A speeding driver is a danger to other drivers, their passengers, pedestrians, and everyone else on the road. Speeding accidents can cause devastating injuries, including traumatic brain injuries, spinal cord injuries, and concussions. Exceeding the speed limit is a primary cause of many New York car accidents, and speeding drivers are liable for the damages caused by the car accident.
If you’ve been injured in a speeding car accident, you may be entitled to compensation for your medical expenses, lost income, pain and suffering, and other damages. The offending driver’s insurers may try to blame you for the accident or deny that you are seriously injured. Working with the experienced attorneys at Dell & Dean, PLLC can help you level the playing field. Our personal injury attorneys have extensive experience negotiating with insurance adjusters.
Why Does Speeding Cause So Many Car Accidents?
It’s easy to understand why New York drivers speed, especially when traffic is congested during rush hour. However, speeding contributes to many auto accidents in New York City and nationwide. Speeding comes with the following safety risks:
- The driver has less time to react to changes in traffic patterns safely
- It’s easier for the driver to lose control of the vehicle
- It takes the driver longer to come to a complete stop
- The vehicle’s tires have difficulty gripping the surface of the road, especially in bad weather
- The vehicle’s safety features, including seatbelts and airbags, may not work as intended
- The vehicle may spin out and collide with other vehicles if the driver needs to stop quickly
In some cases, drivers are speeding aggressively. When drivers engage in road rage, changing lanes, tailgating, and other types of illegal driving, they’re more likely to collide with other vehicles on the road, especially when they’re driving at high speeds.
Proving Liability After Being Injured in a Speeding Accident
To recover compensation through an insurance claim or personal injury lawsuit, the victim must prove that the speeding driver is liable for his or her injuries. Under New York law, when drivers engage in negligent or reckless behaviors on the road, they are responsible for compensating any victims injured by their actions.
Negligence occurs when a driver fails to use reasonable care under the circumstances to prevent injuries to others on the road. Recklessness occurs when a driver consciously disregards a substantial and unjustifiable risk that could cause injuries to others. When a driver is driving over the speed limit and causes an accident, the victim may be able to prove a legal theory called negligence per se.
When the victim can prove that the defendant is guilty of negligence per se, the defendant’s negligence will be conclusively established. In that case, the victim will only need to prove that the negligence caused his or her injuries and that he or she has suffered damages from the car accident. To prove negligence per se, the plaintiff needs to prove that the law was designed to prevent the kind of harm for which he or she seeks to recover damages. New York’s speeding laws are designed to prevent the harm the plaintiff suffered.
Investigating Speeding Accidents
When you work with Dell & Dean, PLLC, you can rest assured that we will use our experience and resources to gather evidence proving that the driver who caused your injuries was speeding. As mentioned above, when plaintiffs can prove that the driver was speeding, the court will conclude that the driver has engaged in negligence. Succeeding in a personal injury lawsuit is easier when negligence has already been proved. Our attorneys will work diligently to gather the following evidence proving that the other driver was speeding:
- Reviewing video footage of the collision when available
- Visiting the scene of the accident to analyze road debris and skid marks
- Interviewing witnesses
- Analyzing medical records and police reports
- Assessing the damage to your vehicle
Additionally, we will rely on the expertise of engineers, forensic scientists, accident reconstructionists, and other professionals who can provide insight as to whether the driver was speeding. If the other driver was issued a speeding ticket after the accident, you can use the ticket as evidence that he or she was speeding.
Speeding Can Cause Devastating Accidents
When a driver is driving at speeds higher than the speed limit, he or she can easily lose control of the vehicle and collide with other vehicles, bicyclists, and pedestrians. Generally, the higher the speed of the vehicle, the greater the force of impact and the more likely the occupants of the other vehicle will suffer devastating injuries. Some of the most common injuries victims suffer include the following:
- Back and neck injuries
- Head injuries
- Sprains and strains
- Broken bones
- Internal injuries
- Lacerations
- Rib, chest, and torso damage
- Seat belt injuries
- Spinal cord damage
- Wrongful death
- Internal injuries
- Traumatic brain injuries (TBI)
Compensation Available for Victims
It’s difficult to estimate the value of a personal injury claim accurately. The potential compensation available in your case will depend on multiple factors, including the severity of your injuries and the nature of the car accident. Generally, the more severe a victim’s injuries, the greater the claim’s value. Victims of personal injury lawsuits can pursue compensation for the following types of damages:
- Medical expenses
- Lost income
- Loss of earning capacity
- Disability
- Disfigurement
- Property damage
- Disfigurement
- Loss of consortium
- Pain and suffering
The speeding accident attorneys at Dell & Dean, PLLC will help you determine the types of compensation to which you may be entitled. We regularly work with medical and financial experts to carefully value all the expenses you have incurred and will incur in the future.
Contact Our Long Island & New York Speeding Accident Attorneys For Help Today
Have you or your loved one been seriously injured in a speeding car accident that wasn’t your fault? The personal injury attorneys at Dell & Dean, PLLC are prepared to help you fight to maximize your financial recovery. New York has a two-year statute of limitations for most car accident lawsuits. If you wait too long to speak to an attorney and file a lawsuit, you may lose your right to pursue compensation. Don’t hesitate to contact Dell & Dean, PLLC to schedule a complimentary case evaluation and learn more about your legal rights.
Dell & Dean, PLLC handles claims throughout Nassau County and Suffolk County on Long Island as well as the boroughs of New York City, and the surrounding areas.
