Speeding, or traveling at a rate of speed that grossly exceeds the speed limit, can be an actual and proximate cause in a personal injury lawsuit. Anyone who causes a high-speed crash may be subjected to both criminal charges and civil lawsuits, especially if they were negligent in traveling at that high speed.
How Do I Prove That the Other Driver Was Negligent?
Whether driver is at fault for a high-speed accident depends on negligence, which is defined as a failure to use the amount of care an ordinary person would use in similar or same circumstances. Whether the driver was negligent in their actions may be implied by the mere fact that they were speeding over the speed limit.
What Are the Elements Needed to Prove Negligence?
The elements that a person needs to show in order to prove negligence are:
- Breach of duty
What Types of Injuries Can Occur in a High-Speed Crash?
A car traveling at a high rate of speed increases the risk of an automobile being totaled and serious physical injuries, such as:
- Spinal cord injuries
- Traumatic brain injuries
- Severe burns
- Limb amputations
- Back injuries
- Face injuries
- Emotional and psychological injuries
Can I Receive Compensation for My Injuries in a High-Speed Car Crash?
A plaintiff in a personal injury case involving a high-speed car crash may be able to receive monetary damages for their injuries. There are two primary monetary damages options in this situation:
- Compensatory: Money awarded to compensate a plaintiff for any losses suffered because of the accident like medical bills, lost wages, property damages, emotional distress, and wrongful death.
- Punitive: Money awarded to punish the defendant for egregious, outrageous behavior such as purposely causing the high speed crash. These damages can only be given if other damages are also awarded.
Are There Any Defenses Available to the Defendant?
A defendant being sued for a high-speed crash can use a defense to prevent the plaintiff from winning the case or reduce the plaintiff’s award. The defenses available to a defendant in a high-speed car crash include:
- Comparative negligence looks at the plaintiff’s actions during the crash. If the plaintiff were at fault, any award received would decrease by a percentage reflecting the amount that the plaintiff was found to be at fault.
- Contributory negligence also looks at the plaintiff’s actions. If the plaintiff contributed to the accident, they may be barred from receiving any money.
Should I Talk to an Attorney?
As previously mentioned, high-speed crashes can cause serious injuries that cost a lot of money to remedy. Thus, it is in your best interests to discuss your car accident with a personal injury attorney to determine if you have a claim and if you can pursue compensation for any harm that the crash may have caused you.