You’re cruising down the highway and don’t see any police around, so you push the pedal to the metal. You’re doing ten over the speed limit when suddenly, a car seemingly appears out of nowhere, and you crash. You may not always think about how driving even slightly over the speed limit can affect your case if you’re involved in an accident. Regarding legal claims and determining who’s at fault, speeding can quickly complicate things.
This blog closely examines how speeding can influence your liability and insurance claims. Before you find yourself in a car accident—consider the following information.
How Does Speeding Affect Liability?
In most cases, if someone is involved in an accident while traveling over the speed limit, they are more likely to be found at fault. Speeding is seen as negligence that increases the risk of losing control of the vehicle, having slower reaction times, and causing more severe accidents. This negligence can be attributed to liability in a crash.
The faster a vehicle moves, the less time the driver has to react to unexpected changes on the road, like a pedestrian crossing or a car braking suddenly. A slower reaction puts the speeder and everyone else on the road at risk. In personal injury cases, proving that someone was speeding during the accident can significantly strengthen your claim that they were liable.
Can Speeding Impact My Insurance Claim?
Yes, speeding can directly impact your insurance claim, whether you were the one speeding or the victim of someone else’s speeding. If you were speeding when the accident, your insurance company may reduce the amount they will pay on your claim, even if you were not entirely at fault. Insurance companies assess fault and may hold you partially responsible for the damages.
If you were the victim of a speeding driver, you have a stronger case for receiving total compensation for your injuries and damages. Proving that the other driver was speeding can show that they were acting negligently, which typically leads to higher settlement offers or court awards.
How Is Speeding Proven in a Car Accident Case?
There are various methods to prove speeding during a car accident investigation. Here are some standard ways that an analysis may prove:
- Witness statements: People who saw the accident, including passengers and pedestrians, can provide testimony about whether a car was speeding.
- Traffic cameras: Many intersections and highways capture video of accidents, which can show if a vehicle is moving too fast.
- Skid marks and vehicle damage: Accident reconstruction experts can analyze the accident scene, including skid marks and the extent of vehicle damage, to estimate a car’s speed.
- Black box data: Most modern vehicles are equipped with an event data recorder (EDR), a “black box,” which captures information about speed and braking immediately before a collision.
Insurance companies and legal teams can use this evidence to establish the speed of the cars and who was at fault for the accident.
Steps to Take After a Speeding-Related Accident
If you were involved in an accident where speeding was a factor, taking the proper steps afterward can support your claim. These actions can ensure that evidence is preserved and that your legal rights are protected:
- Call the police: A police report can document the scene and any evidence that may support a speeding claim.
- Gather witness information: If anyone saw the accident, get their contact details and ask them to provide a statement.
- Take photos: Document the scene, the vehicles, and the injuries you or your passengers sustained.
- Seek medical attention: Even if you don’t feel injured immediately, some symptoms can appear later, so seeing a doctor is essential.
- Contact your insurance company: Report the accident as soon as possible, but avoid admitting fault when describing the accident.
These steps ensure the best chance of receiving a fair compensation if you pursue a claim.
How Do Speeding Laws Affect Claims?
Speeding laws vary between states, and breaking these laws can have different consequences depending on where you are. For instance, some states have “absolute speed limit” laws, meaning that if you drive over that limit, you’re automatically at fault in any accident that occurs due to speeding.
Other states have different laws, such as California’s “basic speeding” laws, which adjust speed limits based on weather or road conditions. If you are found to have violated a speed limit significantly, you may face even harsher penalties, including higher insurance premiums and reduced claim payouts.
Drive Carefully, Stay Safe
Speeding may seem like a minor traffic violation, but its consequences can be far-reaching. Drivers can make more informed decisions on the road if they understand the ramifications that follow speeding.
Reducing your speed can lower your risk of accidents, protect others, and ensure that, if the worst happens, you aren’t left bearing more responsibility than you should. Contact our attorneys if you have been in a car accident that involved speeding.
