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.
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.
The elements that a person needs to show in order to prove negligence are:
A car traveling at a high rate of speed increases the risk of an automobile being totaled and serious physical injuries, such as:
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:
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:
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.
Last Modified: 06-05-2018 07:55 PM PDTLaw Library Disclaimer
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