An actual and proximate cause in a personal injury claim can include speeding or exceeding the speed limit by a significant margin.
Criminal and civil legal action may be taken against anyone who causes a high-speed collision, especially if they were at fault for the collision in the first place.
How Can I Establish that the Other Driver Was Negligent?
Negligence, which is defined as failing to exercise the degree of care that a reasonable person would exercise in a comparable or identical situation, determines whether a motorist is at fault for a high-speed accident. The simple fact that the driver exceeded the posted speed limit may suggest negligence in their actions.
What Are the Requirements to Establish Negligence?
The components that must be proven in order to establish carelessness are:
What Sorts of Damage Can Take Place in a High-Speed Crash?
When a car is moving quickly, there is a greater chance that it will be totaled and that someone will suffer major physical harm, like:
- Spinal cord damage
- Traumatic encephalopathy
- Severe burns
- Amputation of limbs
- Back problems
- Facial wounds
- A psychological and emotional injury
Can I Get Paid for My Injuries from a High-Speed Car Accident?
A victim of a high-speed car accident may be eligible to collect financial compensation for their injuries. In this case, there are two main ways to seek financial compensation:
- Compensatory: Amount of money granted to make up for any losses a plaintiff may have endured as a result of the accident, including medical expenses, lost wages, property damage, mental distress, and wrongful death.
- Punitive: Compensation granted to the defendant as retribution for flagrant, outrageous actions, such as deliberately causing the high-speed collision. Only if additional damages are also granted can these damages be paid.
Are the Defendant’s Potential Defenses Available?
A defendant being sued for a high-speed collision may raise a defense to dismiss the case or limit the plaintiff’s recovery. A defendant in a crash involving a fast-moving vehicle may raise the following defenses:
- Comparative negligence examines the plaintiff’s behavior at the time of the collision. If the plaintiff were found to be at fault, the amount of any award would be reduced by a percentage equal to the proportion of fault.
- Contributory negligence considers the plaintiff’s deeds as well. The plaintiff might not be entitled to any compensation if they contributed to the accident.
After a Fatal Car Accident, When Can I File a Negligence Lawsuit?
The legal doctrine of negligence is frequently applied in litigation involving fatal auto accidents. Negligence is the failure to exercise the care that a reasonable person would exercise in the same or similar circumstances.
When a driver injures or kills another driver, a passenger, a pedestrian, or any of these individuals, a family member may, in some circumstances, bring a lawsuit under the principle of carelessness.
The plaintiff must demonstrate each of the following in order to establish that the defendant was accountable for the car accident:
- The defendant owed the victim a responsibility to act with care;
- The defendant violated that duty when they caused the accident;
- The defendant was responsible for the accident.
- The accident’s actual and direct cause must be established; and
- The victim died as a result of the defendant’s acts.
An illustration of this scenario is when a motorist disobeys their obligation to drive safely and in accordance with the law. Although it may not be a duty that is directly applied to drivers, it is implied that when a person drives on a public road, they will make every effort to abide by the traffic laws and avoid hurting themselves or other drivers.
However, if someone is caught driving while intoxicated and causes a deadly collision out of their own volition, they may be held accountable.
What if the Car Itself was to Blame for the Collision?
In some tragic collisions, the motorist may not be substantially to blame for what happened. Instead, the vehicle’s inherent flaw that existed at the time of the accident may have been to blame for the tragedy.
A manufacturer could be sued by the family under the basis of products liability if there was a:
- Design flaw: This happens when there is a mistake, failure, weakness, or flaw in how the product is constructed, such as if the car’s brakes were improperly designed and caused an accident;
- Manufacturing flaw: When a car or automotive product is produced or constructed, there may be a manufacturing flaw. For instance, if the engine is put together wrong, an explosion may happen; and
- Warning flaw: When there is a mistake with the product’s warning labels, informational labels, or other similar warning devices, such as when insufficient safety instructions are provided with the car, this is referred to as a warning flaw.
More than one form of product liability issue may arise in some vehicle accident claims. For instance, a flawed vehicle might have both an engine design flaw and a warning flaw related to other components.
What is an Action for Wrongful Death?
A wrongful death lawsuit is one that a family member files on behalf of a deceased family member. The family will sue the person who they claim was responsible for the person’s death to get paid for the person’s passing.
Only one member of the victim’s immediate family is allowed to file a lawsuit on their behalf. In the event of a fatal auto accident, the victims’ survivors would file the case on their behalf.
A deadly car collision occasionally results in the deaths of many drivers and passengers. As a result, complicated legal decisions could be involved in wrongful death litigation.
The responsibility of the other parties involved in the crash, any state restrictions that would limit the amount of damages that can be recovered, and other considerations all play a role in determining the damages in a fatal auto accident.
The amount of damages that may be awarded is occasionally constrained, particularly in circumstances involving punitive damages. In some circumstances, a surviving spouse may also be qualified to make a loss of consortium claim.
What Conditions Must Be Met in a Wrongful Death Case?
The following elements must be proven in order for a wrongful death lawsuit resulting from an auto accident to be successful:
- The accident must have been caused by someone other than the deceased victim;
- The accident must have been caused by the at-fault driver’s negligent, reckless, or intentionally bad driving and not the victim, including drunk driving;
- The lawsuit must be filed prior to the statute of limitations expiring, and the responsible party has sufficient insurance.
Should I Consult a Lawyer?
As was already indicated, high-speed collisions can result in severe injuries that are expensive to treat. It is, therefore, in your best interests to speak with a vehicle accident lawyer about your incident in order to ascertain whether you have a claim and whether you can seek compensation for any damages the collision may have caused you.
Your attorney will advocate for you in any court proceedings and assist in settlement negotiations. Since these situations are frequently complicated, the evidence needs to be presented by a specialist.