Why Do People Speed?
People will drive over the speed limit for a number of different reasons. For instance, they could be running late to work and are trying to make up time behind the wheel. A driver could simply have the proverbial “heavy foot” and have a natural tendency to speed. Alternatively, they could be an aggressive driver and speed as a way of acting out these tendencies. Whatever the justification, speeding is dangerous not only for the driver who is doing it, but also for everyone else on the road.
The Effects of Speeding
When drivers speed, there are a number of harmful effects that can cause accidents. Here are some of them:
- Drivers may not be able to break and stop in time if there is something in front of them.
- There is an increased chance that the driver will lose control over their vehicle.
- Automobile crashes will be worse when a driver is traveling at a high rate of speed.
How Speeding Impacts Liability
The court will determine liability based on whether or not the driver was negligent. The shorthand and more formal way to state this test is whether the driver owed a duty of care to another driver and acted unreasonably in a manner that caused their injuries. Following the speed limit is part of what a reasonable driver would do and speeding is a direct violation of the law that displays negligence. In other words, it is unreasonable to speed. Evidence that a driver is speeding is generally enough to have a sizable impact on the liability of a defendant. However, as you will see below, this is not the end of the inquiry.
Is Liability a Guarantee?
It is not always assured that the driver who is speeding will be found liable for the accident. This is because there are contributory or comparative negligence laws that vary by state. There are very few states that rely upon the doctrine of contributory negligence. What this doctrine states is that a driver whose own negligent actions contribute to the accident in any way cannot recover for their damages. Other states use some form of the comparative negligence doctrine. This means that a driver who is more than 50 percent responsible for the accident cannot recover. The state of Georgia follows comparative negligence and so drivers have a better chance of being awarded compensation in a car accident lawsuit.
Here are some situations that can keep you from recovering damages even if the other driver was speeding:
- You were not wearing a seatbelt.
- You were also speeding.
- You were breaking a different traffic law.
How to Prove That the Other Driver was Speeding
The easiest way to prove that the other driver was speeding at the time of the accident is if they received a speeding ticket from a police officer. Of course, the best way to help prove this is to call a police officer to the scene of the accident to take an accident report. Even if this does not happen, it does not necessarily end your chances of recovering. It is crucial to obtain witness testimony to your accident. Other drivers or passersby who are within the vicinity would generally be able to tell if the other driver was speeding. Establishing credible witness testimony is a way to prove your side of the story. In some cases, it is even possible to tell from the severity of the car damage whether or not a negligent driver was speeding. Finally, you can hire an accident reconstruction expert in order to recreate the accident.
There are many cases where proving that a defendant was speeding is difficult. Hiring a car accident lawyer to help prepare your lawsuit will increase your chances of winning your case. An accident attorney has the skills and experience needed to collect evidence and build a strong case to prove the defendant driver was speeding. There may even be more negligence involved besides just speeding that a lawyer can help you sue for. To find out how to win a speeding accident lawsuit, contact an attorney today.
What Can Be Part of the Settlement or Jury Verdict?
When you have been injured in a speeding accident, you are entitled to collect the full amount of the damages that you suffered. In other words, the settlement should put you in the same position as if you never had the accident. Unfortunately, many insurance companies try to make sure that you do not collect the full value of your claim, forcing you to sue in court. In any event, here is what you should expect to recover after a speeding accident.
- Any property damage that you have suffered in the accident
- Pain and suffering
- The cost of your medical bills minus any reimbursement for what the insurance company paid
- Lost wages for the time that you have missed from work and for any inability to work in the future
- Loss of consortium for your spouse
Why You Need an Attorney
Car accidents where speeding is involved will usually have more damages and a higher likelihood of injury. The faster a car is going, the worse a crash usually is. When that happens, you will be hard-pressed to know what your case is worth, let alone to deal with the insurance company that is trying to preserve their profits at the expense of your settlement. The attorneys at The Eichholz Law Firm are seasoned experts when it comes to helping their clients who have been involved in speeding accidents recover damages for their injuries. We can help you prove that the other driver was speeding and will then fight hard on your behalf either with the insurance company or in court. Contact us today to find out how we can help you if you have suffered damage or injury in a speeding accident.
Call 855-551-1019 or fill out an online form for a free case consultation.