In theory, speeding can be contributory negligence. Under Maryland law, speeding can lead to a finding of negligence if it contributes to an auto accident and it can be "inferred from such testimony as that the brakes were put on too late, or that the car did not stop until it had gone an extraordinary distance after the brakes were applied." Speed in excess of the maximum legal rate may be prima facie evidence of negligence or of unreasonable and improper driving.
So what is to stop defendant's auto accident lawyer from just arguing speed is the cause of the accident? Maryland law. Maryland car accident lawyers must vigorously fight efforts by defense attorneys in auto accident cases that try to confuse the court introducing into evidence the argument that the Plaintiff was speeding without a legitimate foundation that the plaintiff's speed was a proximate cause of the auto accident. Typically, the defendant's argument that speed was a factor is purely speculation. How does the Defendant know how fast the Plaintiff was going? Every Maryland accident reconstructionist will tell you that a layperson is awful at estimating speed. Moreover, Maryland accident law is clear that mere conjecture that the accident might have been caused by the alleged speeding is insufficient to send the case to the jury.
For more details on Maryland law on speeding and contributory negligence, click here.
