How Speeding Affects Liability in Car Accident Claims

How fault is determined in a car accident is a key part of what happens once the debris has been cleared away and insurance companies have been called. Of course, as with all things involving hurt people and the potential for a lot of money, it can be messy. Speeding can significantly affect liability in car accident claims, often putting more responsibility on the party that was speeding.

Proving Speeding

In order for speeding to affect liability, it first has to be proven to have taken place. Proof can include:

Eyewitnesses

Witnesses to an accident can provide some insight into the speed of cars, though this won’t be a precise measurement, of course.

Police Report

The police report for an accident also often provides only a vague frame for the speed of cars involved, but if an officer was witness to an accident, they may be able to provide hard data.

Surveillance Footage

When there are no witnesses to an accident, traffic cameras or surveillance footage from nearby businesses can help to establish the speed of vehicles. This evidence can be helpful because it documents driver reaction time and stopping distance, which are both factors heavily influenced by the speed of the vehicle.

Accident Reconstruction

Accident reconstruction specialists are often used by insurance companies in establishing what happened in accidents, and calculating the speed of vehicles is part of that. By analyzing skid marks, damage to the vehicles and surroundings, and other factors, these experts can help establish how fast each driver was going at the time of the collision.

Effects of Speeding on Claims

As expected, speeding can have a large impact on the process of establishing fault, and thus, navigating claims.

Increase Liability

As stated above, a speeding driver is much more likely to be found liable for the accident.

Penalties

Outside of establishing liability, drivers responsible for speeding will also be penalized with fines and possibly criminal charges. They will also likely suffer points on their license, affecting their insurance and maybe leading to suspension of their license.

Establishing Fault

Speeding can sometimes be a strong piece of evidence in establishing fault for accidents. Speeding can also be categorized as negligence. If a driver can be proven as reckless in the handling of their vehicle, further blame can be assigned to them.

The Impact of Speeding on Liability

Speed limits seem obvious to drivers now, but they were put in place for specific reasons–many of which impact the probability and severity of accidents.

Reaction Time

Speeding dampens a human’s ability to react quickly. Fast response time is necessary to avoiding accidents, and that’s heavily mitigated the faster a driver is going.

Force of Impact

The faster something is going, the more force it will apply when it collides with another object. In the world of car accidents, this means that more damage will be done across the board. This applies to the driver’s vehicle, other vehicles present, and property nearby.

Stopping Distance

The faster a driver is going, the longer it takes for their vehicle to stop. This means that even if they react and see a change in driving conditions or the placement of vehicles around them, they might not be physically able to stop before a collision.

Slow and Steady

Speeding can quickly make a bad situation worse. Driving slowly and safely allows for more reaction time, less impact, and more time to stop in the case of an unavoidable collision. With Gage Mathers on your team after an accident, you know you’re not alone and that any liability for speeding will fall on the driver at fault.

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About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 23 years
Bar number: 020421
Location: Phoenix, AZ
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