Effective October 1, 2025, a new Maryland criminal statute went into effect, redefining “reckless driving” to include circumstances where a person drives in excess of 30 miles over the speed limit. See Md. Transportation Code, § 21-901.1. If convicted, a person driving in excess of 30 miles over the speed limit might be sentenced to sixty days in jail and be fined up to $1,000 or both.

In the considered opinions of the top-rated Maryland car accident lawyers at the Law Office of Robert Castro, the new statute should lead to a substantial increase in the number of Maryland car accident cases where punitive damages are sought and awarded. If you want to reach us, use our contact page or call us at (301) 870-1200.

In most Maryland auto accident cases, victims can seek compensation for categories of damages including medical bills, ambulance and emergency room charges, prescriptions, lost wages, pain and suffering, and more. These types of damages are intended to compensate a victim for losses incurred due to the wrongful and negligent behavior of the at-fault driver.

Another type of damages is also available in Maryland car accident cases called “punitive damages.” These are allowed in rare cases and are intended to punish an at-fault driver for their wrongful conduct. Generally, punitive damages can be awarded in Maryland auto accident cases where the at-fault driver was driving in a manner that was reckless, grossly negligent, and/or demonstrated a wanton and willful disregard for the safety of others. See, for example, Nast v. Lockett, 539 A. 2d 1113 (Md. Court of Appeals 1988) (saying that a finding by the jury that the defendant was driving while intoxicated would be sufficient for the jury to conclude that he had a wanton or reckless disregard for human life, allowing for punitive damages).

As noted, in the new criminal statute, state lawmakers ADDED “driving 30 miles over the speed limit” to the definition of reckless driving. The other two definitions involve behavior that is “wanton and willful.” This suggests that Maryland lawmakers believe that a specific type of reckless driving needs to be stopped via higher punishments. Thus, it would be well within that intention to allow more claims for punitive damages in Maryland car accident cases where it is proven that the defendant was driving in excess of 30 miles over the speed limit. This would certainly be consistent with the purpose of the new law. The new law was called the Sergeant Patrick Kepp Act, which was named after a police officer from Montgomery County who was injured by a repeat offender driver who was driving faster than 30 miles over the speed limit. As a result, the officer had both legs amputated. See the report here. The new criminal law was meant to punish wrongdoers driving in excess of 30 miles over the speed limit. Allowing more punitive damage claims would serve the same purpose.

How to prove someone was driving more than 30 miles an hour over the speed limit in Maryland

One reason that victims of car crashes in Maryland need good legal representation is that it can be difficult to prove that the other driver was driving in excess of 30 miles per hour over the speed limit. But experienced Maryland auto accident lawyers know the various possibilities. For example, in some cases, the legal processes allow a victim to access the data held on vehicle “black boxes” (like the ones on planes). The black box data would show the at-fault party’s speed at the time of the accident.

Contact Waldorf, MD Personal Injury Attorney Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland personal injury lawyer at (301) 870-1200. We are Waldorf, MD, Personal Injury lawyers. Our address is 11701 Central Avenue, Suite 200, Waldorf, MD 20601.