Can I Still Sue For Car Accident Injuries if I Was Speeding in Maryland?

Yes, you can still sue for car accident injuries in Maryland even if you were speeding. The key legal question is not whether you exceeded the limit, it’s whether your speed was a proximate cause of the crash.

In this article, you will discover how Maryland’s contributory negligence rule applies when you were speeding, which crash scenarios still support recovery, what evidence proves your speed didn’t cause the crash, and how Attorney John Leppler builds that proof before the insurance company can bury it.

How Maryland’s Contributory Negligence Rule Works

Maryland follows a strict legal standard called contributory negligence. This rule says that if you contributed to the accident in any way, even just 1%, you can be completely barred from recovering any money.

Because of this rule, the speeding argument is the first move insurance adjusters make. If they pin any fault on you, they pay you nothing. Understanding what contributory negligence actually requires- proof that your speed helped cause the crash- is what separates a winning case from a denied claim.

In legal terms, a proximate cause is a cause that directly and foreseeably led to the crash. In other words, proving you were speeding is not enough. The insurance company has to show that the crash likely would not have happened if you had been driving at a lawful speed.

Maryland does recognize one narrow exception, known as the last clear chance doctrine. Even if you were negligent, you may still recover if the other driver had a fresh, final opportunity to avoid the collision after the danger arose and failed to take it. The doctrine applies only in limited circumstances, so it is no substitute for proving that your speed did not cause the crash.

Does a Speeding Ticket Equal Civil Fault in Maryland?

A speeding ticket and a civil personal injury claim are decided in two completely different proceedings under two completely different legal standards. A traffic citation does not automatically make you at fault for the crash.

Even paying the ticket does not, by itself, establish that your speed caused the collision. The insurance company still has the burden of proving that your speed was a proximate cause of the crash, not just that a police officer issued you a citation.

What Maryland Courts Say About Speeding and Causation

Maryland’s courts have been direct on this issue: speculation is not evidence. In Myers v. Bright, 327 Md. 395 (1992), the court ruled that mere conjecture that a driver’s speed might have contributed to a crash is not enough to prove contributory negligence.

There must be actual, specific evidence that your speed caused the accident. If another driver runs a red light or cuts across your lane, your speed above the limit doesn’t automatically excuse their conduct. The insurance company has to prove the connection with facts, not assumptions.

A pattern Baltimore car accident lawyer John Leppler sees often on corridors like the Baltimore Beltway and Harford Road is an adjuster leaning entirely on the police narrative’s estimated speed with no radar, Event Data Recorder (EDR) data, or expert reconstruction behind it. He pushes back on that speculation with the actual physical evidence before it ever reaches a settlement conversation.

Which Crash Scenarios Still Allow You to Recover

In many common accidents, the other driver’s actions are so clearly the cause of the collision that your speed often plays little or no legal role. Here are the scenarios where that happens most often:

Left Turn Across Your Lane

Another driver making a left turn has a legal duty to yield the right-of-way. Their failure to yield, not your speed, is usually what caused the collision.

A Red Light or Stop Sign Run

When a driver runs a red light or stop sign, you have the legal right to be in the intersection. Their violation is usually the direct cause of your injuries.

A Sudden Pull-Out or Unsafe Merge

A driver pulling out from a parking lot, driveway, or side street must wait until it is safe to enter. When they pull into your path without enough room, they create the hazard, not you.

Rear-End Collisions With No Warning

The driver who strikes you from behind is generally presumed at fault. Every driver has a legal duty to maintain a safe following distance for the conditions ahead, regardless of your speed.

What Evidence Proves My Speed Didn’t Cause the Crash

Cases like these are won or lost on evidence, and John Leppler starts building yours the moment you hire him, not weeks later when the critical proof is already gone.

Dashcam and CCTV Video

John Leppler immediately sends evidence preservation letters to businesses, nearby residences, other drivers, and the agencies that operate traffic cameras to secure dashcam and traffic camera footage. Most systems overwrite their recordings within days, so timing is everything.

Vehicle Black Box Data

Most modern cars contain an EDR, commonly called a “black box.” This device records your speed, braking, and steering in the seconds before impact. John Leppler moves fast to preserve this data before the vehicle is repaired or totaled.

Witness Testimony

Independent witnesses can confirm that the other driver’s actions left you no time to react, regardless of your speed. Their accounts can dismantle the insurance company’s speeding narrative before it takes root.

Accident Scene Evidence

John Leppler personally visits the crash scene to document skid marks, debris fields, and sightlines. Physical evidence disappears quickly; he locks it down before it does.

Traffic Citation Records

John Leppler reviews every ticket issued at the scene, to you and the other driver. A serious citation against the other driver can strongly support your claim during the investigation and negotiation.

How Insurance Companies Use the Speeding Defense

Adjusters don’t wait to see how your injuries develop. From the moment you file a claim, they are building a reason to pay you nothing, and in Maryland, all they need is 1%.

Here is their playbook, and how John Leppler fights back:

• Recorded statement traps: They call early and ask casually how fast you were going. Any estimate you give becomes ammunition. John Leppler handles all communication with the insurance company so you never face those questions alone.

• Delayed evidence requests: They wait. By the time they ask for footage, it’s already been deleted. John Leppler sends preservation letters immediately so they can’t run out the clock.

• Lowball offers framed as generous: They cite your speed as justification for a low offer, even without evidence to support it. John Leppler responds with a demand package built on expert reports, medical records, and hard evidence.

• Denial letters built on speculation: They issue written denials based on assumptions, not facts. John Leppler files suit, and litigation forces them to defend their position in front of a judge.

At Leppler Injury Law, John Leppler handles every deposition, every negotiation, and every courtroom appearance personally. Insurers don’t get to stall when the attorney on the other side is ready to try the case.

In claims involving alleged speeding that John Leppler has handled out of Baltimore County, adjusters routinely call within 48 hours hoping to lock in a speed estimate before the client has spoken with a lawyer. He tells every new client the same thing on day one: do not estimate your speed to anyone from the insurance company, ever.

What Should I Do Right Now if I Was Speeding in a Crash?

What you do in the first 24 to 72 hours can make or break your case. Here’s what matters most:

Get Medical Care Right Away

Seek medical attention immediately, even if you feel fine. Gaps in treatment give the insurance company an opening to argue your injuries weren’t serious or weren’t caused by the crash.

Preserve Video and Vehicle Data

Note every nearby business or traffic camera that might have captured the crash. Do not repair, scrap, or sell your car before speaking with an attorney; the black box data inside it could be the most important evidence in your case.

Avoid Recorded Statements

Politely decline when an adjuster asks for a recorded statement. You are not legally required to give one, and doing so without legal representation, especially when speed is an issue, is a serious mistake.

Call a Maryland Car Accident Lawyer Early

The earlier John Leppler is involved, the more evidence he can preserve and protect. He is available 24/7 and returns every inquiry the same business day.

What Compensation Can You Recover?

Fighting the speeding defense is about making sure you are paid fairly for everything you have actually lost.

Economic Damages

Economic damages are your direct, measurable financial losses:

• Past and future medical expenses

• Lost wages and reduced earning capacity

• Property damage and vehicle replacement

• Out-of-pocket costs tied directly to your injuries

Non-Economic Damages

Non-economic damages compensate you for the human cost of the crash, your physical pain, emotional suffering, and lasting loss of enjoyment of life.

What Deadlines Apply to My Maryland Claim?

The statute of limitations is the legal deadline by which you must file your lawsuit or permanently lose your right to sue. In Maryland, you generally have three years from the date of the accident to file a personal injury claim.

There are important exceptions and additional requirements to keep in mind:

• Claims against local governments may require a formal written notice within one year of the crash.

• Claims against the state require notice within one year.

• Injured minors may have a different deadline to file a claim. Consult an attorney or review Maryland law to determine the applicable deadline.

Evidence disappears long before any legal deadline arrives. Waiting even a few weeks can cost you the footage, the black box data, and the witnesses that win cases.

Knowledgeable Car Accident Lawyer in Baltimore, Maryland

A speeding citation is not the end of your case. It’s the beginning of the fight, and John Leppler is ready to take it on.

At Leppler Injury Law, you work directly with attorney John Leppler from your first phone call through the resolution of your case. There is no assembly line, no junior associates, and no file being worked by someone who has never met you. John Leppler personally investigates every case and, when necessary, represents clients at trial.

John Leppler serves clients throughout Baltimore City, Baltimore County, Prince George’s County, Anne Arundel County, Harford County, Howard County, and across Maryland. Your consultation is completely free, you pay nothing unless he wins, and he is available around the clock.

Contact us today. The clock is already running.

Frequently Asked Questions

Does a Speeding Ticket Automatically Bar a Maryland Car Accident Claim?

No. A traffic citation is handled under a different legal standard than a civil injury claim, and the insurance company still has to prove your speed was a proximate cause of the collision.

What if I Was Only 5 to 10 MPH Over the Speed Limit?

A small margin over the speed limit rarely determines fault when the other driver commits a serious violation like running a stop sign or making an illegal turn.

What if I Was Rear-Ended While I Was Speeding?

The driver who rear-ends you is generally presumed at fault, since every driver has an independent duty to maintain a safe following distance regardless of your speed.

Can a Passenger Recover Compensation if the Driver Was Speeding?

Yes. Passengers are almost never held contributorily negligent for their driver’s speed and can file claims against either driver or both.

Can I Still Use PIP or UM/UIM Coverage if I Was Speeding?

Personal Injury Protection (PIP) generally pays your medical bills regardless of fault, unless you waived it. Uninsured/underinsured motorist (UM/UIM) claims are different: they are subject to the same fault rules as a claim against the other driver, so the speeding defense must still be defeated.

How Long Do I Have to File a Maryland Car Accident Claim if I Was Speeding?

In Maryland, you generally have three years from the date of the accident to file a lawsuit. Notice deadlines for claims involving government vehicles or employees are much shorter, so contact an attorney promptly.

Should I Discuss My Speed With the Insurance Adjuster?

No, do not estimate your speed or give a recorded statement to an insurance adjuster before you have spoken with an attorney.