CHAPTER ELEVEN ACCIDENTS INVOLVING SPEED
| Jurisdiction | Maryland |
SCARLETT M. CORSO received her B.A. degree with Honors, summa cum laude from the University of Baltimore in 2007. She attended the University of Baltimore School of Law, graduating in 2010. Ms. Corso is Counsel with Franklin & Prokopik, P.C. where she practices civil litigation with an emphasis on insurance coverage, premises liability, automobile negligence, insurance subrogation and products liability cases. She is the Chair of the CLE Committee of the Bar Association of Baltimore City, a member of the Justinian Society, and a mentor on the Baltimore Girls' Schools' Leadership Coalition as an alumnae representative for her high school alma mater, St. Paul's School for Girls.
I. INTRODUCTION
A. Scope of Chapter
This chapter provides an overview of the law, both statutory and common, regarding the rights and duties of motorists when speed of the automobile is involved. A brief discussion of the involvement of state and local authority in establishing various speed limits is included. Also included is a discussion of motorist liability for racing, as well as the necessity of speed as a proximate cause of an accident to impose liability. Lastly, the evidentiary considerations in placing the issue of speed before the jury are discussed.
B. State and Local Authority Regarding Speed
The rights and duties of motorists regarding the speed of their vehicles are largely defined in MD. CODE ANN., TRANSPORTATION § 21-801 (2020 & Supp. 2021) (hereinafter TRANSP. § ___) and are discussed in later in this chapter. The Maryland legislature has established maximum speed limits as follows:
(1) 30 miles an hour on all highways in a business district and undivided highways in a residential district;
(2) 35 miles an hour on divided highways in a residential district;
(3) 50 miles an hour on undivided highways in other locations;
(4) 55 miles an hour on divided highways in other locations;1 and
(5) 70 miles an hour on an interstate highway or expressway.2
A maximum speed limit of more than 70 miles an hour may not be present on any highway in this State.3
The State Highway Administration is empowered, if it determines, on the basis of an engineering and traffic investigation, that a maximum speed limit is greater or lesser than reasonable or safe under existing conditions on any part of a highway under its jurisdiction, to establish a reasonable and safe speed limit for that part of the highway.4 Likewise, if a local authority, on the basis of an engineering and traffic investigation, determines that a maximum speed limit is greater or lesser than reasonable or safe under existing conditions on any part of a highway in its jurisdiction, it may establish a reasonable and safe maximum speed limit for that part of the highway which may:
(1) decrease the limit at an intersection;
(2) increase the limit in an urban district to not more than 50 miles an hour;
(3) decrease the limit in an urban district; or
(4) decrease the limit outside an urban district to not less than 25 miles an hour.5
Except in Baltimore City, any alteration of a maximum speed limit by a local authority on a part or an extension of a state highway is not effective until approved by the State Highway Administration.6
II. RIGHTS AND DUTIES OF DRIVERS REGARDING SPEED
A. Maximum Speed Limit
The basic rule regulating the proper speed at which motorists may drive is contained in TRANSP. § 21-801. Rather than simply mandate that a motorist may not exceed the posted speed limit, the statute provides that "a person may not drive a vehicle on a highway at a speed that, with regard to the actual and potential dangers existing, is more than that which is reasonable and prudent under the conditions." It is additionally provided that "[a]t all times, the driver . . . shall control the speed of the vehicle as necessary to avoid colliding with any person or any vehicle or other conveyance that, in compliance with legal requirements and the duty of all persons to use due care, is on or entering the highway." Worded in this fashion, the statute leaves open the possibility that a motorist may be considered to be proceeding at an "excessive" rate of speed even when he is travelling within the posted speed limit; in fact, the case law suggests that this is true.7 Where no special hazard exists, however, the court will most likely find the posted speed limit to be a reasonable and proper one for a motorist.8
The general provision in the statute regarding speed lists various circumstances in which a driver of a motor vehicle should drive at an "appropriate, reduced speed." These are as follows:
(1) when approaching and crossing an intersection at which cross traffic is not required to stop by a traffic control device;9
(2) when approaching and crossing a railroad grade crossing;10
(3) when approaching and going around a curve;11
(4) when approaching the crest of a grade;12
(5) when travelling on any narrow or winding roadway;13 and
(6) when any special danger exists as to pedestrians or other traffic or because of weather or highway conditions.14
Accordingly, the fact that an automobile was proceeding within the posted speed limit is not necessarily dispositive on the issue of whether a motorist is liable for travelling at an unreasonable or excessive rate of speed.
B. Minimum Speed Limit
Unless a reduced speed is necessary for the safe operation of a vehicle or otherwise is in compliance with the law, the motor vehicle code provides that a person may not willfully drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic.15
C. Racing
The Maryland Motor Vehicle Code prohibits a person from driving a vehicle in a race or speed contest, whether or not on a wager or for a prize or reward, on any highway or on any private property that is used by the public in general.16 It is well settled in Maryland that the racing of motor vehicles on a public highway is negligence.17 If a racing motorist causes injury to an innocent third party, said motorist will be held liable for the resultant injury. Additionally, the other racing vehicle will also be held liable despite the fact that said vehicle did not strike the injured party. Under Maryland law, all who engage in a race are liable for injury sustained by a third person as a consequence of the race, irrespective of which racing car actually inflicted the injury.18 Thus, when representing a person injured as a result of a vehicle race, the practitioner should include in any suit all vehicles involved in the race.
Generally speaking, the question of whether two individuals were racing is one for the jury.19 Evidence of racing must, however, amount to more than surmise and conjecture to be submitted to the jury.20 A statement by a witness to an accident that he or she took it for granted that the vehicles were racing is not sufficient.21 Rather, the facts must support an inference of some agreement to race.22 Even if there is insufficient proof of racing, the issue of negligence may still be submitted to the jury based on other conduct of the driver.23
III. RIGHTS AND DUTIES OF DRIVERS IN SPECIFIC CIRCUMSTANCES REGARDING SPEED
A. School Zones
By statute, a mechanism is provided for the reduction of the regularly posted speed limit near schools. On the request of any political subdivision, the State Highway Administration may establish speed zones and maximum speed limits within a half-mile radius of any school located adjacent to any highway in the political subdivision.24 A sign shall be placed designating said zone and the maximum speed limits within the zone, and the speed limit established becomes effective upon the posting of said signs.25
Additionally, in designated school zones of any county, the county may decrease the maximum speed limit to 15 miles an hour during school hours, provided it pays the cost of placing and maintaining the signs. A municipality within a county may do the same.26 The State Highway Administration, however, must approve same if a part of a state highway is involved.
B. Weather and Atmospheric Conditions
A driver is required to drive at a reasonable and prudent speed consistent with existing conditions. Thus, even a motorist proceeding within the posted speed limit may be found negligent for exceeding a safe speed, particularly where conditions or hazards are present requiring the reduction of speed.27 It has been consistently held in Maryland that if a driver's view is obstructed by smoke, fog, rain, snow, sleet, or other atmospheric conditions, he or she must exercise care to avoid injury. This care may require a reduction in speed. Thus, in Wiggins v. State,28 a motorist was held to be negligent in driving at a speed of 20 miles per hour through drifting snow that completely obliterated his view for four or five seconds at a time.29
This duty to reduce speed in certain circumstances has been held to apply to a motorist faced with the glare of headlights of an approaching car. In Singleton v. Roman,30 a motorist, in a suit brought by a passenger in his car, claimed he struck an abutment on the side of the road because he was blinded by the headlights of a car coming from the opposite direction. The court stated, however, that the trial court should have instructed the jury that if the motorist ran into the abutment because of said glare, it was his duty to reduce his speed to avoid colliding with any objects.
IV. PROXIMATE CAUSE
Exceeding the speed limit does not constitute actionable negligence unless it...
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