Speeding remains one of the most common causes of car accidents in the United States. According to the National Safety Council (NSC), speeding contributed to almost 30% of all traffic deaths in 2023, killing more than 11,000 people. If you or a loved one has been in a Florida car accident caused by speeding, proving that the other motorist was speeding is essential for recovering fair compensation. But how do you prove speeding caused the accident? Keep reading.
Importance of Proving the Other Driver Was Speeding
Before delving into how to prove the other driver was speeding, it is crucial that you first understand why proving this is important. The principle of modified comparative negligence applies in Florida car accident cases. Under this rule, a claimant’s ability to recover compensation depends on their or the victim’s (in a wrongful death case) level of fault. Under Florida’s modified comparative negligence law, a claimant in a car accident case cannot receive compensation if they or the victim were more than 50% to blame for the accident. If a plaintiff or the victim is 50% or less to blame, they can still recover compensation, but it would be reduced by their percentage of fault. Therefore, showing that the other driver was at fault is crucial for preserving your right to compensation and minimizing any reduction in your potential recovery.
Proving the Other Driver Was Speeding
If you or a loved one was in an accident with a speeding motorist, here are the key steps that can help prove the other driver was at fault;
- Gather Evidence
The first key step in proving that speeding caused a crash is gathering as much evidence as possible. Here are some pieces of evidence that can help you prove your claim;
- Photos and Videos: Pictures and videos taken at the accident scene can help paint a picture of what happened. For instance, skid marks can show that the other driver tried to stop suddenly, which can suggest they were speeding.
- Witness Statements: Pedestrians, other drivers, passengers in other vehicles, and other witnesses can help confirm if the other driver was speeding.
- Traffic and Dash Cam Footage: Footage from traffic cameras and/or dash cams can provide irrefutable evidence of speeding.
- Police Reports: If the police officer who responded to the accident noted in their report that the other driver was speeding, it can help you prove fault.
- Accident Reconstruction: An accident reconstruction expert can analyze the accident and determine if speed caused it.
- Work With a Skilled Car Accident Attorney
Successfully proving that a speeding driver caused an accident can be complex. A skilled car accident attorney can conduct a thorough investigation, gather necessary evidence, including what might be hard for you to obtain on your own, such as traffic or dash cam footage, and present that evidence in the best way possible.
Contact Us for Legal Help
Have you or a loved one been in an accident with a speeding driver? Our West Palm Beach car accident attorneys at The Pendas Law Firm can help you prove the other driver was at fault. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Ocala, Orlando, Tampa, Miami, Jacksonville, Bradenton, Daytona Beach, Fort Myers, Fort Lauderdale, Naples, and Melbourne areas.
Source:
injuryfacts.nsc.org/motor-vehicle/motor-vehicle-safety-issues/speeding/