Speeding in Maryland is a common occurrence. It is safe to say that, whether on US-40, I-95, the beltway, or some other highway in Maryland, most drivers exceed the speed limit. Despite the regularity of this form of negligent driving, it is still a dangerous way to drive. On average, between the years of 2018 and 2022, there will be roughly 3,610 accidents per year due to speeding between vehicles. Of these, approximately 1,230 result in personal injuries to someone in the car. This equates to about one-third of all Maryland speeding car accidents resulting in injury.
Fortunately, the number of fatal crashes is far lower than the 1,230 crashes resulting in injury. Of the roughly 3,610 accidents, only 37 resulted in a fatality. But while a relatively low number, it is still startlingly high when realizing two things. First, this is only the number in one year in our somewhat smaller state. And worse yet, 37 motor vehicle crashes result in death, on average. This means the number of deaths due to speeding may be much larger than the 37 total crashes.
There are medical consequences to speeding accidents in Maryland, as well as legal consequences. We will touch on both. Regarding medical consequences, the injuries one can suffer from a high-speed accident are apparent. The laws of physics dictate that mass times acceleration is equivalent to force. Accordingly, the faster one speeds, the more force will be involved in a car accident. With excessive force between cars colliding, the injuries can be catastrophic.
When you have medical severe injuries from a car accident, recovery can take months to years. Some injuries require multiple surgeries, months of follow-up treatment, and recovery time. Speeding accidents, in general, are particularly frustrating because they are often preventable. Almost always, speeding is a choice. If a driver chooses to speed, they are endangering the lives of everyone around them. This differs from an accident such as a rear-end accident or a sideswipe, where the driver is merely negligent due to lack of control. If you are in an accident while speeding, chances are you speed plenty of other times.
Fortunately, the legal consequences tend to match the medical implications. That is the very intent of the legal system in this respect. While money is an imperfect substitute for injuries and loss of life, it is the best system under the law. Moreover, in a successful negligence action, the plaintiff should recover for each dollar of medical expenses incurred, which was reasonable and causally related to the accident. Of course, to heal, you must prove this as an element of your claim. There is also an argument that a Maryland speeding accident plaintiff can recover punitive damages.
Punitive damages are an aspect of tort law that acts to punish a defendant for particularly reprehensible conduct. In Maryland, we have a system for punitive damages that is unique from most other states. The standard is one of malice. This requires knowledge by the tortfeasor. Of course, it can be challenging to prove knowledge. Proving knowledge may be difficult, especially if a driver is going, for example, 60 miles per hour in a 55-mile-per-hour zone. However, if a driver is drag racing his friend and going 105 mph on the highway, we may be able to argue that a driver did know or should have known that he was speeding when he collided with your vehicle, seriously injuring you.
Suppose we can get punitive damages after proving the defendant acted with malice. In that case, we calculate them by multiplying your compensatory damages by a number between one and nine. The Supreme Court has ruled that punitive damages should be no more than nine times the amount of your compensatory damages but can be less. It will take sharp legal work to get the punitive damages you deserve. If a defendant driver is going 105 mph when he crashes into you, it would be far easier to get a large sum of punitive damages than if the defendant is going 65 mph in a 55 mph zone.
Speeding car accidents in Maryland are an ongoing problem, even in 2023. While there is only so much we can do proactively, if you find yourself in an accident where the adverse driver is speeding, do not hesitate to reach out for a free consultation. We are happy to explain to you what the typical trial process looks like for a car accident in Maryland.