July 26, 2024 Car accidents can happen for a number of reasons, but one of the most prevalent and deadly causes of motor vehicle accidents is speeding. Despite numerous campaigns and stringent enforcement measures, drivers continue to exceed speed limits, often with disastrous consequences.
The Impact of Speeding on Car Accidents
Speeding significantly increases both the likelihood and severity of car accidents. The relationship between speed and accident risk is exponential; a small increase in speed can lead to a disproportionately large increase in crash risk. Here’s how speeding impacts different aspects of car accidents:
- Reaction Time: Higher speeds reduce the amount of time a driver has to react to unexpected hazards. For instance, at 60 mph, a driver travels 88 feet per second. A split-second delay in reaction time can mean the difference between a near miss and a catastrophic collision.
- Stopping Distance: The distance required to stop a vehicle increases exponentially with speed. At 60 mph, the stopping distance is significantly longer than at 30 mph, making it harder to avoid obstacles or other vehicles.
- Crash Severity: The force of impact in a crash increases with the square of the speed. This means that a collision at 60 mph is not just twice as severe as one at 30 mph, but four times as severe. Higher speeds lead to more severe injuries and a higher likelihood of fatalities.
- Control and Stability: At higher speeds, vehicles are more difficult to control and are more susceptible to losing stability. This is particularly true in adverse conditions such as wet or icy roads, where the risk of skidding and losing control is heightened.
How Speeding Affects Car Accident Claims
When it comes to car accident claims, the presence of speeding can have an effect on who is found to be at fault for the accident, and the amount of compensation that can be recovered.
If The Defendant Was Speeding: If you were injured in a car accident and you claim that the other party’s speeding was a direct cause for the accident, you must be able to provide evidence to the insurance company or the court.
If You Were Speeding: If you were the one speeding and caused the accident, you are still eligible to recover damages for your injuries. All New York drivers are required to carry no-fault insurance, which covers the cost of your medical expenses and lost wages up to $50,000.
If Both Parties Were Speeding/Acting Negligently: New York also operates under what is called “comparative fault” law. This means that if you were in an accident where you were found to be partially at fault for speeding or anything else, you can still collect damages less the percentage you’re found at fault.
For example: You were traveling over the speed limit, but the defendant made a left-hand turn in front of you causing a t-bone accident. The defendant could argue that to a certain extent, your speeding caused the accident. If the insurance company finds you to be 20% at fault for the accident, you can recover damages less 20%. So let’s say you’re able to recover a maximum of $150,000 in damages, you would receive $120,000.
Proving Speeding Occurred in A Car Accident
One of most important aspects of car accident claims involving speeding is proving that the at-fault driver was indeed exceeding the speed limit. Several pieces of evidence can support your claim:
- Police Report: Police responding to the accident will file a police report. This report will act as an unbiased piece of evidence that will include both parties’ information, a diagram of the accident, the responding officer’s comments, and any other information pertinent to the accident.
- Witness Testimonies: Eyewitnesses can provide invaluable accounts of the events leading up to the accident. They might testify about the speed of the vehicles involved based on their observations.
- Surveillance Footage: Traffic cameras, nearby commercial establishments’ security cameras, and dashcams can capture footage of the accident, providing clear evidence of speeding.
- Accident Reconstructionists: In some cases, experts in accident reconstruction may be hired to analyze the scene, vehicle damage, and other factors to determine the speed at which the vehicles were traveling.
Steps to Take After a Speeding-Related Car Accident
If you find yourself involved in a car accident where speeding was a contributing, taking the following steps can significantly influence the outcome of your claim:
- Get a Police Report: After the accident, make sure you’re pulled over to a safe location and call 911 to request a police officer respond to the scene. The officer will create a police report that will include pertinent information about the accident, parties involved, and any traffic violations. This document can serve as an important piece of evidence when filing a personal injury claim.
- Seek Medical Attention: Seek immediate medical attention, even if you believe your injuries are minor. Some injuries may not be immediately apparent after an accident, but can worsen over time. Continue to seek care as recommended by your physician.
- Document the Scene: If possible, take photographs and make notes of the accident scene. Capture skid marks, vehicle damage, and any relevant road signs or signals.
- Obtain Witness Information: Gather contact information from any witnesses who can provide statements about the accident. Their testimonies can be invaluable in proving speeding.
- Notify Your Insurance Company: Report the accident to your insurer promptly. Provide them with accurate and detailed information about the incident.
- Call A Personal Injury Lawyer: Engaging an experienced car accident attorney can significantly enhance your chances of a favorable outcome. They can handle communication with insurance companies, gather evidence, and build a compelling case on your behalf.
Do You Need A Personal Injury Lawyer After A Speeding-Related Accident?
When speeding plays a pivotal role in how the accident and your resulting injuries occurred, proving their negligence is crucial in recovering compensation. A personal injury lawyer can provide valuable assistance if you’ve been hurt in a speeding-related accident.
- Investigating the Accident: Your personal injury attorney will have the resources and experience necessary to conduct a thorough investigation on your behalf. They can work to gather necessary evidence, interview eyewitnesses, and work with accident reconstruction experts to build a strong case.
- Providing Legal Guidance: The claims process can be overwhelming, especially when dealing with injuries and recovery. An attorney provides guidance, answers your questions, and ensures that you are well-informed at every step of the process.
- Negotiating with Insurers: Insurance companies often aim to minimize payouts. A reputable attorney has the skills to negotiate on your behalf, advocating for fair compensation that covers the full extent of your damages.
- Representation In Court: If negotiations with insurers do not yield satisfactory results, your attorney may recommend taking your case to trial. Your attorney will represent you through the pre-trial phases, and act as your counsel if the case does make it all the way to the courtroom.
By leveraging the knowledge and assets of a personal injury attorney, you can significantly increase your chances of securing a fair settlement after a speeding-related accident.
Contact Cellino Law
Speeding not only endangers lives but also can add another level of liability to your car accident claim. If you or a loved one has been involved in an accident where speeding was involved, understanding how to navigate the claims process is important. At Cellino Law, we understand the challenges car accident victims face and are dedicated to help you receive the compensation you deserve for your injuries. Our experienced attorneys are here to help you through every step of the legal process. Contact Cellino Law today at 888-888-8888 to discuss your case and explore your legal options.
Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.