How Does Speed Affect Liability in a Car Accident Case?
Speed limits allow for the safe and efficient flow of traffic. When motorists ignore the speed limit, they could lose control of their vehicle, be unable to maintain a safe distance between other vehicles, or otherwise cause a severe or fatal injury accident.
The Role of Speeding in Fault for a Car Crash
Exceeding the speed limit or driving too fast for conditions puts drivers and passengers in other vehicles at risk of serious injuries. In just one recent year, 9,478 people died in accidents involving speeding in the U.S. Speeding is reckless behavior that increases the chance of a catastrophic collision.
When a motorist chooses to speed, they put others at risk. Most people are aware of the consequences of driving over the speed limit, which may include:
- Having less time to react to hazards
- Needing more time to stop if traffic suddenly comes to a halt
- Losing control of the vehicle, such as when taking a turn too fast
- Increasing the force of impact in a collision
To show that a driver was at fault for a crash, you need to prove they were negligent or failed to take reasonable care to avoid injuring others. Speeding is a clear form of negligence. The negligent driver likely never would have injured you if they opted to drive safely to prevent an accident.
How Do I Prove the Other Driver Was Speeding?
Investigating the car accident to gather evidence to help show the other party was at fault is crucial for building a claim for compensation. Different types of evidence could be used to help establish the other driver was speeding, such as:
- An accident report if the police investigated the collision
- Witness statements
- Data from the electronic data recorder (EDR), which are included in many newer vehicles
- Evidence from the crash scene, such as skid marks
- The extent of the vehicle damage
- Opinions from expert witnesses, such as vehicle reconstruction specialists
- Video from dashcams, traffic light cameras, or surveillance footage
The more relevant evidence you have, the better your chance of recovering the full compensation you deserve.
Impact of Speeding on the Value of a Personal Injury Claim
The value of a case depends on various factors, including the severity of the injuries, the duration of the recovery period, and the value of losses suffered in the form of medical costs, lost earnings, pain and suffering, and more. The higher a person’s losses, the more likely they can pursue higher compensation.
Victims often sustain debilitating injuries requiring hospitalization, physical therapy, surgery, and other extensive treatment when a car wreck involves speeding. If you spend months or years going to doctors’ appointments, those bills can add up.
How Does Speeding Affect the Chances to Recover Compensation?
North Carolina is a “fault” state when it comes to car accidents. That means the negligent driver becomes financially responsible for the victim’s losses. When there is clear evidence that another driver was speeding and directly caused your injury in an accident, you can seek the maximum compensation available.
However, you could end up without the money you need to pay for your medical treatment, property damage, and other costs if your actions contributed to the accident in any way. Contributory negligence in North Carolina prohibits injured victims from recovering compensation for their losses if they share even one percent of the fault for their injury. That’s one reason why it’s so important to have an experienced lawyer on your side to help protect your rights.
Contact a Car Accident Lawyer Today
If you suffered injuries in a car accident with a speeding driver, do not hesitate to contact Ward Black Law for help. We fight for people who’ve been hurt by careless or reckless drivers, and we’ll be ready to fight for you.
Call or text us today at (336) 333-2244 or contact us online for a free case review to discuss your rights and legal options.