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How to Prove That The At-Fault Driver Was Speeding

Jun 30, 2020 | Car Accidents

One-third fatal accidents are because of excessive speeding as per data accumulated by the Insurance Institute for Highway Safety. Excessive speeding is something that may be indulged by motorists of all ages, but it is usually the young people that are more at risk of driving fast or being involved in speeding accidents. Drivers that endanger others by not obeying traffic laws and speeding should be held accountable.

Speed limits are established by the authorities to ensure that everyone is safe on the roads, including pedestrians and other drivers. Motorists that resort to aggressive driving place everybody, including themselves, at risk.

Common injuries from excessive speeding accidents include:

  • Fractures
  • Concussions
  • Whiplash
  • Back injuries
  • Neck and spinal cord injuries
  • Traumatic brain injuries
  • Bruises and lacerations
  • Wrongful death

Psychology behind Speeding

Speeding is one of the easiest traffic violations to commit. There are many drivers who indulge in driving too fast. Unfortunately, speeding can quickly develop into a habit and can be difficult to break. This leads to drivers not noticing that they are traveling at an unsafe rate for given road conditions when distracted.

There are various reasons that compel drivers to speed. However, the more common ones are:

  • Staunch belief that a police car will not pull them over
  • Distracted driving
  • Rushed driving
  • Blatant disrespect for the law
  • Habitual to over speeding
  • Road rage
  • Lateness

While there are explanations for such actions, it cannot be ignored that negligent behavior behind the wheel frequently leads to accidents. Accidents that take place at high speeds tend to cause greater destruction of property and physical injury. This is because of the increased force at which the automobile collides with another object or person.

Common Types of Speeding Accidents in New York

Accidents caused by excessive speeding can be of various types. Few of the more common ones are:

  • Speeding: Each year, there are more than 30,000 car accidents that result in fatalities. Excessive speed is the chief cause in at least a third of them. Drivers that disregard established speed limits place everyone around them at serious risk of injury or death.
  • Driving faster than weather conditions permit: Motorists are required to pay attention to road conditions and adjust their vehicle speed accordingly. Preventable accidents tend to occur when drivers ignore ice, snow, rain, fog, or other weather conditions.
  • Driving fast in rush traffic: Aggressive or reckless drivers tend to drive fast because they are frustrated by traffic congestion or are in a hurry. These drivers can cause serious injuries when they fail to lower speed according to traffic conditions.
  • Rash driving: Racing, tailgating, or driving a vehicle aggressively puts everyone on the road at risk of injury. Aggressive motorists who race or follow too closely can cause accidents that result in death or severe injury.

Establishing Blame in a Speeding Accident

Evidence is gathered during the investigation phase of an accident. This can help prove that the cause of accident was in fact speeding by the other driver. The following types of evidence can be used to prove the other party was careless and speeding.

  • Black Box Data/Event Data Recorders (EDR): All passenger vehicles manufactured after 2014 come with event data recorders or black box recorders. EDR is equipped to store at least five seconds of data right before a collision or impact. This includes vital information like engine RPM, vehicle speed, seatbelt usage, and brake application.
  • Witnesses: Witnesses can be critical to proving the way the accident unfolded. While the average eyewitness cannot identify the exact speed at which a car is traveling, they can easily tell when the driver is driving unsafely or exceeding beyond prescribed speed limits. Witnesses are also helpful in providing additional information regarding the accident that can better determine fault.
  • Physical Evidence: This may include skid marks on the road, video camera footage, and the physical damage on vehicles and other objects. It is important that photographs be taken as soon as possible of the accident site to determine how the vehicles ended up and how far the debris got scattered at the collision site. Accident reconstructionists or traffic forensic experts can use these photos and videos to recreate the accident successfully in order to determine whether the accident was caused due to speeding.
  • Police Report: You should call 911 immediately after a car accident and file a police report. This report can come in very useful when you file a claim since it documents all details of the accident, the vehicle and people involved, and any witness information. Generally, police reports also contain a diagram of the accident scene.

You or your loved ones may be entitled to compensation for the damages suffered as a result of an automobile accident caused by speeding. You can improve your case with careful investigation, evidence preservation and reporting the accident. You need help from an experienced and capable team of speeding accident attorneys in New York to get this done.

Not Driving As Per Road and Weather Conditions

Driving over established speed limits is not the only type of fatal speeding accidents. A report by the National Highway Traffic Safety Administration (NHTSA) reported that while 55% speeding related accidents were because of driving over posted limits, 45% were due to driving at unsafe speed levels given the current weather and road conditions.

Motorists are expected to account for reduced visibility and slippery road conditions when there is bad weather, such as ice, fog, snow or rain among other things. Likewise, careful or reasonable drivers would adjust their speed to a safer level in heavy traffic situations or conditions that are dangerous.

Excess speed increases the chances of a crash when drivers exceed posted limits or fail to maintain safe speed levels. This is because of several reasons, including:

  • Reduced reaction time
  • Longer stopping distances after employing brakes
  • Reduced vehicular control because of increased momentum

Compensation for Speeding Accidents

At Rosenberg, Minc, Falkoff & Wolff, LLP in New York, we have a proven approach to thoroughly investigate every traffic accident claim handled by us with the assumption that the case was going to trial. In some instances, we also work with traffic accident reconstruction experts to attain an in-depth analysis of the events as they unfolded from an independent view point. This allows us to build stronger claims and negotiate better.

While ascertaining a fair compensation figure we will calculate the loss of income borne by you as well as all your present and future medical bills because of the accident. In case you suffered a disabling injury which has led to permanent or temporary limitations on your work and income earning abilities, we will use a life planner to calculate a fair and accurate compensation amount.

We will need to review the unique specifications of your particular accident to calculate the value of your vehicle accident injury claim since every accident is different. We will not stop until we analyze all aspects of your accident and apply our experienced perspective from handling similar speeding cases to determine the kind of compensation you should seek.

The effort we put into determining the amount of an injury claim prevents insurance companies from taking advantage of you as a victim with low settlement offers. This is one of the major reasons why you should have an attorney represent your interests after a serious accident. At the same time, you should beware of any law firm that guarantees to win you a specified sum of compensation for the injuries sustained.

Let Your Attorney Speak to Insurance Companies

Our speeding accident lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP in New York will aggressively represent you in dealing with the insurance company of the at-fault driver. It is important that you never give a statement to any representative of the insurance company without consulting with your attorney first.

You can count on us to advocate your best interests and not the other driver’s insurance company. We are here to represent injured individuals and always place their interests first, rather than insurance companies. We will aggressively negotiate on your behalf with the help of all the evidence we gather.

Typically, there are several offers and counter-offers made before a negotiation is settled. As your legal representatives, we will consult each offer with you and offer advice on whether it is fair or not.

Hire a Speeding Accident Attorney in New York to Protect Your Interests

Allow the attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP to help you if you were involved in a car accident because another driver was speeding. The most important step to take after an accident is to get the medical attention you need and then to consult with a skilled and experienced personal injury lawyer.

Having a qualified legal professional take care of your interests when you deal with insurance settlements can make a world of difference to securing a fair amount. This includes compensation for lost earnings, medical bills, emotional trauma, and so much more. Get in touch with the speeding accident attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP by calling at (347) 504-1246.