Common Causes of Truck Accidents

commercial truck accidents
When an automobile collides with a commercial truck, the consequences are almost always catastrophic. Under state and federal regulations, most 18-wheelers and big rigs can have a total payload of as much as 80,000 pounds. Here are some of the most frequent causes of large truck accidents:

  • Driver fatigue—Most commercial truckers are paid based on the number of miles traveled—the incentive, then, is to spend more time on the road. While there are federal regulations requiring drivers to keep logs of their time behind the wheel, and mandating periodic breaks, the rules get flaunted and the logs get falsified.
  • Faulty maintenance—Drivers are also required to perform regular maintenance and to keep maintenance logs. Again, because of the time and expense involved, too many drivers neglect necessary maintenance or fabricate maintenance logs.
  • Distracted driving—Whether it’s a handheld device, the stereo or a roadside diversion, it only takes a second to create a dangerous situation
  • Driving under the influence—Some drivers use stimulants to help them stay alert…others drive while under the influence of alcohol or drugs.
  • Violation of traffic laws—Excessive speed, improper lane changing, or failure to use due caution.

Effective 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 three decades, including individuals who have been hurt in truck accidents. Because of his proven record of obtaining positive results, Attorney Smith has received the Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible). AVVO has given him a perfect 10.0 Superb rating as a litigator and he’s also earned an AV-rating under Martindale-Hubbell’s Peer Review Rating System. 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 been hurt because of someone else’s wrongful conduct, 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 Standard of Care in a Medical Malpractice Lawsuit

medical malpractice lawsuit
As we discussed in an earlier blog, in a personal injury claim based on negligence, you need to demonstrate that the defendant breached (or failed to meet) the standard of care expected under the circumstances. That standard of care is determined by the jury, based on what a reasonable person would do.

In a medical malpractice claim, though, because of the specialized training that medical professionals receive, the standard is not the same, but is somewhat higher. In addition, whether or not the defendant’s conduct met the standard is often determined by relying on expert testimony.

The standard of care for medical professionals in a personal injury action is based on:

  • What a reasonably competent and skilled medical professional would do
  • Assuming that the medical professional had similar experience and training
  • The specific standard of care in the geographic community in which the alleged malpractice occurred

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.

Choosing the Right Personal Injury Attorney

finding a personal injury lawyer

What to Look for When You Need Effective Personal Injury Representation

The consequences of a personal injury can be both devastating and long-lasting. You want a lawyer who understands the far-reaching impact of a personal injury, and who will help you get the compensation you need to take care of all your needs. Here are the most important attributes to look for in a personal injury attorney:

  • Trial Experience — Your case may never go to trial — many personal injury lawsuits settle. But you need to know that, if you have to take your case before a judge and jury, your lawyer has the skill, experience and knowledge of trial procedure and tactics to protect your interests.
  •  Experience handling your type of claim — Not all personal injury claims are the same. For example, if you’ve suffered burn injuries, you need a lawyer who understands the unique nature of those types of injuries and the specific medical care you may need.
  • Experience in the geographic area where your claim is filed — While justice should be blind, it typically looks a little different in every jurisdiction. A local attorney will know the practices of the different judges and what they are inclined to allow during the course of a trial. In addition, if your attorney knows and is known by defense counsel, you can often resolve many issues without the intervention of the court, saving you a lot of hassle.
  •  Fee structure — As a general rule, personal injury attorneys take their cases on a contingency basis. That means they won’t charge you upfront, but will take a percentage of any recovery. Find out what that percentage will be, as it can vary from practice to practice.

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.

Happy Thanksgiving

Happy Thanksgiving 2018

At this time of year, we stop to give thanks: for our friends and families, for meaningful work, and for valued clients like you. We are truly grateful that you choose to work with us and we are dedicated to helping you achieve your goals.

We wish you all the blessings of a peaceful holiday with those you love. Happy Thanksgiving!

Happy Halloween!

Happy Halloween! 2018

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.

Winning a Personal Injury Claim—Part Two

Personal-Injury

In an earlier blog, we explained the standard of care to which all persons are held, as well as the requirement, in a personal injury lawsuit, that you prove the defendant failed to meet that standard. Once you’ve done that, you must then show a causal link between that failure (or breach) and the accident that caused your losses.

There are, however, two specific types of cause that you have to prove. First (and often the easiest) is the requirement that you demonstrate what the law refers to as “actual cause.” In a nutshell, you must show that, had the defendant not breached the duty of care, the accident would not have happened.

But that’s not enough—there’s also the requirement that you show “proximate cause.” In essence, proximate cause requires that you show that the specific injury or loss was “reasonably foreseeable” as a result of the wrongful conduct. If there are intervening factors that were not foreseeable, but that were necessary for the accident to occur, there may not be proximate cause. For example, if you negligently run a stop sign and hit another motorist, who then careens into a gas pump at a nearby gas station, you may not be held liable for damages caused by an explosion or fire at the gas station.

Ellicott City, MD Personal Injury Lawyer

Maryland Super Lawyer Jonathan Scott Smith has aggressively represented personal injury victims throughout Maryland for more than 30 years. He knows the effect a personal injury can have on every area of your life, so he’ll work diligently 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 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 [link to Contact Us page] 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.

Arkansas Youth Making Strides in Recovery at Baltimore Hospital

Teen Suffered Severe Spinal Cord Injury in Swimming Accident

Recovery-at-Baltimore-Hospital

A star high school athlete from Pottsville, Arkansas, is making great progress in his recovery from a broken neck, according to officials at Baltimore’s Kennedy Krieger Institute. Drake Maness, the starter center for the Pottsville Apaches, suffered the injury on June 15 while diving at a swimming pool. He was originally being treated at Arkansas Children’s Hospital, in Little Rock, but was transferred to Kennedy Krieger because of the Institute’s national reputation for treating individuals with similar injuries.

Originally without feeling in his lower extremities, Maness is now able to walk. He recently took 900 steps in a single rehab session. Doctors say he’s had some difficulties with obstructions in his airway, but he’s off a ventilator and making steady progress.

Results-Oriented Columbia, Maryland Personal Injury Attorney

Attorney Jonathan Scott Smith, a Maryland Super Lawyer, has fought for the rights of personal injury victims in Maryland for over 30 years, including individuals who have been hurt in swimming pool accidents. As a result of his longstanding 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. Attorney Smith was also recognized as a 2012 Top Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell.

Baltimore, 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.

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.

ADDRESS :

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

  • Call for consultation 410-740-0101