Speeding, Negligence, Fault and a Baltimore Automobile Accident
Evidence that a person was traveling faster than the posted speed limit – while perhaps difficult to prove- can be considered evidence that the speeder was negligent in the operation of the vehicle, and therefore the cause of the accident.
Even if the person is within the posted limit, they still may be driving to fast for prevailing conditions, and therefore negligent.
But even if someone is speeding, it does not necessarily follow that they caused an accident, unless the accident is solely related to excessive speed. If the accident would have occurred anyway, no matter how fast the cars were traveling, it can be argued the speed was not an efficient cause of the accident. A situation involving racing is treated differently. Experienced Baltimore personal injury lawyers may have handled racing [cars engaged in a "contest of speed"] cases. Haddock v. State, 192 A.2d 105. Whether or not cars were racing is a question of fact that must be proven to a jury. If there is a race, and there is an accident, it is considered negligence as a matter of law, and all participants are liable for any injuries caused, irrespective of which car actually caused the injury. Walker v. Hall, 369 A.2d 105. Note speeding and racing are separate offenses, but racing and reckless driving are not.
-This Article was updated by Eric Kirk on 5/2/19.