Which State Has the Worst Drivers?

Being behind the wheel should not be an adventure. However, it does in certain states. My years of experience as a personal injury lawyer and defender in traffic violations have taught me first hand that geography bears on a driving behavior- and the legal implications that come hand in hand. Which state do we have the worst drivers? The solution is not as simple as you may imagine. It is a matter of what measure you look at: fatalities, DUI rates, traffic citations or insurance claims.

I would like to take you through the statistics, legislation and actual practical use. This is not merely about the finger pointing. It has to do with the reason some states never do well- and how it affects you, both in law and in dollars.

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Understanding What Makes a “Bad Driver” State

We want to have something straight before we sink into rankings. “Worst drivers” is subjective. Various companies adopt varying standards. Some focus on fatal crashes. The others focus on speeding tickets or uninsured motorist rates.

The Key Metrics Used in Driver Rankings

This is what most studies put into consideration:

• Death rates among accidents (per 100,000 inhabitants).
• Statistics of DUI and DWI arrest.
• Citations of speeding and careless driving.
• Driving percentage without insurance.
• Violation of traffic lights.
• Cases of distracted driving.

All metrics have different stories. A state may possess minimal deaths and excessive speeding problems. The other one may be heavily enforced with a high rate of uninsured.

I recall a case that I was dealing with in Mississippi. My customer had been hit in the back by an uninsured driver. The legal battle was brutal. Mississippi is among the states with the largest uninsured motorists. This single statistic altered all her case.

The Top Contenders: States With the Most Dangerous Drivers

Various investigations are indicating the same offenders. So, what about the states that seem to be on the top of such lists of misfortunes?

Montana: Open Roads, Deadly Results.

Montana is notorious at being among the worst. Why? It’s not population density. The population of the state is low. In those open highways there is illusion of safety.

Drivers speed. A lot.

The rate of fatality in Montana is one of the highest rates. Insurance Institute of Highway Safety (IIHS) reports that the rural roads are much worse than the urban roads. Montana is virtually rural.

This is what the greater part of people do not know. The state of Montana did not even have a daytime speed limit until 1999. That is the culture of driving as fast as you like. I have been consulted on wrongful death cases in Montana. The speeds were appalling.

Mississippi: Driver Uninsurance and Legal Nightmares.

In the State of Mississippi, there is a distinct legal problem. The uninsured motorist rate is the highest in the state at approximately 29 percent based on the Insurance Research Council.

Think about that. In almost every third driver, there is no insurance. Hit you, they are probably lucky you recover damages.

Clients have been advised in this case. It’s heartbreaking. You’re injured. You have medical bills. But the negligent driver has nothing. You are left to your own uninsured motorist coverage, which I guess you have.

Trick of the trade: Driving across Mississippi? You should have your UM/UIM benefits exhausted. Seriously.

New Mexico: DUI Capital of America.

New Mexico has a scandalous reputation. It is always among the first and second highest in the number of fatality due to DUI. Alcohol-related crashes have been a decade-old problem in the state.

What is even more exasperating about this? New Mexico has passed more stringent laws on DUI. Ignition interlock regulations. Harsher penalties. However, the figures are still resistant.

Cultural factors play a role. So does rural geography. The lack of transport facilities makes people drive in times when they are not supposed to.

The family that I worked with had their son who was killed by an intoxicated driver in Albuquerque. The driver already had three DUI convictions. Three. And he was still on the road. The criminal justice system had failed that family.

Texas: Size Matters–And Not Good Ones.

Texas is enormous. The increase in number of roads increases the chances of accidents. Raw numbers however do not tell the whole story.

On the Lone Star State, the number of traffic deaths is the highest. The number of deaths in 2022 was more than 4,400– the highest in the country recorded in Texas. But on the ranking when population is taken into consideration, Texas scores a bit lower.

Nevertheless, there are some aspects of it:

• Excessive death rates due to speeding.
• Major distracted driving problems.
• Reduced seatbelt wearing in the countryside.

I have worked on Houston and Dallas cases. Congestion in the city produces fender-benders. But the rural highways? It is there that accidents that result in death occur.

Louisiana: A Storm of Problems to Perfection.

Louisiana is a blend of various threatening factors. High DUI rates. Poor road conditions. Aggressive driving culture.

There are also special legal considerations of the state. Louisiana is a civil law jurisdiction but not a common law one. This influences the manner in which the accident claims are managed.

Louisiana laws on comparative fault can cut down your compensation. When you are discovered 30 percent guilty, your damages are reduced by 30. The thresholds of other states are different.

Table of Comparison of States.

I would like to subdivide the major statistics:

The Legal Implications of Driving in High-Risk States

Poor drivers do not only lead to accidents. They form a legal mine field.

Higher Insurance Premiums

The insurance companies are not dumb. They are aware of the states that have more risk. The drivers in Montana pay a lot higher compared to those in Massachusetts.

The mean premium in Louisiana is more than 2,800 a year. That is compared to Maine at approximately 1100. Same coverage. Vastly different prices.

What are you worried about other than the price? After an accident, negotiations regarding insurance are inhumane. In high-risk states, companies compete more. They are aware of assertions that are common.

Difficulty in Recovery of Damages.

It is at this point that my legal experience will come in. In states, which have high uninsured rates, it is almost impossible to file complete damages.

It is possible to sue an uninsured driver. You can win a judgment. But collecting? Otherwise that is another tale.

One of my clients was in Arizona, where the verdict was against an uninsured motorist in the amount of 150,000 dollars. Know how much she collected? Zero. The driver had no assets. Filed bankruptcy. My client was standing with the bag in his hand.

Comparative and Contributory Negligence Problems.

Various fault systems exist in different states. This matters enormously.

Absolute Comparative Fault States:

It is possible to recover when you are 99 per cent at fault. The damages you incur simply diminish in proportion.

Adjusted Comparative Fault States:

You are only recoverable to an extent of less than 50 per cent (or 51 per cent) at fault.

Pure Contributory Negligence States:

You get nothing back when even 1-percent responsible. This is a draconian rule only in four states and the District of Columbia.

Guess what? Alabama, a state with low driving statistics, is a contributory negligence state. It takes one slip to demolish all your claims.

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Why Do Certain States Have Worse Drivers?

This question fascinates me. With years of experience, I have been able to spot several patterns.

Rural vs. Urban Dynamics

States with low population in the rural areas always perform poorly in fatality rates. Montana. Wyoming. Mississippi. All predominantly rural.

Why? Several reasons:

• Higher speeds on open roads
• More prolonged emergency response time.
• Less traffic enforcement
• More single-vehicle crashes

Fender-benders are more in urban areas. But the crashes in the country are fatal.

Enforcement and Penalties

In the states where the enforcement is lax, the violations are higher. It’s human nature. In case there is no consequence, behavior does not change.

There is also a significantly small number of highway patrol officers per mile in Montana compared to nearly all other states. New Mexico has been facing difficulty in financing the DUI enforcement projects.

In the meantime, there are such aggressive states as New York with enforcement of traffic. Cameras. Checkpoints. Heavy fines. The result? Reduced mortality rates despite massive population.

Cultural Attitudes

This is not controversial, but it is true. Certain areas have cultural orientations that promote risk driving.

“Everyone speeds here.” “One drink won’t hurt.” Seatbelts are not comfortable.

I have heard such words said by clients. So often following disastrous mishaps. Change of culture is a long process.

Economic Factors

There is a relationship between poverty and poor driving performance. And not because bad drivers are poor people. But because:

• Older, less safe vehicles
• Reduced exposure to driver education.
• Higher uninsured rates
• Worried road conditions in inadequately financed locations.

Mississippi is one of the poor states. It is also one of the least safe in terms of driving. Coincidence? I don’t think so.

The Safest States: What is Right?

Let’s flip the script. Certain states have managed to arrive at this.

Massachusetts: The Underdog State.

Massachusetts usually comes out as the safest state among drivers. Surprising, right? Boston traffic is legendary.

But here’s the thing. Massachusetts has:

• Strong traffic enforcement
• Bright emergency medical services.
• Tough insurance conditions.
• Extensive training of drivers.

The death rates are also among the lowest in the country. Fender-benders? Sure. Deaths? Relatively rare.

Rhode Island and Connecticut.

New England is usually well-performing. Population density implies low speeds. Good transport infrastructure decreases intoxication. Defensive driving skills are really learned by harsh winters.

Minnesota and the Upper Midwest.

Minnesota has good maintenance of roads in combination with moderate traffic code. The rates of fatality remain low even during harsh winters.

The Minnesota Nice culture of the state may even do good. Less aggressive driving. More courtesy on the road.

Recent Legal Developments Affecting Dangerous Driving

Legal environment continues to change. Here are key developments.

Tougher DUI Laws across the country.

All states have reduced the BAC to 0.08. Utah had gone even lower, to 0.05 percent in 2019. Other states will be observing whether this will save lives.

My prediction? The states will follow the example of Utah in the next ten years.

Laws on Distracted Driving.

Many states have already prohibited texting and driving. However, enforcement is all over the place.

Laws on hands-free are proliferating. Stricter restrictions were recently passed in Georgia, Texas, and Florida.

These laws matter. Drunk driving has become a close competitor of distracted driving in terms of deaths.

Self-driving car laws.

It is the wild west today. States are scrambling to control self-driving cars.

In Arizona and California, the rules of testing are relaxed. Other states are more conservative. With the spreading of autonomous vehicles, there will be significant legal disputes regarding liability.

Who bears the responsibility of the crash of a self-driving car? The owner? The manufacturer? The software developer?

These questions still remain unresolved in courts.

What To Do in a State With a Risky Causation.

Practical advice time. This is what I explain to all clients.

Document Everything

Photos. Witness information. Police reports. Medical records.

The insurance companies seek to get a reason to reject claims in the states where claims are high. Give them nothing.

Hire Local Counsel

There is a great difference in traffic laws. An attorney in Massachusetts will not be familiar with the civil law quirks in Louisiana. Find a person who practices in the place where you have gone wrong.

Maximize Your Insurance Coverage

This bears repeating. High uninsured states may only have your own policy as a source of recovery.

Underinsured/uninsured motorist cover. Medical payments coverage. These aren’t optional extras. They’re necessities.

Act Quickly

There is a variation of statutes of limitations. Louisiana provides one-year time in personal injury. Most states give two or three. There are situations which reduce these deadlines.

Don’t wait. Time kills cases.

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The Financial Toll of Bad Driving States

Let’s talk money. This is something that concerns everybody.

Average Accident Costs

The average accident of any injury costs between 50 thousand and 100 thousand dollars. Serious accidents? Easily into the millions.

Who pays? Insurance. Or uninsured drivers. Or victims themselves.

Economic Impact on States

The effects of bad driving do not only harm people. It damages state economies.

• Injuries and deaths incurred lost productivity.
• Higher healthcare costs
• Raised insurance rates throughout the state.
• Tourism has effects (this is not irrelevant).

The state of Louisiana is losing billions of dollars every year to traffic related expenses. Schools could be financed by those resources. Infrastructure. Healthcare.

The Insurance Death Spiral

This is what the insurers will not know to say publicly. Premiums increase when the number of accidents is too large. An increase in premiums drives marginal drivers up to uninsurance. The number of uninsured drivers increases the number of uncompensated claims. Which increases the premiums even more.

This is the cycle that some states are trapped in. It can only be broken with a systematic change.

Personal Observations From a Career in Traffic Law

Having processed hundreds of accident cases, there are some truths which are apparent.

The majority of Accidents can be avoided.

I would say that 90 per cent. of the accidents I have witnessed were entirely preventable. Speeding. Distraction. Impairment. Following too closely.

Simple defensive driving would avoid the majority of accidents. But people get complacent.

The Worst Injuries Come From “Minor” Accidents

Damage is unexpectedly high due to low-speed collisions. Whiplash does not care whether you were traveling at 15mph.

I have had clients who are disabled due to parking lots accidents. In the meantime, other high speed accidents lead to minor injuries.

Physics is weird. Do not suppose a mishap was a minor one.

Insurance Companies Are Not Your Friends.

I need to be blunt here. One of the things that insurance adjusters do is to carry out insurance. Minimize payouts.

They’re not evil. They’re just doing their jobs. Their interests are, however, opposite to yours.

This is the reason why it is important to have legal representation. In particular, in the states where aggressive insurance practices exist.

Future Trends in Driving Safety

What’s coming? There are some developments I am optimistic about.

Advanced Safety Technology

Automatic braking in the event of an emergency. Lane departure warnings. Blind spot monitoring.

These characteristics are taking the form of standard. They will save lives. Perhaps not the worst-ranking states today, but the generations to come will be benefited.

Infrastructure Investment

Infrastructure bill passed by the federal government consists of vast investments in road safety. The design of roads is better, avoiding accidents.

Roundabouts. Rumble strips. Improved lighting. These uninspiring enhancements are functional.

Changing Attitudes Among Young Drivers

Here’s an interesting trend. The younger generations are less driven. They choose rideshares and transportation.

The reduction in the number of young drivers will result in reduced inexperienced drivers in the road. This may alter the position of the states with time.

Good Opinion: We Not Doing Good Enough.

I’ll be direct. We, as a society, tolerate too many deaths on traffic.

Approximately 40,000 Americans are killed in road accidents every year. We’ve normalized this. We shouldn’t.

Had 40,000 persons been killed every year by any other cause preventable by us, we would call to account. But traffic deaths? Apparently, just a cost of doing business.

The worst -performing states should do more. Better enforcement. Stricter penalties. Improved infrastructure.

And even drivers must be responsible. Put down the phone. Slow down. Don’t drive impaired.

It’s not complicated. We just don’t prioritize it.

Conclusion: Knowledge Is Protection

It does not take dangerous driving states to be understood judicatively. It’s about protection.

Be careful in case you live in or travel through states that are in high risk. Maximize your insurance. Drive defensively. Know your legal rights.

And if the worst happens? Get qualified assistance with the law now. Such instances are too critical to be handled home-made.

The data is clear. There are states that are more risky than others. Nevertheless, personal decisions are most important. Always be the safe driver even when everyone has failed.

Frequently Asked Questions

Disclaimer: The article is just a general information and must not be discussed as a legal advice. Professional advice in your state will be necessary, seek the advice of a licensed attorney.