Approximately 10% of traffic accidents involve speeding. Speeding is a factor in nearly one-third of motor vehicle deaths.
Most people speed, and most people know it’s dangerous. Speeding-related accidents can cause severe, life-changing injury and death.
Bobby Jones Law discusses catastrophic car accidents caused by speeding and what you need to know.
Five Things To Know About Car Accidents Caused by Speeding
1. Speeding can make a car accident more likely or more serious
There are two ways that speeding can be a factor in a catastrophic car accident. First, it can make a car accident more likely to occur. At lower speeds, drivers are better able to take evasive action. They may have had more time to notice a hazard. Speeding may result in an accident that could have been avoided with more stopping time and more time to react.
In addition, speeding can make car accidents more serious. When impact occurs at 50 miles per hour, for example, catastrophic injuries may occur that would not have occurred if impact was at 35 miles per hour. At lower speeds, injuries may be mild or moderate.
2. Fault for an accident can be based on speeding
Speeding can make a party at fault for a car accident. It can create legal liability. Speeding is an example of negligent behavior—a reasonable person doesn’t speed. Violating a speed limit or driving too fast for conditions are ways a person can be at fault and liable to pay compensation.
3. There may be multiple causes of fault
Sometimes, speeding is the only cause of an accident. Other times, it’s a contributing factor.
For example, someone may have pulled out in front of oncoming traffic. However, they may not have been able to measure the distance of the oncoming vehicle correctly because that vehicle was speeding.
South Carolina uses a system of modified comparative fault for car accident liability, meaning fault may be shared. Even if a victim shares some blame for what happened, they may still recover damages. South Carolina evaluates the actions of the plaintiff and whether they were 51% or more at fault. Compensation may be reduced, but if the plaintiff is 50% or less at fault for the accident, they may still receive a compensation award. Other states use different metrics.
4. A victim must prove their right to compensation
A person claiming compensation for a catastrophic car accident caused by speeding must prove their case. They must show how the other person caused the accident and what they deserve in compensation. Catastrophic injury claims are often contested because of the large dollar amounts involved.
5. Most car accident claims do not have compensatory damages caps
Most car accident claims do not have a compensatory damages cap. When injuries are catastrophic, the victim may claim the full amount of their losses. A monetary award may include economic and non-economic damages. In speeding accidents causing catastrophic injury, these damages are often significant.
There may be limitations if the claim involves the South Carolina Tort Claims Act.
Seeking sources of compensation can be an important part of your case. Your attorney can help you explore insurance policies and other ways to collect damages.
Why Speeding Increases the Risk of Catastrophic Accidents
Speeding:
- Reduces reaction time
- Lowers the ability to process information
- Makes it harder to judge how far away a vehicle is
- Increases the time and space needed to come to a stop
- Can change the balance of a vehicle load
- Makes a vehicle more sensitive to road and weather conditions
- Lowers the ability to control a vehicle
- Impairs the natural flow of traffic
- Produces more energy to absorb in a crash
Even slightly elevated speeds can be devastating for pedestrians and bicyclists.
Speed increases the crash rate and can produce catastrophic injury.
Common Injuries Resulting from High-Speed Collisions
- Paralysis, spinal cord injury, nerve damage
- Brain damage, concussion, skull fracture
- Amputation
- Broken bones, dislocations
- Long-term fatigue, post-concussion syndrome
- Eye injuries, including corneal abrasions and orbital fracture
- Mobility impairment
- Post-traumatic stress, mental health injury
- Wrongful death
Proving Negligence in a Speeding-Related Car Accident
Compensation for catastrophic injury from a speeding car accident begins with proving negligence. That is, proving another person or party created an unreasonable danger.
Ways you may prove negligence in a speeding car accident include:
- Crash dynamics. Because of the location of impact, vehicle damage, skid marks, and other known facts, it must be that the other party was speeding.
- Vehicle data. A data recorder may show evidence of speeding.
- Testimony. The other party may admit it, or a witness may testify that the other party was speeding.
- Video surveillance. A vehicle dash cam or nearby stationary camera may show speeding.
- GPS data. Such data may show driver movements before the crash.
- Speed limit. Speeding may be shown by a violation of the posted speed limit.
- Road conditions. Going too fast for road conditions like weather, road deterioration, and traffic may amount to speeding.
Traffic cameras and witnesses may be important. There may be one key piece of evidence, or you may rely on a combination of evidence to prove the right to compensation.
Calculating Damages in Catastrophic Speeding Accidents
Damages in a catastrophic speeding accident may include:
- Economic and non-economic losses
- Medical bills, lost wages, replacement household services, and property damage
- Future medical expenses
- Personal care needs, including in-home care or a group home
- Physical therapy, occupational therapy
- Pain and suffering, and emotional anguish that reflect the life-changing nature of a catastrophic injury
When a person’s life will never be the same, they should receive financial compensation that reflects it. At your consultation, we can discuss what your case may be worth. Speeding may impact an insurance settlement for a catastrophic car accident.
Contact an Experienced Car Accident Lawyer
If you or a loved one has been in a catastrophic car accident caused by speeding, we are truly sorry. Bobby Jones Law handles car accident cases where speeding is a factor.
