High-speed car accidents can be catastrophic. Victims of these accidents regularly suffer debilitating physical injuries as well as significant property damage. Accordingly, many injured parties wonder how drivers’ speeds may affect their potential claims for compensation.
Speeding can have a substantial impact on your car accident claim in Alabama. If the defendant was speeding and found at fault, it can strengthen your case by establishing liability and potentially leading to higher compensation. However, if you were also speeding, Alabama’s contributory negligence rule may hinder your claim, as even a minor degree of fault on your part can result in a complete bar from recovering compensation from the other party.
Seek guidance from our experienced Alabama car accident attorneys by calling Howe Law at (844) 876-4357 to evaluate your case for free.
What if The Defendant was Speeding at the Time of Your Car Accident in Alabama?
If another driver was speeding when they hit you, their misconduct can have significant repercussions for your potential car accident claim. This is because speeding is a form of negligent driving behavior that is not only against the law but also increases the likelihood of accidents and the severity of injuries sustained. Fortunately, our Alabama personal injury lawyers can help you understand the following ways in which the defendant’s speeding can affect your potential case:
Evidence of Negligence
The defendant’s speeding serves as compelling evidence of their negligence in the context of your car accident claim. Speed limits are established to ensure the safety of all road users, and when a driver exceeds these limits, they are failing to exercise reasonable care while driving. This breach of the duty of care can be used to support your claim that the defendant’s actions were negligent.
If the defendant was speeding when they hit you, it can also significantly affect your ability to establish liability. Speeding is a clear violation of traffic laws, and as such, it can make it easier to prove that the defendant was at fault for the accident. Further, the defendant’s violation of speed limits can help mitigate any argument that you were equally responsible for your collision.
Establishing liability is a crucial step in the legal process because it determines who is responsible for the damages and injuries caused. Because of the defendant’s speeding, your legal team may have a stronger position when presenting your case to the court or negotiating with the insurance company.
Impact on Damages
The impact of the defendant’s speeding on your car accident claim extends to the damages you may be entitled to. Speeding often leads to more severe accidents with higher levels of property damage and more serious injuries. Because of this, the financial compensation you seek could be considerably greater than in cases where the defendant was not speeding. Your claim may include compensation for medical expenses, property damage repair or replacement, pain and suffering, and lost wages due to time away from work. The severity of the accident, often caused by speeding, directly affects the magnitude of the damages you can rightfully claim.
Insurance companies often take the defendant’s speeding into account when determining liability and assessing claims. If there is clear evidence that the defendant was speeding at the time of the accident, it can significantly impact the way insurance companies handle your case. The documented evidence of the defendant’s negligence may lead to a more favorable settlement offer, as insurers are more likely to acknowledge their policyholder’s liability in such cases. It can also expedite the claims process because the insurer may be more inclined to reach a settlement rather than engaging in protracted legal disputes.
What if You Were Speeding at the Time of Your Car Accident in Alabama?
If you were speeding at the time of your car crash in Alabama, then you may be prevented from recovering financial compensation in a car accident lawsuit.
Alabama courts abide by the doctrine of “contributory negligence” when assigning damages in car accident cases. This means that if you are considered to be at fault for your accident in any way, then you will be prevented from filing a claim against another party. Therefore, if your speeding is determined to have played a role in causing your accident, then you will be completely barred from recovering payment from another driver.
Defendants in car accident cases often try to shift blame onto plaintiffs in order to avoid paying for the damages caused by their crashes. Accordingly, support from legal representation can be highly beneficial when filing your case. We can help gather evidence and defeat the defendant’s alternative theory of fault.
Tips for Avoiding Accidents with Speeding Drivers in Alabama
As previously discussed, car crashes that occur at high speeds are prone to causing significant harm. The following are some tips to help you avoid accidents with speeding drivers:
Stay Alert and Vigilant
One of the key tips for avoiding accidents with speeding drivers is to remain alert and vigilant while on the road. Be aware of your surroundings and constantly scan for any vehicles that may be traveling at high speeds. Pay attention to the behavior of other drivers, especially those who are tailgating, weaving between lanes, or displaying aggressive driving tendencies. Staying attentive can help you react quickly to potential dangers.
Maintain a Safe Following Distance
Maintaining a safe following distance is crucial when dealing with speeding drivers. Keep an adequate space cushion between your vehicle and the one in front of you, allowing for more time to react if the speeding driver suddenly brakes or loses control. The three-second rule is a good guideline: maintain at least a three-second gap between your vehicle and the one ahead.
Obey Traffic Laws
Adhering to traffic laws yourself is essential in avoiding accidents with speeding drivers. Follow posted speed limits, yield the right of way when required, and use turn signals to communicate your intentions. By obeying traffic laws, you reduce the risk of becoming involved in a collision and set a safe example for other drivers.
Contact Our Car Accident Lawyers for Assistance with Your Case in Alabama
Get help from our Birmingham car accident lawyers at Howe Law by dialing (844) 876-4357.