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.

Fatal Motorcycle Accident Kills Man

Fatal Motorcycle Accident Claims Life in Anne Arundel County

A fatal motorcycle accident on March 10, 2013 resulted in the cyclist’s death, reported The Baltimore Sun. The motorcycle accident occurred on Crain Highway in Crofton, when a Chevy Cobalt was crossing Crain Highway to enter the parking lot of a Royal Farm Store. The car struck the motorcycle, which was located in the far left lane.

Anne Arundel police were still investigating the cause of the accident, but initially concluded that neither speed nor alcohol were factors.

Motorcycle Accident Statistics Show Alarming Increase in Injuries

Between 2001 and 2008, more than 34,000 motorcyclists were killed and an estimated 1,222,000 persons were treated in a U.S. emergency department (ED) for a non-fatal motorcycle-related injury, according to the Centers for Disease Control and Prevention. This is an alarming increase in injuries from motorcycle accident cases.

Maryland Motorcycle Accident Attorney

Jonathan Scott Smith is an experienced personal injury and motorcycle accident attorney with more 30 years of experience, including fatal motorcycle accident cases. He understands the prejudice against motorcyclists, and how devastating a motorcycle accident can be when a careless car or truck driver causes a collision.

With more than 30 years of courtroom experience, attorney Jonathan Scott Smith knows how to protect the rights of motorcycle accident and personal injury victims in Maryland. Mr. Smith’s extensive trial experience — and track record of successful Past Results — has earned him the recognition of his peers and clients:

  • Maryland Super Lawyer.
  • Selected for “Top Attorneys in Maryland.”
  • 10.0 Superb” as a litigation attorney by AVVO.
  • AV-Preeminent™*” Peer Rating by Martindale-Hubbell Law Directory (25 consecutive years).
  • “Client’s Choice Award” by AVVO, based on average client reviews of 5 stars — the highest client review possible.
  • 2012 Top Rated Lawyer by The American Lawyer magazine and Martindale-Hubbell.

These are the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Maryland Motorcycle Accident Lawyer

We handle bodily injuries from auto accidents, drunk driving wrecks and motorcycle accident cases in Baltimore County, Anne Arundel County, Carroll County, Prince George,s (Prince Georges) County, Howard County, Carroll County, and Montgomery County, MD.

Contact Us

Let us help you with your motorcycle accident claim. Call us now at410-740-0101, or contact us online.

Car Accident Fatalities on the Rise among 16 and 17 Year Old Drivers

Maryland Car Accidents and Car Crash Fatalities: Give Them Good Driving Advice

While there has been a general downward trend in the number of car accident fatalitiesTeen Car Accident in Maryland and elsewhere across the country, preliminary numbers from the Governors Highway Safety Association in Washington D.C., indicate the trend is being bucked by 16 and 17 year old drivers. If the statistics bear out, this will mark the first time in five years that fatalities have increased.

There is some speculation that the cause in the rise of these teenage car fatalities is due to an improvement in the economy, where high gas prices and unemployment limited the driving of many teens. Others speculate that cell phone and texting are partially responsible for many of the teenage fatalities.

What Advice Can You Give Maryland Teenage Drivers to Help Them Avoid Accidents and Death?

  1. Make sure they understand the rules of the road. This is important and can help them avoid an auto accident because of committing a traffic violation.
  2. Teach them defensive driving. Being right doesn’t mean they won’t get hurt in a traffic accident caused by someone else.
  3. Teach them to turn their cell phones off when driving. The temptation is too great to look at a text, or see who is calling when the phone rings.
  4. Make sure they either have cab fare or someone they can call if they are too tired to drive. Driving tired, falling asleep at the wheel or not paying attention due to fatigue can all lead to a fatal car crash.
  5. Let them practice driving when they are with you. The more they practice, the better drivers they will become.

If your teenage son or daughter was involved in a car accident or auto wreck fatality in the Baltimore, Maryland area, including the Baltimore Beltway (I-695), the B-W Parkway or one of the interstate highways (such as I-95, I-70), or major local roads such as Route 29 and Route 40, please contact an experienced Maryland personal injury attorney to ensure they and your family receive the advice, representation and counsel needed to make informed decisions.

Contact Our Office

To schedule an appointment, contact us online or call us now at 410-740-0101. Let us use our skill, experience, knowledge and resources to help you get full and fair compensation for your car accident injuries.

Attorney Jonathan Scott Smith represents clients in wrongful death cases and personal injury cases involving bodily injuries in auto accidents, truck wrecks, drunk driving wrecks and motorcycle wrecks on the Baltimore Beltway, Washington Beltway, MD 295, Baltimore Washington Parkway, B-W Parkway, I-695, I-495, Interstate 95 in Maryland, I-70, Maryland Route 32, U.S. Route 29, Baltimore National Pike, Route 40, I-83 and serious injury accidents throughout Maryland.

Ellicott City Car Wreck Attorney

Lawyer Smith also provides experienced legal representation for clients in Baltimore, Columbia, MD, Clarksville, Sykesville, Fulton, Elkridge, Frederick, Mt. Airy, Ellicott City, Laurel, Westminster, Baltimore County, Anne Arundel County, Carroll County, Prince Georges (Prince George) County, Howard County and Montgomery County, MD.

Motorcycle Accidents — Recovering Compensation

Maryland is a contributory negligence state and the party or parties deemed at fault in a motorcycle accident must pay damages to anyone injured by the accident. If you want to recover compensation for injuries or damages sustained in a motorcycle accident, you must show the other party is liable.

Who caused the accident?

Proving liability or fault for an accident means you must offer proof that the other driver was negligent and, through that negligence, caused the accident in which you sustained injuries and/or damages. Therefore, you have to show that the other driver acted carelessly by:

  • Speeding
  • Being inattentive
  • Tailgating
  • Disobeying traffic lights and/or signs
  • Driving under the influence of alcohol

Because of the contributory negligence law, it is vital that you work with an experienced motorcycle accident attorney who can prove that you did not contribute to the cause of the accident. Even if you are found one percent responsible under Maryland law, you are not entitled to recover compensation from the other driver.

Compensation for motorcycle accidents

If you can successfully show that the other driver was responsible for your accident, you are entitled to recover damages. Depending on the circumstances of your case, you may be entitled to receive compensation for:

  • Property damage — repairs and/or replacement
  • Vehicle rental costs
  • Medical costs and treatments
  • Lost income
  • Pain and suffering
  • Disfigurement
  • Disability

How much you are entitled to recover depends upon the severity of your injuries and losses, and projected recovery time.

If you or a loved has been injured in a motorcycle accident, you need the help of a seasoned personal injury attorney. Contact Jonathan Scott Smith online or call 410-740-0101to schedule a consultation to discuss your case.


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

  • Call for consultation 410-740-0101