Injured While Not Wearing a Seat Belt?

Can You Still Seek Compensation for Your Losses?

Injured While Not Wearing a Seat Belt?When you’re hurt in a motor vehicle accident, your first thought, after receiving medical attention, is likely to be that you need to contact your auto insurance provider. That may not be in your best interests, though. In fact, you’ll likely benefit most if you immediately retain the services of an experienced personal injury attorney. Here’s why.

Your insurance company maximizes its profits by minimizing the amount it pays out on claims. Accordingly, the company has an incentive to offer you less than you deserve; delay payment in the hope that you’ll accept less than you’re entitled to; or simply deny your claim. When you work directly with insurance adjustors, you’re at a distinct disadvantage. The adjustors do this all the time and are good at making it seem like the amount they are offering is a good deal.

An experienced lawyer, on the other hand, knows when you’re being offered full and fair compensation for your losses. Your attorney has an incentive to maximize your recovery, as his or her compensation is directly tied to what you receive. Make your first call to an experienced lawyer, who can then be your intermediary with insurance companies, working to get the benefits you need and to which you are entitled.

Proven Baltimore County Personal Injury Lawyer

Attorney Jonathan Scott Smith has consistently obtained positive results for personal injury victims in the greater Baltimore area and across Maryland for more than three decades. A Maryland SuperLawyer, he’s also AV-rated by fellow attorneys under Martindale-Hubbell’s Peer Review Rating System. The American Lawyer magazine has named him a Top-Rated Lawyer, and he’s also received the Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible). A proven trial lawyer with a longstanding reputation for success in the courtroom, he has a perfect 10.0 (Superb) rating from AVVO as a litigator.

Results-Oriented Frederick County, Maryland, Personal Injury Lawyer

If you have suffered needless injury in Maryland because of the wrongful acts of another person, Jonathan Scott Smith can help. Send us an e-mail or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is without cost or obligation. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Injured While Not Wearing a Seat Belt?

Can You Still Seek Compensation for Your Losses?

Contribute-to-Causing-Your-InjuriesIn Maryland, as in most states, seat belts must be used by drivers and front-seat passengers when a vehicle is in motion on the roadway. What if you’re injured in a motor vehicle accident caused by someone else’s negligence, but you weren’t wearing a seat belt as required by law. Can you still recover compensation for your losses? In Maryland, the answer is a clear “yes.”

In many other states, the failure to wear a seat belt can be introduced as evidence of the injured person’s own negligence and can reduce the amount of damages awarded or prevent recovery of any damages at all. In Maryland, however, state law holds that the “failure to use a seat belt cannot be used as evidence of negligence,” cannot be used as evidence to limit liability, and cannot be used to reduce or diminish recovery for damages. In fact, defense attorneys may not introduce evidence of failure to wear a seat belt in any civil action for person injury, wrongful death, or property damage. Any such evidence is inadmissible pursuant to Maryland Code, Transportation §22-412.3.

Proven Ellicott City Personal Injury Lawyer

Attorney Jonathan Scott Smith has fought for the rights of personal injury victims in the greater Baltimore area and across Maryland for more than three decades. A Maryland SuperLawyer, he’s long been AV-rated by fellow attorneys under Martindale-Hubbell’s Peer Review Rating System. He’s also been honored as a Top-Rated Lawyer by The American Lawyer magazine. A highly experienced trial lawyer with a widespread reputation for success in the courtroom, he’s received the AVVO Client’s Choice Award, with an average client review of 5 stars(the highest rating possible), as well as a perfect 10.0 (Superb) rating from AVVO as a litigator.

Results-Oriented Frederick County, Maryland, Personal Injury Lawyer

If you have suffered needless injury in Maryland because of the wrongful acts of another person, Jonathan Scott Smith can help. Send us an e-mail or call our offices 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

Did You Contribute to Causing Your Injuries?

Can You Still Get Compensation When You’re Partially Responsible?

Contribute-to-Causing-Your-InjuriesMost accidents have multiple causes. Suppose you’re hit by another driver who runs a red light, but your injuries are worse because you weren’t wearing a seat belt. When your own carelessness contributes to losses you suffer, can you still recover damages? In Maryland, the answer is yes, unless you are found to be fully at fault for your injuries.

Maryland follows the legal principle of “comparative negligence.” Under the concept of comparative negligence, a court will first determine the total amount of losses and then establish the extent to which you contributed to causing them (stated as a percentage of liability). The total damage award is reduced by the percentage of your liability. For example, if you’re hurt in a motor vehicle accident and your total losses are $500,000, but you’re held 10% at fault for your injuries, your damage award will be reduced by 10%, or $50,000.

Results-Oriented Baltimore Personal Injury Lawyer

Attorney Jonathan Scott Smith has successfully represented personal injury victims in metropolitan Baltimore and across Maryland for more than 30 years. He’s a Maryland Super Lawyer and consistently AV-rated by fellow attorneys under Martindale-Hubbell’s Peer Review Rating System. He’s also been named a Top-Rated Lawyer by The American Lawyer magazine. A successful trial attorney with a long reputation for getting 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), as well as a perfect 10.0 (Superb) rating from AVVO as a litigator.

Results-Oriented Frederick County, Maryland Personal Injury Lawyer

If you have been hurt in Maryland because of the carelessness or negligence of another person, Jonathan Scott Smith can help. Send us an e-mail or call our offices 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.

No-Contact Motor Vehicle Accidents in Maryland

Can You Recover for Losses When There’s No Collision?

No-Contact Motor Vehicle Accidents in MarylandAccording to the National Highway Traffic Safety Administration (NHTSA), approximately one in every six motor vehicle accidents are the result of distracted driving. A distracted motorist may drift into your lane or turn in front of you unexpectedly. In your efforts to avoid an accident, you might lose control of your vehicle or collide with something on the side of the road. Can you still pursue compensation from a motorist who forces you off the road, even when there’s no contact?

As a general rule, a valid claim for damages does not require that your vehicle impacts that of another driver. In such cases, a lawsuit typically is based on the legal premise of negligence. To establish negligence, you must prove three things:

  • The defendant (the person from whom you are seeking compensation) failed to act reasonably—Note that there is no set rule regarding what is considered to be reasonable. The jury makes that determination on a case-by-case basis;
  • Their failure to act reasonably caused an accident; and
  • As a result of the accident, you sustained actual losses—You can’t recover for losses that are covered by insurance.

In a no-contact accident claim, then, the court will first look to the behavior of the defendant. Was he speeding? Was he using a handheld device or otherwise distracted?

Experienced Maryland Personal Injury Lawyer

Jonathan Scott Smith, a Maryland SuperLawyer, has protected the rights of personal injury victims in the Baltimore metro area and throughout the state of Maryland for more than three decades. He’s consistently been AV-rated by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review Rating System, and he has been named a Top Rated Lawyer by The American Lawyer magazine. A proven trial attorney known for getting positive results, he’s 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 from AVVO as a litigator.

Proven Frederick County Motor Vehicle Accident Attorney

If you have been hurt in a car 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.

Third-Party Liability for Motor Vehicle Accidents

Can You Sue Someone Other Than the At-Fault Driver?

Third-Party Liability for Motor Vehicle AccidentsWhen another driver acts carelessly or negligently and causes a motor vehicle accident, you have the right to bring legal action against that person to recover compensation for your losses. But motor vehicle accidents often have multiple causes. In many situations, you can seek damages from third parties, in addition to suing the person who was driving the other car. How does that work?

To recover damages under a legal theory of negligence, you must show that a person failed to act reasonably; that the failure to do so caused an accident; and that you suffered actual losses as a result. Here are a few examples of potential third-party liability for a motor vehicle accident:

  • A bar, restaurant, or private party host serves alcohol to someone who is visibly drunk—Ifthat person causes a car wreck while intoxicated, the person and/or business serving the alcohol may be liable.
  • The owner of a vehicle allows another person to drive their car, knowing that that person is inexperienced or has a history of reckless driving—The vehicle owner may have liability in the event of an accident.
  • An employer requires an employee to drive while on the job—The employer may be liable if that employee causes a car accident.
  • A city fails to properly maintain roads—The city may be liable if poor road conditions contribute to an accident.
  • A car or car-part manufacturer fails to take reasonable steps to ensure the safety of a vehicle or part, such as brakes or tires—The manufacturer may have a legal responsibility when a defective product contributes to an accident.

Experienced Prince George’s County Personal Injury Attorney

Maryland SuperLawyer Jonathan Scott Smith has fought aggressively for personal injury victims in Baltimore and throughout the state for more than 30 years. A skilled and experienced trial attorney known for his consistent record of obtaining positive results for clients, Scott Smith received the Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible) and has a perfect 10.0 “Superb” rating from AVVO as a litigator. 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.

Effective Ellicott City Wrongful Death Lawyer

If you have been injured in a motor vehicle accident, 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.

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.

Liability for Holiday Parties in Maryland

Can You Be Responsible If Someone Becomes Intoxicated at Your Holiday Party and Causes an Accident?

Liability for Holiday Parties in MarylandThe holiday season is just around the corner and there likely will be plenty of holiday cheer going around. What happens in Maryland when a person becomes inebriated at an office or private party, gets behind the wheel of a motor vehicle, and causes an accident? Can the person who served the alcohol be held responsible for injuries suffered in the accident (including those of the party guest)?

In Maryland, unlike most other states, there are no dram shop or social-host liability laws. The courts have consistently refused to find that a social host has liability when a party guest over-imbibes and causes an accident. It’s important to understand that the person who became intoxicated may still have liability—the court simply won’t extend that liability to a third party who made alcohol available. If the party to whom the alcohol was provided was a minor, there may be criminal charges filed, but there’s still no social-host liability for personal injuries.

Experienced Montgomery County, Maryland Personal Injury Attorney

Super Lawyer Jonathan Scott Smith has protected the rights of personal injury victims across Maryland for more than 30 years. A proven and effective trial attorney, Smith knows that a personal injury can change your life, and will aggressively fight to get full and fair compensation for all your losses. He’s a member of the Million Dollar Advocates Forum, an honor held by less than 1% of all American lawyers who have obtained million-dollar judgments, awards or settlements. He has the experience, skill, knowledge and resources to zealously protect your rights after a personal injury.

The National Trial Lawyers Association, a “by invitation only” professional organization, has designated Smith as one of the top 100 attorneys in the State of Maryland. He has been honored among the top 100 lawyers in Maryland by Super Lawyers and was named a Top-Rated Lawyer by The American Lawyer in 2012. The American Institute of Personal Injury Attorneys lists attorney Smith as one of the “10 Best Attorneys in the State of Maryland in Client Satisfaction.”

Every year since 1988, Smith has been AV-rated (the highest rating possible) by other lawyers under Martindale-Hubbell’s Peer Review Rating System. He also has earned Martindale-Hubbell’s Client Distinction Award, given to less than 4% of all attorneys in that directory. He holds a 10.0 (Superb) rating as a litigation attorney from AVVO and has received the Client’s Choice Award from AVVO, with an average client review of five stars.

Top-Rated Carroll County, Maryland Accidental Injury Lawyer

We offer comprehensive legal counsel to anyone who suffers a needless injury because of the carelessness or negligence of others. Send us an e-mail or call us at 410-740-0101 to schedule an appointment. We represent slip-and-fall injury victims in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County and Montgomery County in Maryland.

Filing a Lawsuit When You Are Injured as a Passenger on a Motorcycle

Potential Sources of Recovery

Filing a Lawsuit When You Are Injured as a Passenger on a MotorcycleIt’s no secret that a motorcycle is a far more dangerous way to travel than a passenger vehicle. There’s really no protection between you and the road, and the slightest loss of control can bring you down. Often, the accident may not involve another vehicle. What are your options when you suffer needless injury as a passenger on someone else’s motorcycle?

In any situation where you’ve been injured, your best option for financial recovery will generally be under a legal theory of negligence. To prove negligence, you need to show that someone else failed to act reasonably under the circumstances. It doesn’t need to be a driver, either. If you can show that the roadway was poorly maintained, that there was a defective part on the motorcycle, or even that a pedestrian stepped out in front of you, you may have a claim. In addition to showing a breach of the duty to act reasonably, you also have to establish a causal link between the wrongful act and the accident. You’ll also have to show that you suffered actual losses.

Results-Oriented Frederick County Personal Injury Attorney

Super Lawyer Jonathan Scott Smith has fought for the rights of personal injury victims across the state of Maryland for over three decades. Smith is a member of the Million Dollar Advocates Forum, an honor bestowed on less than 1% of all American lawyers who have obtained million dollar judgments, awards or settlements. A highly experienced trial attorney, Smith knows the impact a personal injury can have on every part of your life, and will fight to get full and fair compensation for all your losses. He has the skill, knowledge, experience and resources to successfully argue your claim in court.

The American Institute of Personal Injury Attorneys has listed attorney Smith as one of the “10 Best Attorneys in the State of Maryland in Client Satisfaction.” He has been included among the top 100 lawyers in Maryland by Super Lawyers, and was a Top Rated Lawyer by The American Lawyer Magazine in 2012.

The National Trial Lawyers Association, a “by invitation only” professional organization, has honored Smith as one of the top 100 attorneys in the state of Maryland. He has a 10.0 (Superb rating) as a litigation attorney from AVVO and has also received the Client’s Choice Award from AVVO, with an average client review of 5 stars. He has been AV-rated (the highest rating possible) by his other lawyers under Martindale-Hubbell’s Peer Review Rating System every year since 1988 and has also earned Martindale-Hubbell’s Client Distinction Award, given to less than 4% of all attorneys in that directory.

Top-Rated Baltimore, MD Accidental Injury Lawyer

We offer comprehensive legal counsel to anyone who has suffered a needless injury because of the carelessness or negligence of others. Send us an e-mail or call us at 410-740-0101 to schedule an appointment. We represent slip and fall injury victims in Howard County, Baltimore County, Carroll County, Frederick County, Prince Georges County and Montgomery County in Maryland.

Causation in a Personal Injury Claim

Causation in a Personal Injury ClaimWhen you file a personal injury lawsuit, you must first show that the at-fault party failed to act as a reasonable person—that their conduct was below what would be considered reasonable in society. In addition, you must show that the breach of duty caused you to suffer an injury.

Under the law, there are two types of causation—actual cause and proximate cause—and you must show both. Actual cause, also known as “but for” cause, simply asks the question whether the accident (and your injury) would have occurred in the absence of the defendant’s breach of the standard of care. Proximate cause is a bit more complex, looking at whether or not the consequences (your injury) were reasonably foreseeable as a result of the breach.

Personal Injury Lawyer in Ellicott City, MD

Maryland Super Lawyer Jonathan Scott Smith has aggressively represented personal injury victims in Maryland for more than 30 years, including people who have been hurt in a motor vehicle accident. 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.

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 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. Smith was also recognized as a 2012 Top Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell.

Top-Rated Motor Vehicle Accident Attorney in Maryland

We offer comprehensive counsel to anyone who has been hurt in a car, truck or motorcycle accident. 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.

The Standard of Care in a Personal Injury Lawsuit

The Standard of Care in a Personal Injury LawsuitIf you have suffered an injury because of someone else’s carelessness of negligence, you will most likely bring a lawsuit under a legal theory of negligence. To successfully prove negligence, you must first show that the defendant (the wrongdoer) breached his or her duty or standard of care. Under long-established law, there is a duty owed by everyone in society to act reasonably. This applies to all conduct. Accordingly, if you are behind the wheel of a car, you have a duty to drive as a reasonable person would. If you own a home or commercial building, you must reasonably monitor and maintain the premises to minimize the risk of injury to others.

In a lawsuit, it’s the finder of fact (typically the jury) that determines whether the defendant’s conduct complied with or breached the standard of care.

Top-Rated Personal Injury Attorney in Columbia, MD

Attorney Jonathan Scott Smith, a Maryland Super Lawyer, has fought for the rights of injured people in Maryland for more than three decades, including people who have hurt in a motor vehicle accident. Because of his record and reputation for effective representation, he has been awarded 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 litigation attorney from AVVO, and has also built an outstanding reputation with his colleagues in the legal profession, earning an AV-rating under Martindale-Hubbell’s Peer Review Rating System. Smith was also recognized as a 2012 Top Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell.

Baltimore County, Maryland, Motor Vehicle Accident Lawyer

If you have been hurt in a car or truck accident, 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.

ADDRESS :

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

  • Call for consultation 410-740-0101