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  • How Can I Prove My Car Accident Was Caused by a Speeder

    How Can I Prove My Car Accident Was Caused by a Speeder

Are you unrepresented and finding it challenging to prove speeding by the other motorist who caused your car accident? Regrettably, numerous drivers in Los Angeles County are aware that other drivers violating the speed limit are exceedingly common. Although the posted speed limit is intended to convey a reasonable rate of speed, your exact speed is supposed to be based on what is safe for particular driving conditions. For example, bad weather and other drivers engaged in aggressive driving may call for you to slow down to avoid a challenging collision with a speeding motorist, even though another driver was speeding.

Drivers of commercial vehicles can lose their livelihoods if they are found liable or issued citations for traffic violations, as most common carriers are insured based on collision ratings. So, obtaining physical evidence to prove speed is paramount to leveling the playing field. Everything you do within 4 hours of the crash can make or break your car accident claim. So take heed and don’t sleep on your rights!

Speeding Hurts Others

Irrespective of the level of proficiency of a person’s driving skills, surpassing speed limits constitutes a constraint for all individuals utilizing the road as well as law enforcement officers who regularly write speeding drivers a traffic citation. Some rogue officers assume they can ignore the law while working and speed, even when there is no emergency.

Cop or civilian, the accident scene can be chaotic. Unless the speeding driver is identified or engages in a hit-and-run, accident victims could get stuck relying on Uninsured or Underinsured Motorist insurance protection if they are lucky enough to have that. Even if you had UM/UIM, the insurance company might deny coverage if you took evasive action and there was no contact or some proof of paint transfer with reckless driving of the defendant’s car.

Even if the other driver has coverage, the other driver’s insurance company may fight you or not have enough coverage to recover compensation for your past, present, and future losses and pain and suffering. Either way, proving fault is the purview of an experienced lawyer. Proving speeding caused your car accident is what we do best, and you can call our highly professional Los Angeles speeding accident attorneys anytime, 24/7, at (213) 596-9642. Proving negligence and determining fault is what our superior car accident lawyers do, and we don’t take a fee unless we win your case.

The Impact of a Speeding Driver on Injury Claims?

Speeding contributes to many unfortunate car crashes. Because of this, you have to understand how an at-fault driver can increase the risk of severe injuries when they put the pedal to the metal. While the connection between speeding and crashes is well-established, the absence of a reliable prevention method remains a concern.

In any personal injury claim resulting from a car accident, the burden of proof rests with the victim. To win such a claim, the victim has to show the other driver was speeding or acted negligently, thereby contributing to the accident. Crash scene evidence is vital, which is another reason why the police accident report comes in handy later with your traffic accident reconstruction expert witness, etc.

How Often is Speed a Factor in U.S. Crashes?

Speed has been a substantial factor in United States motor vehicle crashes since speeding plays a pivotal role in causing the vast majority of road accidents. According to the National Highway Traffic Safety Administration (NHTSA), approximately 25% of all road fatalities during the first half of 2018 were linked to excessive speed. Also, the National Safety Council reports that speeding caused a staggering 29% of all traffic fatalities in the U.S., which is crazy.

In fact, 11,258 fatalities happened during this period, translating to an alarming average of 30 daily deaths attributed to speeding-related accidents.

Exceeding the speed limit poses significant dangers to all road users due to the following reasons:

  1. Extended Stopping Distance: Speeding prolongs the measurement distance a vehicle needs to come to a complete stop. This reduces the at-fault driver’s ability to react in emergencies.
  2. Impaired Maneuverability: Speeding diminishes a motorist’s capacity to navigate obstacles on the road or maneuver safely around other vehicles, increasing the risk of collisions.
  3. Loss of Control: Higher speeds increase the likelihood of losing control of the vehicle, particularly in adverse weather conditions or on slippery surfaces driven by motorists.
  4. More significant Collision Impact: Speeding amplifies the severity of impact in the event of a collision, leading to more substantial damage to vehicles and potentially life-threatening injuries.
  5. Higher Injury Severity: Speeding is dangerous and can significantly increase the likelihood of more serious injuries to the driver and passengers involved in a crash.
  6. Multi-Vehicle Involvement: Speeding raises the probability of multi-vehicle accidents involving not only other cars but also cyclists and pedestrians, who are at higher risk when struck by a speeding vehicle. It can create an impossible situation at intersections, leading to life loss.

Road safety depends on responsible and lawful driving speeds. When you sustain injuries due to another driver’s speeding, your legal claim should center on establishing that your injuries result from the actions of a third party. In accordance with the laws of the State of California, the determination of the defendant’s fault or liability is based on the principles of negligence.

An Uber driver or taxi driver will be held to a higher standard than their passengers since they are a common carrier of passengers for hire.

Role of Evidence

As mentioned, evidence plays a crucial role in determining liability. This includes accident reports, photographs of the scene and damages, and eyewitness accounts to prove up your case to a court or adjuster. It’s important to consult with legal professionals to assess the viability of a lawsuit in your specific case. Proving that speed contributed to a crash requires specific evidence to establish negligence.

Here are key pieces of evidence that can help demonstrate that speeding was a factor in an accident:

Accident Reconstruction

Experts in accident reconstruction can analyze the physical evidence at the scene, vehicle damage, and skid marks to estimate the vehicles’ speeds leading up to the collision.

Expert Testimony

Expert witnesses, such as accident reconstruction specialists, can provide professional opinions. They will opine based on the available evidence to try and prove the role of speed in the accident and the resulting injuries to the crash victims. In your statement about negligence and liability, it’s essential to recognize that negligence, including speeding, can indeed lead to liability for damages in a personal injury case.

If you’ve been involved in an accident where speeding may have been a contributing factor, and you’re seeking legal assistance, contacting a law firm experienced in handling such cases, like PKSD, is prudent. A legal consultation can help you understand your rights, assess the strength of your case, and determine the appropriate course of action, all without incurring any financial obligations for the initial meeting.

By presenting a compelling case supported by such evidence, you can strengthen your position in establishing negligence and pursuing compensation for your injuries in a California car accident lawsuit.

Some of the most common proof you can look for and document after an accident include:

Police Reports of the Accident Scene

Police departments: State authorities can provide additional information about car accidents. If you contact the police, it might help you determine if there were accidents in recent days or hours that had happened at the site of an accident. Official police reports often include information about the estimated speed of the vehicles involved and the officer’s assessment of contributing factors to the accident. These traffic reports also include statements from involved parties, assessments of fault, and other pertinent details.

These reports can serve as strong evidence in your damages claim. A report may tell police if speeding is a problem or if a suspect is liable. You can contact a lawyer for help in obtaining a police report for a thorough investigation to learn all possible details. If you feel this report is incomplete and want it corrected, your lawyers can help with that after private investigators uncover evidence to support your claim.

Importance of Witness Statements in Accident Cases

Testimonials from individuals who witnessed an accident and other eyewitness accounts play a critical role in establishing the sequence of events and assigning liability. Objective and unbiased witnesses can help shed light on the potential negligent actions by at-fault fault-parties.

  • Insight into Events: Percipint eyewitnesses can offer the jury and judge valuable insights into the collision when they describe what they saw, including details like the speed of the vehicles involved.
  • Establishing Fault: Witness statements can help establish the at-fault party’s actions, aiding in determining liability. If a witness observed a driver speeding through an intersection, for example, their testimony can be instrumental in demonstrating that speeding played a role in the crash.
  • Objective Evidence: Witnesses provide objective evidence, often considered more reliable than the accounts of the parties involved in the accident. Their impartial perspective can carry significant weight in legal proceedings.
  • Expert Witnesses: Sometimes, expert witnesses have expertise in practice areas. For example, law enforcement agencies, forensics, or traffic accident reconstruction experts can examine the available evidence and provide professional opinions about the accident.
  • Collecting Witness Information: In the aftermath of an accident, it’s crucial to gather witness contact information, including names and addresses, to help ensure that eyewitness accounts can be included throughout the legal process.
  • Long-Time Professionals: Expert witnesses often include long-time law enforcement officials, forensic experts, and specialists in traffic accident reconstruction. Their years of experience and specialized knowledge can be particularly compelling.

In summary, witness statements, whether from lay witnesses or expert witnesses, are vital pieces of evidence in accident cases and can provide objective accounts of the events. They can identify and help establish fault in legal proceedings. Gathering and preserving witness testimony is a crucial first step in building a strong case following an accident.

Your lawyer must collect them swiftly before memories fade and people move or simply pass away. During your free case review, you will inform us about any pictures or video footage to help us identify all the evidence and potential witness accounts.

Photographic Evidence Dash Cams, Traffic Recordings, etc.

Photographic evidence can prove vital, including dash cams, pictures of the accident scene, vehicle damage, or road conditions. The evidence can help illustrate how the accident happened and the role of the speeding driver. If the accident occurred in an area with traffic cameras, footage from these cameras may capture the vehicles’ speed, helping to establish whether one was speeding.

Road debris, tire brand marks, and skid marks can be evidence of braking or loss of control and offer insights about vehicle speed traveled prior to the collision. So snap as many images and film as possible, and don’t record over dash cameras or other onboard electronic devices that can help you document your side.

Vehicle Damage

The full extent of the vehicle damages, as well as the location of the vehicles, can give us clues about vehicle speed at the time of impact, which is very important in establishing negligence. For example, was it a one-way or two-lane road? High-speed collisions typically end up causing severe damage to bikers and others. When you call us for your free consultation, we will try and help you build your case to get you more compensation than a less qualified law firm. Our additional resources, skills, and compassion set us far apart from average personal injury attorneys, so reach out and get some valuable information! If you hire us, we focus on winning damages from the blame party, and you focus on healing.

Electronic devices on board

  • Black Box Data: Many modern vehicles are equipped with event data recorders (EDRs), commonly referred to as “black boxes.” These devices capture data, including GPS data about the vehicle’s speed, braking, and other factors leading up to and during an accident.

Another major indicator of a speed-related crash is the damage sustained by both vehicles. According to the Insurance Institute for Highway Safety, speeding-related collisions are more serious, even when they occur after minor increases in the speed of the vehicles involved in the incident.

Many older models of vehicles include tracking software to monitor driving habits. Depending upon availability, these results can tell whether or not drivers have driven at speeds that exceed 100 km/h.

Liability For Pulling Out In Front Of Speeding Car?

Liability for an accident where one driver pulls out in front of a speeding car can be complex and typically depends on the specific circumstances of the incident.

Here are some things courts will consider as follows:

Speeding as a Contributing Factor

Suppose the driver of the speeding car was indeed exceeding the posted speed limit or driving at a speed that was unsafe for the prevailing conditions (such as road conditions, traffic, weather, etc.). In that case, they may share some degree of liability for the accident.

Right of Way

The driver who pulled out in front of the speeding car must have had a legal right of way to do so. If they fail to yield the right of way when necessary, they may be found at fault for the accident.

Comparative Negligence

Many jurisdictions, including California, use a system of comparative negligence. This means that liability can be distributed among multiple parties based on their respective degrees of fault. In such cases, it’s possible for both drivers to share some level of responsibility for the accident.

Legal Consultation

If suffered a terrible car accident, our personal injury firm can swiftly evaluate the specifics of your case. Our services include assessing liability, gathering evidence, and helping you understand your legal options as a wounded plaintiff. The defendant’s overall liability depends on your case’s specific facts and how a judge or jury assesses them under applicable laws.

How Much Can You Obtain MoneyWise?

The amount you can expect from a speeding car accident settlement in California can vary significantly depending on various factors. While the figures you mentioned are general averages, they may not accurately reflect the specifics of your case.

Here are some key factors that can influence the amount of your settlement from the insurance company as follows:

  1. Injury Severity: The extent and severity of your injuries will significantly impact the settlement amount. However, remember that more severe injuries may typically result in higher compensation for medical expenses, rehabilitation, and NY pain and suffering experienced by the victim.
  2. Medical Expenses: Your medical bills from the accident, including past and future expenses, may be very important to determine the final settlement amount from the insurance company.
  3. Lost Wages: If you’ve lost income due to your injuries and inability to work, you may be entitled to compensation for those lost wages.
  4. Property Damage: While property damage settlements tend to be lower, the extent of the damage to your vehicle and other property can affect this portion of the settlement.
  5. Insurance Coverage: The insurance policies of the parties involved, including your own insurance, can impact the settlement. California is an at-fault state, meaning the at-fault driver’s insurance typically covers damages, but your insurance coverage may also come into play.
  6. Liability: Determining liability, including whether both parties share some responsibility, can affect the settlement amount. California follows a comparative negligence system, which means your compensation may be reduced if you are found partially at fault for the accident.
  7. Pain and Suffering: Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, can significantly increase the settlement amount but are more challenging to quantify.
  8. Legal Representation: Having an experienced personal injury attorney can help you negotiate a higher settlement. They can review the details and assess the specifics of your case. This personalized service includes gathering evidence and negotiating with insurance companies on your behalf.
  9. Settlement Negotiations: The outcome of settlement negotiations can vary. Skilled negotiation can lead to a more favorable settlement.

Calling us today to assess the details of your case can give you vital legal guidance. Settlement calculators can be useful tools but may not consider all relevant factors. What the insurance company pays you today will depend on the severity of your bodily injuries.

Other Services Our Firm Will Provide After Your Motor Vehicle Accident

Did you get rear-ended by a speeding driver suffering from road rage or carelessness at a red light? Running a red light can drastically alter the lives of you and your close loved ones for the worse. Is there surveillance footage or other evidence you need but can’t obtain? In our professional opinion, our legal team is able to handle everything about your matter.

The best thing to do is consult with a legal professional expert lawyer at our office. Our team can provide you and your loved ones with valuable guidance and assistance 24/7 at no up front charge to you. As a fully integrated car accident law firm, we care for all your legal needs. Our goal after a crash remains the same: winning big. You have to concentrate on recovering, and we have to handle your claim and legal action in an effort to get you the maximum compensation we can under California law.

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Michael Ehline

Michael Ehline is an inactive U.S. Marine and world-famous legal historian. Michael helped draft the Cruise Ship Safety Act and has won some of U.S. history’s largest motorcycle accident settlements. Together with his legal team, Michael and the Ehline Law Firm collect damages on behalf of clients. We pride ourselves on being available to answer your most pressing and difficult questions 24/7. We are proud sponsors of the Paul Ehline Memorial Motorcycle Ride and a Service Disabled Veteran Operated Business. (SDVOB.) We are ready to fight.