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. Attorney Eric T. Kirk will tell you.
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.
If you’ve been injured, I’d be honored to personally meet with you to go through the specifics of your claim. This initial legal analysis and case opinion is a complimentary service I offer to my prospective clients.
- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
- Baltimore Car Accident Legal Analysis & Case Studies
- Baltimore Neighborhoods I Serve
A Baltimore car accident and personal injury litigator who has taken hundreds of cases to trial in Maryland, New York and Florida, recovering millions over a 30-year mission to obtain denied compensation for his clients.
