Reckless Driving Should Lead to Punitive Damages Claims in Waldorf, MD

Maryland’s reckless driving law changed on October 1, 2025. Drivers who go 30 mph or more over the posted speed limit can now be charged with reckless driving as a crime under Md. Transportation Code § 21-901.1. A conviction can mean up to 60 days in jail, a fine of up to $1,000, or both. The new statute is part of the Sergeant Patrick Kepp Act (Senate Bill 590).

Does this change unlock more Maryland punitive damages claims in car accident cases? The honest answer is: maybe, but not automatically. At Castro Law Group in Waldorf, MD, our 4.9-star rated Maryland car accident lawyers think the new law strengthens the argument in serious cases — but Maryland’s actual standard for punitive damages remains very high. This post explains both pieces, and what they mean if you were hit by a driver going far above the speed limit. If you want to talk to us, please use our contact page or call (301) 870-1200.

What punitive damages are in a car crash case

Most auto accident cases pay what the law calls compensatory damages. These cover what the victim actually lost — medical bills, ambulance and ER charges, prescriptions, lost wages, pain and suffering, and more. The goal is to make the victim whole.

Punitive damages are different. They are not meant to repay a loss. They are meant to punish the at-fault driver. They also send a warning to others. Courts only allow these awards in rare cases.

Maryland’s high bar for punitive damages

Here is the part of Maryland law most people do not know. Since 1992, Maryland courts have applied a very strict standard. In Owens-Illinois v. Zenobia, 325 Md. 420, the Court of Appeals held that a plaintiff must prove “actual malice” by clear and convincing evidence to recover punitive damages. The court defined actual malice as conduct characterized by evil motive, intent to injure, ill will, or fraud.

One year later, in Komornik v. Sparks, 331 Md. 720 (1993), the same court applied that rule to drunk driving. The court held that drunk driving alone does not meet the actual malice standard. That is still the law in Maryland today.

So in most Maryland car accident cases — even cases involving serious recklessness — punitive damages are not on the table. Negligence is not enough. Gross negligence is not enough. The plaintiff needs evidence of evil motive, intent to injure, ill will, or fraud, and the proof must be clear and convincing.

Why the new reckless driving law still matters

Given the Zenobia/Komornik standard, why do we think the Sergeant Patrick Kepp Act matters for punitive damages claims at all? Two reasons.

First, the new law tells us how the legislature views extreme speeding. The General Assembly chose to make 30 mph over the limit a criminal offense punishable by jail time. That is a deliberate policy choice that 30+ mph speeding is the kind of behavior that warrants real punishment, not just a fine. While that legislative judgment does not by itself change the civil standard, it can inform how a jury views the conduct — and how plausible it is to argue that the defendant’s behavior crossed from negligence into intent to injure or ill will.

Second, the new law makes proof easier. Under the old version of § 21-901.1, reckless driving required proof of “wanton or willful disregard” — a subjective standard that was fact-intensive and hard for prosecutors to establish. The Kepp Act adds an objective threshold: 30 mph or more over the limit. A criminal conviction under that threshold is now easier to obtain, and a criminal conviction is strong (if not dispositive) evidence in a related civil case.

Combined with other aggravating factors — a defendant who is a repeat offender, who knew the area was a school zone, who was using a phone, who continued accelerating after seeing pedestrians — the new criminal threshold may help build the kind of record that can plausibly support an actual-malice argument. The law does not change the standard. But it can strengthen the evidence.

The law was named after Montgomery County Police Sergeant Patrick Kepp. He lost both legs after being struck by a repeat offender driving over 100 mph in 2023. You can read Montgomery County’s announcement on the new law. For the criminal side of this law and what a defense looks like, see our piece on Maryland’s new reckless driving law from a defense angle.

How to prove a driver was 30 mph or more over the limit

Proving extreme speed is one of the harder parts of any car accident case. Most drivers do not admit it. Police reports may not list a speed at all. That is why crash victims need an experienced lawyer.

Skilled auto accident attorneys know what to look for. Common sources of speed evidence include:

• Event Data Recorders (EDRs), sometimes called the car’s “black box.” Most newer vehicles record speed, brake use, and throttle in the seconds before a crash. With the right legal steps, your lawyer can request this data.
• Traffic camera and surveillance footage from nearby businesses, intersections, or homes near the crash site.
• Cell phone GPS data, which can sometimes show how fast a phone was traveling at the time of impact.
• Police investigation records, including LIDAR or radar readings, dashcam video, and skid mark or crush analysis from accident reconstruction.
• Eyewitness statements from other drivers, passengers, or pedestrians.

The sooner a lawyer gets involved, the better. Some of this evidence is overwritten or deleted within days or weeks of a crash.

Frequently Asked Questions

Are punitive damages always available in a car accident case?

No. The bar is very high. Under Owens-Illinois v. Zenobia (1992), the victim must show actual malice by clear and convincing evidence. Most car crash cases only result in compensatory awards.

Does a reckless driving conviction guarantee these awards in the civil case?

No. A criminal conviction can be strong evidence in the civil case, but the civil court still has to apply Maryland’s actual-malice standard. A conviction shows the defendant’s conduct met the criminal threshold; it does not by itself show evil motive, intent to injure, ill will, or fraud. Your lawyer can explain how the conviction affects your specific case.

How long do I have to file a personal injury claim after a Waldorf car crash?

Maryland’s general statute of limitations for personal injury is three years from the date of the crash under Md. Cts. & Jud. Proc. § 5-101. Wrongful death claims also have a three-year window. Claims against state or local government agencies require a written notice of claim within one year of the injury under the Maryland Tort Claims Act or Local Government Tort Claims Act. Talk to a lawyer right away to protect your rights.

What is the standard for punitive damages in Maryland?

Under Owens-Illinois v. Zenobia, 325 Md. 420 (1992), a plaintiff seeking punitive damages must prove “actual malice” by clear and convincing evidence. Actual malice means conduct characterized by evil motive, intent to injure, ill will, or fraud. The Maryland Court of Appeals confirmed in Komornik v. Sparks, 331 Md. 720 (1993), that drunk driving alone does not meet this standard. Negligence and even gross negligence are not enough. This is one of the strictest punitive damages standards in the country, and it makes these awards rare in Maryland personal injury cases.

Talk to a Waldorf, MD personal injury attorney today

If you or a loved one was hurt by a driver going far above the speed limit, the new criminal law may strengthen the evidentiary record in your case — even if punitive damages remain a high bar. Castro Law Group has served the Waldorf area since 1993. Speak with an experienced Maryland personal injury lawyer by calling (301) 870-1200. We are at 11701 Central Avenue, Suite 200, Waldorf, MD 20601.