Archives for April 2020

Liability for Rear-End Collisions in Maryland

Is the Person in the Trailing Vehicle Always Responsible?

Liability for Rear-End Collisions in MarylandAccording to statistics gathered by the National Highway Traffic Safety Administration (NHTSA), rear-end collisions account for more than 30% of all motor vehicle accidents nationwide. There’s a common assumption that the person driving the rear vehicle is always legally responsible. While that’s often the case, it’s not always so.

In many accidents, including motor vehicle crashes, liability is based on a legal theory of negligence. To determine whether a party to an accident was negligent, a court customarily starts by identifying what type of behavior would have been reasonable under the circumstances. All persons in society are held to the standard of engaging in reasonable conduct at all times.

In a car accident, the court will conduct just such an analysis. With respect to the trailing driver, the court may look at the following:

  • Whether the speed of the trailing driver was reasonable, given the distance between the two cars and the prevailing rate of speed on that roadway at the time;
  • The extent to which the trailing driver was distracted by a handheld device, passengers in the vehicle, or things along the roadside; and
  • Whether the trailing driver lacked the mental or physical capacity to be behind the wheel, e.g., whether the driver was intoxicated or impaired by illness or injury.

The court also may consider whether the driver in the front car was negligent:

  • Were there warning lights on the rear of the vehicle that were not working?
  • Did the driver in front accidentally put his or her car in reverse?

Experienced Carroll County Personal Injury Attorney

Maryland SuperLawyer Jonathan Scott Smith has fought for the rights of personal injury victims in Baltimore and throughout the state of Maryland for more than 30 years. He’s long been AV-rated by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review Rating System, and he’s been named a Top Rated Lawyer by The American Lawyer magazine. A proven trial attorney with a longstanding reputation for getting positive results for clients, Smith has received the Client’s Choice Award from AVVO, with an average client review of 5 stars(the highest rating possible). He also has a perfect 10.0 (Superb) rating from AVVO as a litigator.

Effective Howard County Motor Vehicle Accident Lawyer

If you have been hurt in a rear-end accident in Maryland, we can help. Contact our office by e-mail or call us at 410-740-0101 to schedule an appointment. There’s no cost for your first consultation. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Slip-and-Falls on Maryland Public Sidewalks

Can You Sue the Government When You Trip on a Sidewalk?

Slip-and-Falls on Maryland Public SidewalksIf you’re like many folks in Maryland, you’re probably starting to get a little cabin fever as a result of the state’s “shelter-in-place” requirement during the COVID-19 pandemic. Fortunately, one of the outdoor activities permitted is exercise, including taking a walk in your neighborhood, provided you keep a safe distance from others. With more people out walking, though, the risk of slip-and-falls necessarily increases. What happens if you slip and fall on a city-owned sidewalk? Can you bring legal action against a municipality for such an accident?

The good news is that local, county, and state governments may be held responsible for slip-and-fall accidents on public sidewalks. The legal process, though, is different than it is for slip-and-falls on private property. If you are injured on a public sidewalk, you must bring any claim for damages under the Maryland Tort Claims Act, which requires that you file your complaint much sooner than required for private claims. A claim under the MTCA must be submitted within one year of the date of your accident, whereas a private claim typically can be filed up to three years from the date of injury. The initial claim must be filed with the Maryland State Treasurer.

Experienced Baltimore County Personal Injury Attorney

Maryland SuperLawyer Jonathan Scott Smith has protected the rights of personal injury victims in Baltimore and throughout the state for more than 30 years. He’s AV-rated by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review Rating System and has been named a Top-Rated Lawyer by The American Lawyer magazine. A proven trial attorney known for obtaining positive results for clients, he’s received the Client’s Choice Award from AVVO, with an average client review of 5 stars(the highest rating possible), and he has a perfect 10.0 (Superb) AVVO rating as a litigator.

Effective Howard County Slip-and-Fall Lawyer

If you have been injured on a city sidewalk in Maryland, we can help. Contact our office by e-mail or call us at 410-740-0101 to schedule an appointment. There’s no cost for your first consultation. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

ADDRESS :

  • Jonathan Scott Smith 10490 Little Patuxent Parkway, Suite 200 ,Columbia, MD 21044-4960

  • Call for consultation 410-740-0101