Black Box Recorder May Provide Critical Evidence in Your Truck Accident Claim

Many Commercial Trucks Now Equipped with Data-recording Device

Black Box Recorder May Provide Critical Evidence in Your Truck Accident ClaimYou’ve likely heard, in the aftermath of a plane crash, that investigators are seeking the “black box” data recorder in an effort to understand the cause of the accident. You may not know, though, that many newer models of commercial trucks also come equipped with a similar device.

The black box recorder, also referred to as an electronic control module (ECM) or electronic data recorder (EDR), is a small device installed in a semi, big rig, 18-wheeler, or tractor-trailer to collect and store information about the physical properties of the truck. The black box can gather a wide range of data about the truck’s operation, including:

  • The speed the truck was traveling immediately before and at the time of an accident
  • Whether the truck accelerated or decelerated before the crash
  • If and when brakes were used
  • Whether the truck was on cruise control
  • How long the truck had been on the road since its last stop
  • If the driver was wearing a seat belt, and
  • The vehicle’s tire pressure at the time of the accident.

The black box also can provide data that can be compared with the driver’s physical log to determine if state or federal “on the road” time regulations were violated.

ProvenMD Personal Injury Lawyer

Maryland Super Lawyer Jonathan Scott Smith has aggressively fought for personal injury victims in Baltimore and throughout Maryland for more than 30 years. A skilled and experienced attorney with a history of getting positive results at trial, he has received the Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible) and a perfect 10.0 Superb rating as a litigator. He’s also AV-rated by colleagues under Martindale-Hubbell’s Peer Review Rating System and a 2012 Top Rated Lawyer by American Lawyermagazine.

Effective Baltimore, MD Personal Injury Attorney

If you have been hurt because of the wrongful act of another person, 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.

Happy New Year 2020

Happy New Year 2020

May the holiday season fill your home with joy, your heart with love, and your life with laughter.

Do You Have to Remove Snow and Ice from Your Car in Maryland?

Can You Be Liable for a Motor Vehicle Accident If Your Visibility Is Impaired?

A lot of people do it in the winter in Baltimore and across Maryland—there’s a little snow or accumulation of ice on your windshield, maybe the windows are frosted up, but you’re in a hurry… running late. So you head out on the roads with snow on the hood or windshield, or peering through a small section of window that you’ve scraped clean. What happens if you cause an accident because you can’t see another motorist?

There is no law in Maryland requiring that you take the time to clean snow or ice from your vehicle or ensure that your windows are fully defrosted. But that only means you won’t face criminal charges or get a traffic citation if you cause an accident. In a civil lawsuit based on the accident, the injured party may have little difficulty showing that your failure to clean the car was negligent. The standard for determining negligence is what a reasonable person would do. If a reasonable person would have cleaned snow and ice off the car, you can be held liable for failing to do so.

Results-oriented Anne Arundel County, Maryland, Personal Injury Attorney

Jonathan Scott Smith, a Maryland Super Lawyer, has protected the rights of personal injury victims in and around the greater Baltimore area for more than 30 years. He is a skilled and experienced litigator with the proven ability to obtain positive results at trial.

As a testament to his reputation for successful advocacy, attorney Smith has received the Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible). AVVO also has awarded him a perfect 10.0 (Superb) rating as a litigator, and he is AV-rated by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review Rating System. He’s a Maryland Super Lawyer and also was recognized as a 2012 Top Rated Lawyer by The American Lawyer magazine.

Effective Baltimore, MD Personal Injury Attorney

If you have been hurt because of the wrongful act of another person, 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.

Injuries Due to Ice and Snow in Maryland

The Duties of Property Owners to Keep Sidewalks and Thoroughfares Clear

Injuries Due to Ice and Snow in MarylandThough there is no state law mandating the removal of snow or ice from sidewalks in Maryland, many municipalities have their own ordinances requiring property owners to take action:

  • Business owners and homeowners in Prince George’s County face a $100 fine if they fail to remove snow or ice within 48 hours. Howard County has a similar requirement.
  • In Montgomery County, snow and ice must be removed within 24 hours.
  • Baltimore County and the City of Baltimore give residents and business owners 24 to 48 hours. Fines range from $25 to $100.
  • The City of Rockville has a sliding scale, based on the amount of snow—less than three inches must be gone within 24 hours; three to nine inches must be removed within 48 hours; and 10 or more inches must be cleared within 72 hours.

Results-Oriented Maryland Personal Injury Attorney

Jonathan Scott Smith, a Maryland Super Lawyer, has consistently obtained positive results for personal injury victims in the Baltimore metropolitan area and across the state for over 30 years. Attorney Smith holds a 10.0 (Superb) rating as a trial attorney from AVVO, as well as AVVO’s Client’s Choice Award, with an average client review of 5 stars. The American Institute of Personal Injury Attorneys honored him as one of the “10 Best Attorneys in the State of Maryland in Client Satisfaction.”

He is a member of the Million Dollar Advocates Forum, an organization comprised of less than 1% of all American lawyers who have obtained million-dollar judgments, awards or settlements. Smith has been named as one of the top 100 lawyers in Maryland by Super Lawyers and was lauded as a Top-Rated Lawyer by The American Lawyer in 2012.

Smith has been AV-rated (the highest rating possible) by his colleagues in the legal profession every year since 1988 and also has received Martindale-Hubbell’s Client Distinction Award, an award given to less than 4% of all attorneys listed. The National Trial Lawyers Association, a “by invitation only” professional organization, includes him among the state’s top 100 attorneys.

Experienced Baltimore County Personal Injury Accident Attorney

If you have been hurt because of the wrongful act of another person, 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.

Happy Veterans Day 2019

Happy Veterans Day 2019

“We remember those who were called upon to give all a person can give, and we remember those who were prepared to make that sacrifice if it were demanded of them in the line of duty, though it never was. Most of all, we remember the devotion and gallantry with which all of them ennobled their nation as they became champions of a noble cause.” — Ronald Reagan

Winning a Personal Injury Claim—Part Three—The Requirement of Actual Losses

A person getting injured

In the first two parts of this series, we looked at the initial requirements in a personal injury claim based on negligence—you must show that the defendant failed to meet (or breached) the standard of care that a reasonable person would in similar circumstances; and you must show that the breach of care caused an accident that involved you. However, you may be able to prove both of those elements, but still fail in an attempt to recover damages, because you must also show that you suffered some actual loss.

To understand actual loss, it’s necessary to examine the purpose of a personal injury lawsuit—essentially, to put the injured person in the same position they were in before the accident. The “damage” award, then, is designed to compensate the injured party for past, present and future losses. If you can’t show any such loss—you were in a car accident caused by someone else’s negligence, but you didn’t miss any work, didn’t incur any medical expenses, did not experience any pain or suffering, and had no damage to your vehicle (you were a passenger in another vehicle, perhaps)—you don’t have anything for which you need to be compensated.

In addition, if you had losses, but they were all covered by insurance, you won’t have a claim, though the insurance company may.

Columbia, MD Personal Injury Lawyer

Maryland Super Lawyer Jonathan Scott Smith has aggressively represented personal injury victims throughout Maryland for more than three decades. He understands the impact a personal injury can have on every aspect of your life, so he’ll work hard to get full and fair compensation for all your losses.

Attorney Smith has been honored as a Top-Rated Lawyer by The American Lawyer Magazine. He’s a multiple recipient of the Client’s Choice Award from AVVO, based on an average client review of 5 stars (the highest rating possible), has a perfect 10.0 Superb rating as a litigation attorney from AVVO, and has been named a Maryland Super Lawyer. He’s also AV-rated by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review Rating System.

Top-Rated Baltimore County Accident Injury Lawyer

We offer full service legal counsel to anyone who has suffered a needless injury because of the careless or negligent acts of others. Contact us by e-mail or call us at 410-740-0101 to schedule an appointment. We represent personal injury victims in Howard County, Baltimore County, Carroll County, Frederick County, Prince Georges County and Montgomery County in Maryland.

Common Causes of Truck Accidents

Overturned Truck

Factors Most Likely to Cause or Contribute to Commercial Trucking Crashes

The number of big commercial trucks—semis, tractor-trailers, 18-wheelers and big rigs—on the nation’s roadways continues to rise. Industry officials say as m any as two million tractor-trailers are on American highways every day. In 2016, there were nearly 500,000 police-reported crashes involving large commercial trucks. Unfortunately, when a big rig collides with any other type of vehicle, the consequences are often serious and catastrophic.

According to statistics gathered by the National Highway Traffic Safety Administration (NHTSA), the most common causes of major truck accidents include:
• Driver fatigue—Most commercial truck drivers are paid by the mile, so there’s an incentive to spend a lot of time behind the wheel. While there are state and federal regulations limiting time on the road, they are often ignored or disregarded.
• Lack of experience—It takes skill to safely operate an 18-wheeler—unfortunately, too many companies put too many drivers on the road without the requisite experience or training. In addition, veteran drivers can face challenges if they travel on new roads.
• Loading errors—Trucks may be overloaded or may not have loads accurately distributed in a trailer
• Truck maintenance—Drivers are also required to keep maintenance logs and perform regular maintenance, but that can often be neglected as too expensive or time-consuming
• Distracted driving—There are all types of distractions to take a truck driver’s eyes off the road—handheld devices, stereos, roadside attractions.

Results-Oriented Baltimore, Maryland Personal Injury Attorney

Attorney Jonathan Scott Smith, a Maryland Super Lawyer, has protected the rights of personal injury victims in Maryland for over 30 years, including individuals who have been hurt in truck accidents. Because of his impressive record of obtaining positive results for his clients, Attorney Smith has received the Client’s Choice Award from AVVO, based on an average client review of 5 stars (the highest rating possible). He has a perfect 10.0 Superb rating as a litigator from AVVO, and has also earned an AV-rating under Martindale-Hubbell’s Peer Review Rating System, the highest rating possible. He’s a Maryland Super Lawyer and was also recognized as a 2012 Top Rated Lawyer by The American Lawyer Magazine.

Proven Ellicott City Personal Injury Lawyer

If you have suffered needless injury because of the carelessness or negligence of another person, let us 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 Georges County and Montgomery County in Maryland.

The Fatal Four—Most Common Types of Accidents on Construction Sites

Accidents-on-Construction-Sites

It’s no secret that working in construction, whether it’s single family home or high-rise building projects, is one of the most dangerous occupations in the world. Though there are many different types of risks, statistics show that the majority of fatalities on construction sites stem from four types of accidents:

  • Falls from heights—This is far and away the most likely causes of death on a construction site, with more than a third (36%) of construction site deaths resulting from falls. This includes falls from roofs, upper levels of high-rise construction, ladders and scaffolding, as well as cranes and other devices.
  • Falling objects—Studies show that about one in ten construction site deaths are caused by falling objects, including building materials, tools, debris and even other workers.
  • Exposure to live electrical current—Approximately the same number of workers died from electrocution. OSHA records indicate that the causes include contact with overhead power lines by ladders, scaffolding or equipment, as well as direct contact with live wires.
  • Caught-between accidents—About two percent of construction site fatalities involved workers who were crushed between two objects, such as heavy equipment or machinery, construction materials or debris.

Columbia, MD Personal Injury Lawyer

Maryland Super Lawyer Jonathan Scott Smith has tenaciously advocated for personal injury victims across Maryland for more than 30 years. He knows that a personal injury can affect every aspect of your life, so he works hard to get full and fair compensation for all your losses.

Smith has been honored as a Top-Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell. He’s a multiple recipient of the Client’s Choice Award from AVVO, based on an average client review of 5 stars (the highest rating possible) and has a perfect 10.0 Superb rating as a litigation attorney from AVVO. As an indication of the respect by which he is held by his colleagues in the legal profession, he’s AV-rated under Martindale-Hubbell’s Peer Review Rating System.

Top-Rated Maryland Accident Injury Lawyer

We offer comprehensive legal representation to people who have suffered injury because of the carelessness or negligence of others. Contact us by e-mail or call us at 410-740-0101 to schedule an appointment. We represent personal injury victims in Howard County, Baltimore County, Carroll County, Frederick County, Prince Georges County and Montgomery County in Maryland.

Maryland High Court to Review Physician Liability Standard

Baltimore County Circuit Court Decision under Appeal

Review-Physician-Liability-Standard

As the law of personal injury has evolved, particularly with respect to medical professionals, a distinction has long been in place between the duty of care expected of ordinary citizens and the duty of care expected of physicians and nurses. In personal injury cases in general, there’s a duty imposed on the defendant to use a reasonable standard of care. When the defendant is a medical professional in the course of his or her duties, though, the standard has long been higher—that of a reasonably competent physician with similar training and experience, practicing in the same location. That may all be about to change.

In a trial in Baltimore County Circuit Court, attorneys for an injured man asked the judge to instruct the jury to consider what a lay person would deem reasonable, thereby applying the general standard in a medical malpractice claim. The jury returned a verdict for the injured party and that decision was appealed. The appellate court concluded that the instruction was improper and ordered the case retried. That decision is now before the Maryland Supreme Court.

Advocates for the lower court’s decision say the standards for doctor’s are unnecessarily high, allowing them to be careless without consequence. Opponents argue that lowering the standard of care would result in a substantial increase in the number of meritless claims against physicians.

Results-Oriented Baltimore, Maryland Personal Injury Attorney

Attorney Jonathan Scott Smith, a Maryland Super Lawyer, has aggressively protected the rights of personal injury victims in Maryland for over three decades. As a testament to his ability to get positive results for his clients, Attorney Smith has received the Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible). He has a perfect 10.0 Superb rating as a litigator from AVVO, and has also received an AV-rating from his colleagues in the legal community under Martindale-Hubbell’s Peer Review Rating System. Attorney Smith was also recognized as a 2012 Top Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell.

Anne Arundel County, Maryland, Personal Injury Lawyer

If you have been hurt because of the carelessness or negligence of another person, we can help. Contact us 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 Georges County and Montgomery County in Maryland.

Winning a Personal Injury Claim—Part One

Injury Claim—Part One

If you’ve been injured because of the actions of another person, you may have a right to bring legal action to recover for your losses. In most instances, such a lawsuit will be based on a legal theory of negligence. To successfully argue a negligence claim, you need to prove three things:

  • That the defendant (person whose actions caused your injury) failed to act reasonably under the circumstances
  • That the accident occurred because of the defendant’s breach (failure to act reasonably) of the duty of care
  • That you suffered actual injury in the accident

As a general rule, all persons in society are expected to act as a reasonable person would in the same situation. There’s no specific legal rule or standard—it’s determined on a case-by-case basis, typically by the jury.

Ellicott City, MD Personal Injury Lawyer

Maryland Super Lawyer Jonathan Scott Smith has protected the rights of personal injury victims in Maryland for more than 30 years. He understands the impact a personal injury can have on every aspect of your life and will work hard to get full and fair compensation for all your losses.

Smith has been recognized as a Top-Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell. Because of his record and reputation, he has been a multiple recipient of the Client’s Choice Award from AVVO, based on an average client review of 5 stars (the highest rating possible). He also has a perfect 10.0 Superb rating as a litigation attorney from AVVO, and is also respected by his colleagues in the legal profession, who have given him an AV-rating under Martindale-Hubbell’s Peer Review Rating System.

Top-Rated Maryland Motor Vehicle Accident Lawyer

We offer full service legal counsel to anyone who has suffered a needless injury because of the careless or negligent acts of others. Contact us by e-mail or call us at 410-740-0101 to schedule an appointment. We represent personal injury victims in Howard County, Baltimore County, Carroll County, Frederick County, Prince Georges 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