Setareh Law
January 25, 2025
Imagine you are driving along when, out of nowhere, a driver appears behind you. Of course, the driver behind you is speeding. When they try to pass you, they hit you, resulting in a serious motor vehicle accident. How do you prove that their speeding caused the accident? Why do you need to prove that speeding was the cause?
Understanding the Role of Speeding in Car Accidents
Speeding is a significant contributor to car accidents, often resulting in severe injuries and fatalities. When a driver exceeds the posted speed limit or drive too fast for the conditions, they put themselves and others at considerable risk. The consequences of speeding can be devastating, making it essential to understand its role in car accidents.
Speeding can lead to a loss of control, increased stopping distance, and reduced reaction time, making it more challenging to avoid a collision. Additionally, speeding can increase the severity of an accident, resulting in more severe injuries and extensive damage. In California, speeding is a leading cause of car accidents, underscoring the importance of adhering to speed limits and driving safely to prevent such incidents.
Importance of Proving Speeding in an Accident
If the other driver in an accident was speeding, it is crucial that you prove it because such proof of speeding would make the other driver responsible for the accident.
Proving fault in a speeding accident involves gathering evidence, such as traffic camera footage and witness statements, to demonstrate that the speeding driver was negligent. Experienced attorneys play a vital role in navigating the complexities involved in proving fault and securing compensation for accident victims.
When someone is speeding, there is less time to react to changes in traffic. In addition, speeding makes it take longer to stop than it would take if the driver was going the legal speed limit. All in all, speeding makes for more dangerous road conditions.
What to Do After a Car Accident with a Speeding Driver
If you find yourself involved in a car accident with a speeding driver, taking the right steps immediately can protect your health and your rights. First and foremost, seek immediate medical attention if you or anyone else is injured. Even if injuries seem minor, it’s crucial to get checked out to ensure that any potential injuries are diagnosed and treated promptly.
Next, document the accident scene thoroughly. Take photos of visible injuries, vehicle damage, and road conditions. Collect contact information from any witnesses and ensure that a police report is filed. Police reports can be invaluable when filing an insurance claim or pursuing a lawsuit. Keeping detailed records of the accident scene and evidence will be crucial in proving the speeding driver’s fault.
Factors to Help You Prove Speeding Caused an Accident
There are a few ways that can help you prove that speeding caused an accident, including the use of technology and the availability of existing evidence. Gathering evidence to prove speed is crucial, especially when another motorist is at fault for speeding.
Video Footage from Surveillance Cameras
Depending on where you are when the accident occurs, there may be video footage from surrounding buildings that can be submitted as evidence of the other party’s excessive speed.
Accident and Expert Witness Testimony
An accident witness is a person who was there when the accident occurred and saw it happen. Their testimony is crucial because they provide a different view of the accident than the drivers involved.
Expert witness testimony comes from an expert who has viewed all available data. They can give their professional opinion that a driver’s speeding based on the evidence.
Police Reports Are Essential
Any time there is damage due to an accident, you should call the police and have them file a report. A police report can be the difference between a case that wins and a case that loses. It provides crucial evidence to establish the responsibility of the at-fault driver, especially in cases involving speeding.
Dash Cams and Other Monitoring Devices
Most commercial vehicles utilize dash cams or other monitoring devices to ensure their drivers are conducting themselves safely. The data from such devices can be submitted as evidence, especially in cases involving a speeding motorist.
GPS data can be used to calculate speed by dividing the distance driven by how long it took to drive that distance.
All of the Damage Caused by the Accident
When a car is designed, the manufacturer determines how much damage it can take. Using this information and the amount of property damage caused by the accident can help determine how quickly someone was driving. In cases involving a driver speeding, demonstrating how the speeding driver breached their duty of care is crucial. This can establish negligence and causation in an accident case. Documenting evidence, such as police reports and witness statements, is essential to support claims related to a driver speeding.
How Spread Out Is the Debris
The harder a car is hit, the farther the debris flies. Accident reconstructors can determine how fast someone was going by the distance the debris was thrown. Speeding drivers often cause more extensive debris spread due to the higher impact force, making it crucial to hold them accountable for the damage and injuries they cause.
What Skid Marks Show
An accident reconstructor can look at skid marks and calculate how fast someone was driving when they applied the brakes based on the location and length of the skid marks. This information can be crucial when filing a personal injury claim, as it helps establish the speed of the vehicle and can support the victim’s case in demonstrating negligence.
Proving a Speeding Driver Exceeded the Posted Speed Limit
Proving that a speeding driver exceeded the posted speed limit can be challenging, but it is possible with the right evidence. Physical evidence, such as skid marks or damage to vehicles, can help establish the speed of the vehicles involved. Witness statements, video footage, and police reports can also provide valuable evidence.
In California, law enforcement officers may use radar guns or other speed-measuring devices to determine the speed of a vehicle. These readings can be used as evidence to prove that a driver was speeding. Additionally, accident reconstruction experts can analyze the physical evidence and provide professional opinions on the speed of the vehicles involved, further supporting your case.
Liability for Speeding Accidents
In California, a speeding driver can be held liable for damages resulting from a car accident. If a driver is found to be at fault for an accident, they may be responsible for paying damages to the accident victims. These damages can include medical expenses, lost wages, and pain and suffering.
To establish liability, it is essential to prove that the speeding driver was negligent. This can be done by showing that the driver breached their duty to drive safely and that this breach caused the accident. A police report can be helpful in establishing liability, as it may include information about the speeding driver’s actions and the circumstances surrounding the accident.
Seeking Compensation for a Speeding Accident
If you are injured in a car accident with a speeding driver, you may be entitled to seek compensation for your damages. In California, you have two years from the date of the accident to file a personal injury lawsuit. It is essential to consult with an experienced car accident attorney to discuss your options and determine the best course of action.
Your attorney can help you gather evidence, negotiate with the insurance company, and represent you in court. They can also help you understand the doctrine of comparative negligence, which may apply if you were partially at fault for the accident. By seeking compensation, you can hold the speeding driver accountable for their actions and receive the compensation you deserve for your injuries and damages.
Contact the Car Accident Experts at Setareh Law If You Have Been in an Accident
Accidents can happen to anybody at any time. However, it is important to protect yourself. The experts at Setareh Law can help reduce some of your burden and assist you in obtaining the compensation you deserve. Setareh Law can be contacted by calling (310) 659-1826 or filling out the contact form here.
