Speeding is one of many types of high-risk behaviors that drivers engage in that can risk accidents. Speeding-related car accidents made up 11,258 of the 38,824 fatal collisions that occurred in 2020. That’s 29%, or 30 deaths daily as a result of motorists driving too fast. While it’s not a majority of accidents, this still makes up a significant number of deadly accidents. There are even more non-fatal car accidents caused by speeding.
If you or a loved one has been injured, or worse, in a car accident caused by speeding, it’s important to prove that the other driver was speeding. Demonstrating that the other driver was speeding can help to show that they were at fault for the accident, securing you the compensation that you deserve. Fortunately, your Farah & Farah attorney can help you with this process.
Why Is Proving the Other Driver Was Speeding So Important?
Florida is a comparative negligence state. This means that if you’re held 50% or more responsible for the accident, you would be ineligible for any compensation. If you’re 49% or less liable for the accident, then you can still recover damages, but it would be reduced by the percentage that you’re considered at fault. This makes proving that the other driver caused a speeding car accident much more important.
Ways To Prove Someone Was Speeding in an Accident
If a speeding driver hit your car, there are a number of methods you and your car accident attorney can use to prove that they were at fault for the accident.
Gathering Evidence at the Scene of the Car Accident
If you’ve been involved in a collision, collecting evidence immediately (if you’re not too injured to do so) can help support your claim. Photographic evidence can go a long way. Here’s what to look for:
Skid Marks and Road Conditions
Skid marks can indicate that the driver attempted to stop suddenly, often suggesting they were traveling at a high speed. The absence of skid marks could indicate that the driver was speeding and didn’t have time to brake.
Damage to the Vehicles
Extensive damage to your vehicle or the other driver’s vehicle can signal excessive speed. High-speed collisions generally result in more severe damage.
Debris and Impact Points
The distance and spread of debris from the collision can indicate the force of the impact, which may be linked to speed. Points of impact on the vehicles can also provide clues about the speeds involved.
Witness Statements
Eyewitnesses can confirm whether the other driver appeared to be speeding before the collision. Their testimony may include observations about the driver’s behavior, such as weaving through traffic or driving aggressively.
Using Police Reports
A police report is one of the most critical pieces of evidence in proving a speeding driver caused a collision. Officers at the scene will document witness statements (which may mention speeding), their observations of the scene (including skid marks, damage, and more), and, if applicable, any citations issued to the other driver for speeding. Request a copy of the police report as soon as it becomes available, as it can significantly strengthen your case.
Utilizing Traffic and Dash Cameras
Traffic and dash cameras can provide concrete evidence of speeding. Footage may show:
- The speed at which the other driver was traveling
- Erratic or reckless behavior leading up to the collision
- Traffic signals or signs the speeding driver ignored
If there were cameras nearby, request access to the footage. This evidence can be pivotal in proving the driver’s negligence.
Expert Accident Reconstruction
Accident reconstruction experts can analyze the collision to determine whether speed was a contributing factor. They use evidence from the scene, such as vehicle damage, skid marks and debris, measurements of the road, distances traveled post-impact, and more. These experts can create a detailed report or visual model of the accident, explaining how speed influenced the outcome. Their analysis is particularly useful in disputes or court cases.
Farah & Farah works closely with expert accident reconstructionists in order to prove that our clients weren’t at fault for the car accidents that changed their lives.
Leveraging Technology in Modern Vehicles
Many modern vehicles are equipped with event data recorders (EDRs), often referred to as “black boxes.” These devices record data such as:
- The vehicle’s speed at the time of the accident
- Braking patterns
- Sudden acceleration or deceleration
An attorney can help you obtain this data from the at-fault driver’s vehicle, which can serve as compelling evidence of speeding.
Obtaining Testimony From Witnesses
In addition to eyewitnesses at the scene, consider gathering statements from people living nearby who may have witnessed the accident. Other drivers who were on the road at the same time may also have noticed the driver who hit you speeding.
Working With an Experienced Car Accident Attorney
Proving a speeding driver caused a collision can be legally and technically complex. An experienced personal injury attorney can:
- Investigate the accident thoroughly
- Subpoena traffic or dash camera footage
- Work with accident reconstruction experts
- Handle negotiations with insurance companies
A car accident attorney will ensure you have the strongest possible case, helping you focus on recovery while they handle the legal aspects.
Farah & Farah Is With You Every Step of the Way
If you’ve been in a car accident, whether it was caused by a speeding driver or another type of negligence on the road, Farah & Farah is here for you. We’ll take care of all of the legal aspects of your case so you can focus on your recovery. Speeding-related car accidents can cause injuries, and your health is the most important thing. We’re here to talk to the insurance company and fight for the compensation you deserve. Contact us today for a free consultation; you won’t have to pay a thing unless your case is successful.
