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Speeding And Contributory Negligence In Maryland Virginia & D.C.: Would You Be Partially At Fault?

Posted on 04/11/22 by admin in Auto Accidents

Is Speeding Contributory Negligence?

When it comes to personal injury claims, in certain jurisdictions, one of the key issues that can come into play is contributory negligence. This is where the courts determine that the plaintiff (the injured party) is partly responsible for their own injuries, and as a result, their damages may be denied completely. This means that the plaintiff is not entitled to any compensation at all.

One of the situations where contributory negligence may be an issue is when the plaintiff was speeding at the time of their accident. While speeding may not automatically mean that the plaintiff is contributory negligent, it can certainly be a factor that is taken into account.

What Is Contributory Negligence?

Contributory negligence is a legal doctrine that can be used to deny compensation to an injured party if they were found to be partly responsible for their own injuries. In other words, if the plaintiff is found to have contributed to their own accident in some way, even if it was a small percentage, their damages may not be entitled to any compensation at all.

There are a number of ways in which a plaintiff can be found to have contributed to their own accident. One of the most common is speeding. While speeding may not automatically mean that the plaintiff is contributory negligent, it can certainly be a factor that is taken into account.

The Role Of Speeding In Personal Injury Cases

Speeding can be a contributing factor to an accident and may lead to complications in a personal injury case. But how does this work in practice? Let’s take a look at an example.

Imagine that you are involved in a car accident. The other driver is found to be at fault for the accident, but you were also speeding at the time. You may still be eligible to receive compensation for your injuries, but the amount of damages you are awarded may be denied completely due to your contributory negligent behavior.

Is Speeding Contributory Negligence?

It’s important to note that each case is different, and the role of speeding in contributory negligence will be decided on a case-by-case basis. However, if you were going significantly over the speed limit and driving recklessly at the time of your accident, it’s more likely that contributory negligence will be an issue in your case.

Factors That Contribute To Determining If You Were Contributory Negligent

There are a number of factors that can lead to the findings of contributory negligence. These include:

  • The severity of the speeding offense: if you were only slightly exceeding the speed limit, this is less likely to be considered contributory negligence than if you were speeding significantly.
  • The road conditions: if the road conditions were poor (e.g. wet, icy, etc.), this may be taken into account when determining contributory negligence.
  • The speed limit: if the speed limit was low, you may be less likely to be found contributorily negligent than if the speed limit was high.
  • Whether you were speeding in a school zone: speeding in a school zone is considered to be more serious than speeding in other areas, and is more likely to lead to a finding of contributory negligence.

speeding in a school zone

How Contributory Negligence Can Impact Your Personal Injury Claim

If you are found to be contributorily negligent in an accident, it can have a significant impact on your personal injury claim. This means that it may result in a complete bar to your recovery.

If you’ve been involved in an accident, it’s important to be aware of the role that contributory negligence can play in your case. Contributory negligence is a defense that can be used by the insurance company to try and reduce their liability, leading to a significant impact on your personal injury claim.

speeding in a car accident, who's at fault

There are a number of factors that can contribute to a finding of contributory negligence, including the severity of the speeding offense, the road conditions, and the speed limit. If you are found to be contributorily negligent in an accident, it can result in a complete denial of your claim.

However, don’t hesitate to reach out to a car accident attorney if you are unsure about your car crash claim.

Reach Out To A Car Accident Attorney And Know For Sure

If you’ve been injured in an accident, it’s important to speak to a personal injury lawyer as soon as possible. They will be able to assess your case and advise you on the best course of action. A skilled lawyer will be able to tell you if your actions during the accident can be counted as contributory negligent. They can also advise you on the ramifications of what being considered contributory negligent means within the aspects of your case and the state in which you are filing your claim. Rules for what counts a person being contributory negligent can vary from state to state. Currently Maryland, Virginia  and Washington D.C.  follow the contributory negligence doctrine, which results in no compensation if you are found to be partially at fault. Talk to an attorney today and know the answers for sure!