For many riders, the open road offers freedom that few other experiences can match. The hum of the engine, the rush of wind, the connection between rider and machine — it’s what makes motorcycling unique. But with that freedom comes responsibility. One of the most common factors in serious motorcycle crashes is speeding. In both Maryland and Virginia, speeding isn’t just a safety risk. It can also destroy your ability to recover compensation after an accident, even if another driver clearly contributed to the crash. Today’s Malloy Law Blog post will cover speeding in motorcycle accidents.
Motorcycles already face a higher level of risk than passenger vehicles. Without the protection of a car frame, airbags, or seatbelts, even a low-speed collision can cause catastrophic injuries. When speeding enters the equation, everything gets worse:
Speeding in motorcycle accidents is a factor in roughly one-third of all fatal motorcycle crashes nationwide. But in Maryland and Virginia, the consequences extend far beyond the physical harm.
Most states follow “comparative negligence” rules, which allow injured parties to recover partial compensation even if they were somewhat at fault. But Maryland and Virginia are among the few states that still follow the contributory negligence doctrine—a far harsher standard.
Under contributory negligence, if you’re found to be even 1% responsible for the crash that injured you, you may be barred from recovering any compensation at all. That means if a jury or insurance adjuster determines your speeding in motorcycle accidents contributed in any way to the collision, your entire personal injury claim could be denied.
Here’s how this plays out in real life. Imagine a motorcyclist is traveling slightly over the speed limit when a car suddenly turns left across their path. The driver clearly failed to yield—but if evidence shows the rider was speeding, the defense may argue that the extra speed made the crash unavoidable.
Even if the difference was only 5 or 10 mph over the limit, that detail can be enough for insurers—or a court—to deny recovery entirely. The same logic can apply if the rider accelerates through a yellow light, takes a curve too fast, or fails to slow down in poor weather conditions.
If you’ve been injured in a motorcycle crash, all hope isn’t lost. An experienced motorcycle accident attorney can often challenge the defense’s narrative by:
In these cases, details matter. A careful investigation and strong legal advocacy can make the difference between a denied claim and full financial recovery.
In Maryland and Virginia, the law leaves little room for error. A single misjudgment—like going slightly over the speed limit—can have devastating legal consequences after a crash. Riders should treat speed limits not as suggestions, but as safety tools designed to protect their rights as much as their bodies. If you’ve been injured in a motorcycle accident, talk to a lawyer who understands both the mechanics of motorcycle crashes and the nuances of contributory negligence law. At Malloy Law Offices, we help riders across the DMV protect their interests and fight back against insurance companies eager to assign blame. Because when the stakes are this high, experience—and attention to detail—matter most.