Proving a speeding driver caused your car accident can be challenging since there is often little to go on besides your word against theirs. However, there are some types of evidence that can support your allegations. A car accident attorney can help you gain access to additional resources, as well.
In the end, you may not need to prove the other driver was speeding or otherwise acting recklessly. Other traffic violations likely occurred and directly led to your collision, and those may be easier to demonstrate.
How Can I Prove the Other Driver Was Speeding?
It can be difficult to determine, document, and prove the speed a vehicle was going when a crash occurred, even though excessive speed is one of the most common contributors to traffic accidents. There are some things you can do to support your speeding allegations:
- Talk to witnesses and get their contact information. You may need them to come in and give a statement or testify in court if your case requires going to trial.
- Request a copy of the police report. Law enforcement may estimate the speed of each vehicle or mention that speed was likely a factor in their report.
- Seek video of the crash or shortly before the crash. Businesses in the area, for example, may have surveillance footage that shows the other driver speeding significantly faster than other traffic.
If you hire a car accident attorney to work on your case, they may take steps to look at accident forensics with help from accident reconstruction experts. This is a resource that is likely unavailable to you unless you are working with a personal injury law firm. These investigators may be able to determine the speed of each vehicle, who applied brakes, and other details. This could require them to document and analyze skid marks, damage to each vehicle, the accident scene, and other data.
For a free legal consultation, call 800-537-8185
Was Speed the Cause of My Car Accident?
While speed is a common contributor to collisions and can play a significant role in the cause of an accident, it is not the sole cause of crashes. It cannot hurt to show the other driver was driving at a dangerous or reckless speed when a collision occurred, but you will also need to show the other driver acted negligently in other ways.
The most important cause of the accident is what happened immediately before the crash and directly caused it. For example, if a driver was speeding and failed to stop at a red light, running the traffic light would be the cause of the collision, with speeding being a contributing factor.
Proving Negligence
To win compensation in a car accident case, you must prove the driver acted negligently. This requires showing:
- The driver had a duty to behave a certain way but breached that duty
- This directly caused the collision
- You suffered injuries and financial losses as a result
In the previous example, you would need to show:
- The light was red, but the driver failed to stop
- Their failure to stop caused the crash
- You have recoverable damages such as medical bills, lost wages, and more
Evidence Commonly Used to Prove Car Accident Cases
Each case is different, but many share the same types of evidence. Some of the evidence commonly used to support auto collision claims and lawsuits include:
- Reports filed by law enforcement
- Witness statements
- Photos from the scene
- Video of the crash
- Physical evidence such as the damaged vehicles
- Accident reconstruction
- Expert testimony
- Documents showing the victim’s damages
If you work with a collision attorney, they will gather this evidence and handle the investigation into your case on your behalf. They generally work based on a contingency fee. They will not ask your family to pay anything up front or pay an hourly fee. Instead, they are paid a portion of the compensation they recover for you in your case.
You only have a limited time to get started. Deadlines include:
- One year in Louisiana, Louisiana Civil Code § 3492
- Two years in Alabama, Ala. Code § 6-2-38
- Three years in Arkansas, Ark. Code Ann. § 16-56-105, and Mississippi, Miss. Code Ann. § 15-1-49
Consider speaking with an attorney near you about how you can prove your car accident case as soon as your injuries are stable or you reach maximum medical improvement. Waiting too long could jeopardize your ability to recover money damages.
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Reach a Morris Bart, LLC Lawyer for Your Free Case Review
The Morris Bart law firm helps victims prove their car accident claims and recover compensation. Our team of attorneys provides free case evaluations and represents clients based on contingency fees. We are here to help those hurt by another driver’s reckless behavior get money damages for their injuries and other losses. We have 15 locations throughout Louisiana, Mississippi, Alabama, and Arkansas.
Call (800) 537-8185 to connect with a lawyer near you for your free consultation today.
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