Thousands of motorists are injured or killed in speeding-related accidents every year.
Speeding is a significant problem on Texas roadways and can have profound impacts on the lives of those affected by it.
On its own or coupled with dangerous roadway conditions, speeding is a significant cause of harm for both the reckless driver and other motorists on the road.
At elevated speeds, drivers have less time to react, need more time to stop, and experience an increased level of impact during a collision. Speeding can also cause a driver to lose control of their vehicle.
In recent reports by the National Safety Council (NSC) and National Highway Traffic Safety Administration (NHTSA), they estimated that 12,151 people were killed due to speeding, and that number has steadily risen in recent years. Moreover, more than half of all speeding accident fatalities were not wearing seat belts.
The NSC showed that drivers between the ages of 15 and 44 are the most likely to get in a speeding accident, with the data indicating a much higher rate for male drivers than female drivers.
There are many reasons why drivers may speed.
They may speed because they are running late to their destination, are distracted, are frustrated with other motorists, or do not have proper regard for the law. Being separate from others can also make drivers numb to other motorists and the consequences of speeding.
Injuries Sustained in Speeding Accidents
One of the many dangers of speeding is that it increases the force at which collisions occur. As a result, it can severely injure those involved. Individuals can sustain a variety of injuries and to varying degrees. Some common ones include:
- Broken bones
- Whiplash
- Lacerations
- Head injuries, including concussions and traumatic brain injuries
- Neck injuries
- Spine and back injuries
- Internal damage
- Tissue and nerve damage
- Paralysis
- Disabilities
- Death
Frequently, accident injuries can also lead to overwhelming financial expenses and stress for the victims. Medical bills quickly add up for everything from tests to treatments to medications. It is important to keep all records of your medical costs and results and discuss them with a lawyer who can help you determine a settlement value that is fair and will sufficiently cover your damages.
What to Do After an Accident Caused by Speeding
If you or a loved one has been hurt in a speeding accident, it is important to know what to do afterward. The actions you take in the moments after an accident can make all the difference in the trajectory and outcome of your case and future. Below are some essential steps to take after an accident.
Receive Medical Attention
First and foremost, seek medical attention. Prompt treatment can ensure you have the best chance of recovery, and it can even save your life. Medical professionals ensure you receive all necessary tests and treatments for your injuries.
You should also schedule a follow-up appointment with your doctor if your injuries worsen or new ones develop, as accident injuries can sometimes be delayed.
File a Police Report
File a Police ReportContact law enforcement to document the scene of the crime and fill out a police report. Officers will record the details of the event, gather evidence and statements, add objective notes and diagrams to the findings, and more.
It is important to file a police report so there is an official record of the event, which will be important for insurance and legal claims. For the same reason, you should also request a copy for your records.
Gather Evidence
Gather your own evidence, if possible, to supplement what is included in the police report. You can take photos and videos of your injuries, damage to your vehicle, nearby road signals, and other signs of damage. Statements from witnesses describing what they saw can also be a valuable form of evidence.
Exchange Information
Drivers are required to exchange information after a vehicle accident, according to Florida Statute 316.070. You must share the name and address of the vehicle’s driver and owner, if not the same person, as well as license plate number and insurance information.
File an Insurance Claim
In order to seek compensation, you must file a claim with the at-fault party’s insurance company, as they are responsible for paying for your losses. You should also inform your own insurance company about the accident and the claim you filed under the other driver’s insurance.
Hire a Car Accident Lawyer
Liable parties and insurance companies may resist paying or act in bad faith, and hiring a car accident lawyer can fight for you, protect your rights, and get you a better outcome than you would be able to get on your own. They will provide valuable support in a variety of ways.
Your Legal Rights as a Victim of a Speeding Accident
When another driver has harmed you due to speeding, you have the right to hire a lawyer, take legal action to pursue compensation and hold the other party accountable for their actions. As a victim of another person’s negligence, you should not have to bear the consequences of their actions alone, and pursuing justice can provide the necessary resources to get the support you need.
You also have the right to pursue and claim damages from the other driver to mitigate the physical, emotional, mental, and financial losses you suffered. Your car accident lawyer will also be your dedicated advocate from start to finish, ensuring no one takes advantage of you. They should focus on maximizing your compensation from all liable parties.
Compensation is designed to help you return to the state you were in prior to the accident as much as possible. While it cannot undo the accident, damages can make recovery easier. You may be able to recoup losses ranging from medical and property damage and lost wages to pain and suffering, loss of enjoyment, and a reduced quality of life.
An experienced lawyer can help you navigate through what feels like a maze of legal requirements, deadlines, and obstacles. They have the knowledge and skills to effectively advocate for you, hold the other party responsible for the harm they caused, and negotiate a fair settlement. They are committed to understanding every detail of the accident so they can tailor their strategies to your situation.
They will also investigate and help you gather vital evidence to establish the wrongdoing of the other driver. In order to show that the other driver exhibited negligence and hurt you, your lawyer will establish the standard of negligence in your case. Showing negligence is the key to successfully obtaining the financial relief you need to cover your damages.
This involves demonstrating that the other driver had a duty to prevent harm from coming to other motorists on the road. By speeding, they breached the duty they owed to you and others when they caused an accident. Your lawyer will establish a direct link between their actions and your injuries and losses. The party at fault must pay for your damages.
Texas Follows Modified Comparative Negligence in Speeding Accident Claims
Additionally, fault is determined in a personal injury case by reviewing the evidence and assigning each party a percentage that represents their amount of contribution to the accident. This could range from 0-100%. In the event that multiple parties contributed to the accident, Texas’ modified comparative negligence law is applied.
Under Texas Civil Practice and Remedies Code Chapter 33, each party may receive compensation for their losses, but it will be reduced by the percentage of fault they were assigned. If an individual is responsible for 51% or more of the accident, they are then barred from receiving compensation.
Your lawyer will also ensure that your claim is filed within the state’s statute of limitations. According to Texas Civil Practice and Remedies Code Chapter 16, individuals generally have two years after an accident to file a claim and pursue compensation. For the strongest case possible and to ensure your statute of limitations has not expired, talk with a lawyer about your case as soon as you can.
Wolf Law, PLLC Helps You Recover From a Speeding Accident
Wolf Law, PLLC understands that a speeding accident can turn your life upside down and make it difficult to manage the aftermath. Your future is important to us, and we provide you with the highest level of service to help you get back on your feet. Our team provides you with compassionate support to get you through a difficult time and provide you with the resources you need to offset your various losses.
When you schedule a free consultation with an experienced car accident lawyer, they will help provide you with the hope you need to move forward and the means by which to do so. Call us today and let us get to work for you.