia Accidents and Injuries

The Virginia Department of Motor Vehicles reported a 3.6 percent increase in motorcycle accidents statewide between 2022 and 2023, with 2,127 motorcycle accidents statewide in 2023. The crashes resulted in 125 fatalities, a 12.6 percent increase over the previous year.

In 2023, there were:

• 2,127 motorcycle crashes
• 121 motorcycle crashes resulting in fatalities
• 1,620 motorcycle crashes resulting in injuries
• 386 motorcycle crashes resulting in property damage only

Furthermore, 1,719 motorcycle riders were injured in crashes that year, including 1,620 riders and 99 passengers. Motorcycle accidents accounted for 2.7 percent of all traffic injuries in 2023. Of these, 738 injuries were designated as serious, accounting for 9.9 percent of all serious traffic injuries that year.

The DMV and police investigations found motorcyclists were not to blame in 37.7 percent of the accidents investigated. In those that did, the most common mistakes were:

• Speeding, 7.8 percent of accidents
• Following too close, 6.6 v of accidents
• Attempt to avoid another vehicle, 3.0 percent of accidents
• Improper lane change, 2.4 percent of accidents

Of the 2,184 motorcyclists involved in accidents in 2023, 115 were found to have been drinking, while 1,976—over 90 percent—were sober.

Tips for Virginians

• To operate a motorcycle in Virginia, you must hold a valid Class “M”, “M2” or “M3” designation or a motorcycle driver’s license. This is a fine of up to $2500.
• If you own and operate a motorcycle in Virginia, you must have a Virginia title, registration card, and license plate.
• Motorcyclists and their passengers must wear an approved motorcycle helmet that meets or exceeds the standards and specifications of the Snell Memorial Foundation, the American National Standards Institute, Inc., or the federal Department of Transportation.
• Riders must wear eye protection to protect their vision from insects, dirt, rocks, or other airborne matter. Even the wind can cause the eyes to tear and blur vision, and good vision is imperative when riding.
• Virginia motorcycle laws do not have a minimum age limit for passengers, but all passengers must use footrests/pegs, have their own seats, and wear helmets and eye protection.
• Motorcycles need headlights, horns and rearview mirrors unless they are designed for trail riding and operated during daylight hours. The required lights are:
• At least one headlight visible from 200 feet,
• A taillight visible from 500 feet,
• A working brake light, and
• A license plate light that is visible from 50 feet.
• Motorcycles must have brakes on both the front and rear wheels and mufflers. Your bike must pass an annual safety inspection.

Find out more…

• FAQs
• Experience and Knowledge – The Keys to Safe Motorcycle Riding
• Virginia Rider Training Program Policies & Procedures

Involved in a Motorcycle Accident? You May Be Entitled to Compensation        

You could be entitled to various types of compensation if you suffered injuries in a Maryland, D.C., or Virginia motorcycle accident caused by someone else. But recovering compensation for injuries in these three states is more challenging than most other states because of Maryland, D.C. and Virginia’s “contributory negligence” legal standard. Under contributory negligence, an injured party can be barred from recovering any compensation if they are found to be even 1 percent at fault for the underlying accident (which caused their injury). This is a high bar to clear. Meet with a skilled personal injury attorney as early as possible following your accident to evaluate your claim.

Motorcycle accident claims are based on negligence. To succeed, you must provide the following four elements: duty, breach, causation and damages.

All drivers on the road have a duty to drive with reasonable care. That duty can be breached by acts such as disobeying traffic laws, distracted driving, or driving under the influence of alcohol or drugs. If you can connect this breach directly to your injuries and losses, and show you have economic or non-economic damages, you may have a chance to succeed in your negligence claim.

Compensatory damages are divided into two general categories:

• Economic damages: These are actual monetary losses incurred by the injured party. Examples include property damage, medical expenses, lost earnings, loss of earning capacity, and funeral and burial expenses.
• Non-economic damages: These are intangible losses that are more difficult to quantify. Examples include pain and suffering, emotional distress, diminished quality of life, disfigurement, and loss of consortium.

In rare cases in which the actions of the party that caused the accident were especially egregious, punitive damages may be awarded to punish the responsible party and help deter them and others from engaging in similar acts in the future. In Virginia, Maryland, and D.C., punitive damages are capped at specific dollar amounts.

If a loved one was killed in a motorcycle accident, you may be able to bring a wrongful death claim against the negligent party.

Motorcycle accidents often cause severe injuries to riders when they do occur, and expenses can add up quickly. You may be unable to work or have lost your transportation. Securing compensation through a motorcycle accident claim may help you cover the financial burden caused by the crash and its aftermath. Compensation available in a motorcycle accident claim might include:

• Medical Expenses – Compensation for costs of emergency care, surgeries, hospitalization, medications and rehabilitation.
• Lost Wages – Compensation for income lost during recovery or due to permanent disability that prevents you from working.
• Property Damage – Repair or replacement of your motorcycle and other personal property damaged in the crash.
• Pain and Suffering – Payment for physical pain, emotional distress and changes to your overall quality of life following the accident.
• Permanent Disability – Compensation for long-term or permanent injuries affecting your ability to work or live independently.
• Loss of Consortium – Compensation for the impact the injury has on your relationship with your spouse.

Final Thoughts

Remember all motorists, be they two wheeled, four wheeled, or eighteen wheeled, share the same rights on the roads. Everyone must observe all traffic laws, use signals and obey speed limits.

The difficulty with motorcycles is that they are smaller and harder to see. Yield to motorcyclists when turning at intersections as you may have an obstructed view of oncoming traffic. Wait to see around the obstruction, scan for all roadway users and proceed cautiously. Motorists should not follow motorcycles too closely; allow plenty of space around them to maneuver, stop, change speed or adjust lane position to avoid hazards.

Cautious driving and abiding by traffic laws are part of a driver’s duty to others on the roadways. If you think the party who harmed you breached their duty and did one of the above acts, then you may be entitled to compensation.

Get the facts. Get educated.

In recent months, Maryland has seen a number of devastating apartment fires. In late March, eighteen families were displaced by a fire in a high-rise apartment building in downtown Baltimore, and two people were treated for injuries.

In mid-April, twelve families were displaced when a two-alarm fire broke out in an apartment building in Laurel, Maryland. And in mid-March, three people were hospitalized when a fire broke out in a Greenbelt, Maryland apartment building, and first-responders were forced to rescue numerous people—including those stuck on balconies—from the burning building. The reasons for the proliferation of apartment fires in Maryland and throughout the country are many; however, Fire Engineering Magazine blames at least some of these blazes on the widespread use of lightweight wood “toothpick” building materials in the construction of modern apartment buildings.

Regardless of the reason for the fire, apartment fires are devastating for tenants. Apartment fires can cause catastrophic injuries and death. They can result in widespread property destruction. And apartment fires can force people and families out of their homes. They can result in profound anxiety, stress, and trauma for tenants and those affected.

What should tenants know about their legal rights when an apartment fire affects them or their loves ones?

First, if a fire has caused injury, death, property damage, or other harm, it is imperative to determine the cause(s) of the blaze and who may be liable. For example, some apartment fires and the resulting damage can be the result of a landlord’s failure to comply with their legal obligations, such as the failure to maintain mechanical systems or install sprinkler systems. Apartment fires can also be the result of gas leaks, such as the 2022 blaze in Silver Spring, Maryland. Depending on who is at fault, an injured or displaced tenant may have a legal action. But acting quickly, determining cause and origin of the fire, and preserving evidence is critical.

Second, if a tenant’s apartment is uninhabitable, the tenant should promptly seek relocation. Tenants have a right to a habitable living environment. Depending on the cause of the fire, the landlord may be responsible for finding and financing relocation for affected tenants. Renter’s insurance may also cover some or all relocation expenses.

Third, in the event of property damage, a tenant should file a claim with their renter’s insurance company. While a tenant may be able to ultimately collect damages for fire-related property loss in a legal action, renter’s insurance should cover the loss of personal property and belongings in the interim.

At Joseph, Greenwald & Laake, we handle fire and explosion cases of all kinds, in Maryland, D.C., and nationwide. Legal actions arising from fires and explosions can be complex and lengthy. If you or a loved one has been injured or affected by a residential fire, you should contact experienced legal counsel to discuss your rights and available remedies.