Accident Driver Accused of Having Sex at 85mph Drunk was speeding, having sex, and partly in backseat, lawsuit claims By Rob Quinn, Newser Staff Posted Jun 17, 2011 4:12 AM CDT 7 comments Comments "At the time of the accident, defendant was partially or totally in the backseat of the car," the lawsuit states. (Shutterstock) (Newser) – A driver who crashed into a taxi on Washington's Beltway last year was having one hell of a 21st birthday, according to a court case that caught the eye of the Washington Post. A lawsuit filed by the driver of the taxi states that at the time of the collision, the defendant was drunk, going 85mph, having sex with a woman, and "was partially or totally in the backseat of the car." The driver, who was on his way home from a birthday party in Baltimore, was convicted of drunk driving, although he now claims somebody else was driving. The taxi driver is seeking damages, and the case will go to trial next week. "Having sex at 85 miles per hour while drunk on a freeway is willful and wanton negligence," his lawyer argues.