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.

What Is Negligence in a Personal Injury Case?

Negligence happens when someone acts in a careless or reckless manner that causes injury to another person. In personal injury cases, negligence can either be caused by action or failing to take appropriate action.

In general, negligence, from the word neglect, is at the heart of many personal injury claims. It forms the legal basis necessary to mount a personal injury lawsuit.

To win a personal injury lawsuit, the injured person, known as the plaintiff, must prove these four things:

  1. The person who is being sued, or the defendant, owed the plaintiff a duty of care.
  2. The defendant failed to act with appropriate care toward the injured person.
  3. The breach of duty on the part of the defendant caused the plaintiff’s injury.
  4. The plaintiff suffered damages due to the defendant’s breach of duty. Damages means bodily injury, property damages, lost wages, and pain and suffering.

Duty of Care Examples

In the case of a car or other motor vehicle, a person’s duty of care includes following traffic laws, including stopping at red lights and following the speed limits, and not drinking while driving.

Breach of Duty Examples

A beach of duty of care can occur if the owner of a car does not properly maintain a vehicle and that car gets in an accident that causes injuries to another as a result. For example, if the brakes on a car that has not been properly maintained fail, causing the car driver to strike and injure a pedestrian, the car owner has breached his duty of care to the injured person. Had the car been properly maintained, the accident would not have happened.

Cause Examples

The injured person must show that the defendant’s breach of duty actually caused the accident that caused the injury. Sometimes this is very clear. For example, let’s say the driver of one car runs a red light, striking and injuring another individual. While this example demonstrates that all cause rests with the person at fault, not all cases are as clear-cut.


Damages are essentially an attempt by legal means to help the injured person recover as much as possible of the life that he or she had prior to the accident that caused the injuries. Damages include cost of medical treatment, lost wages, and the like. It is relatively straightforward to place a dollar value on property damage relating to a car accident, but not so easy to monetize an intangible such as pain and suffering, or to anticipate damages relating to future medical costs in the case of a person who was permanently disabled as a result of the accident.

Top Rated Accident Lawyer Howard County MD

Jonathan Scott Smith is an experienced Howard County personal injury lawyer. Mr. Smith represents clients in personal injury and wrongful death cases involving accidents throughout Maryland and the Baltimore area. He is a top-rated accident lawyer, with over 30 years of courtroom experience.
As you can see by his background, Mr. Smith is an experienced, respected, and credentialed trial attorney. He has successfully handled personal injury and wrongful death cases, including Howard County accidents, for over three decades. He fights hard for his clients. That’s why many satisfied clients think so highly of him.

Mr. Smith’s extensive trial experience — and track record of successful results in accident and other cases — has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Injured in a Car Accident Caused by Another? Contact a Personal Injury Attorney in Columbia, MD

To schedule an appointment with a personal injury lawyer at the Smith Personal Injury Law Firm in Columbia, MD, call 410-740-0101 or contact us online. Put the skill and experience of a former prosecutor to fight for you.

Maryland Medical Malpractice Lawyer

Legal Assistance when Medical Professionals Leave Sponge in Body or Fail to Remove Surgical ToolsSponge left in Patient

Medical malpractice can occur when health care providers violate standards of care when providing treatment and when that violation leads an injury or injuries. Medical malpractice can be especially dangerous during complicated medical procedures such as surgery. That’s why you need a Maryland medical malpractice lawyer on your side.

Instrument or Sponge Left in Body after Surgery

One well-known and potentially serious and even fatal instance of surgical malpractice is the failure to remove a sponge or other surgical instrument during surgery. The failure to remove surgical instruments can lead to years of discomfort, the need for otherwise unnecessary surgery, further injuries and even death.

If you have questions regarding your legal rights following a surgical error, contact Maryland medical malpractice lawyer Jonathan Scott Smith. Attorney Smith has over 30 years of experience fighting for injured clients. His track record in handling medical malpractice cases includes numerous six-figure recoveries. For more information, contact our firm by calling 410-740-0101.

What You Need to Know about Maryland’s Medical Negligence and Surgical Error Laws

Medical issues resulting from the failure to remove surgical instruments can manifest quickly or can take years. Statutes of limitation, which limit the time for filing a medical malpractice claim, can expire. It is therefore important to obtain legal assistance as quickly as possible once you suspect medical malpractice has occurred.

Maryland Medical Malpractice Lawyer

Mr. Smith’s extensive trial experience — and track record of successful Past Results — has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Mr. Smith is a Maryland medical malpractice lawyer who uses over 30 years of successful experience in handling personal injury claims when investigating your case, working to prove negligence, demonstrating injuries and pursuing compensation. As one recent client stated, attorney Smith “thoroughly prepared and presented [our] case… and achieved a fair settlement”. Call 410-740-0101 to or contact us online regarding medical malpractice in Maryland.

What Is Hospital and Medical Facility Negligence?

Maryland Hospital Negligence and Howard County Medical Facility Neglect

Hospitals are not human; however, they can still be liable for the negligence of theirHospital Negligence employees. There are many different causes of hospital negligence or hospital malpractice, for which hospitals and medical facilities typically carry high amounts of medical malpractice insurance. While no amount of money can fully compensate you for any loss or serious injury, obtaining the compensation you deserve can help you and your family offset the high medical expenses and other expenses associated with your loss or injury.

Most hospital employees and medical staff have above average education and are excellent caregivers. However, as human beings, like you and I, they do make mistakes. If their mistakes cause injury or exacerbate an existing injury, you may be entitled to fair and just compensation.

Everyone knows doctors can commit medical malpractice; however, they are not the only ones who can negligently injury you or cause the death of a loved one.

Common Hospital Employee Negligence

  1. Doctors, surgeons and other physicians – Medical doctors, surgeons and other medical specialists, and other physicians can cause injury or death through their negligence, including the failure to diagnose or misdiagnosis of a serious medical condition, failure to timely treat a serious medical condition, operating on the wrong body part or botching a surgery, and mistakes during child birth are just a few examples of doctors and surgeons committing medical malpractice that can have dire consequences.
  2. Surgical assistants and nurses – Nurses and surgical assistants can also be negligent in administering your care, dispensing medication and in monitoring your medical condition. Negligence in any of these areas could cause injury, worsen an existing injury, or cause death.
  3. Orderlies and nurse’s assistants – Orderlies and nursing assistants can also cause injury or death through their negligence, including mistakes when moving or transporting you to another room or facility, failing to properly feed you (including giving you food to which you are allergic), and failing to properly change your clothes or linens, all of which can lead to sores or infections.

If you, or a family member, were injured due to a hospital staff or doctor’s negligence, you should seek counsel from an experienced personal injury attorney and medical malpractice lawyer to ensure you, and your family, receive the compensation you deserve.

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 serious injuries caused by medical malpractice or hospital negligence. Attorney Jonathan Scott Smith represents clients in wrongful death cases and personal injury cases involving medical malpractice, including hospital negligence.

We also handle bodily injuries due to 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 Medical Malpractice 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.


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

  • Call for consultation 410-740-0101