How to Prove Another Driver was Speeding and Caused Your Crash

In Florida, speeding has been one of the main causes of car accidents for decades. In Tampa specifically, the combination of local commuters, tourist traffic, and weather conditions that change rapidly creates ideal conditions for speed-related accidents. Even if you believe the driver who caused your accident was speeding at the time, you may not know how to prove it. Still, it is critical that you do prove your case so you obtain the full damages you deserve. Below, our Tampa car accident attorney explains in further detail.

Speeding and Negligence Per Se

In many personal injury cases, you must prove another driver was negligent. This means you must prove the negligent driver owed you a duty of care, breached that duty, and caused the accident. You must also establish the full damages you suffered due to the breach of duty.

Negligence per se is similar to negligence, but there is a difference. With negligence per se, you must only show that the negligent driver broke the law and that you suffered damages as a result. When a speeding driver caused your crash, you must prove that they were driving over the posted speed limit at the time of the accident. Still, you must present certain evidence that can prove your case.

Physical Evidence After a Speeding Accident 

One of the strongest types of evidence when proving speeding are photos and video footage of skid marks. Accident reconstruction specialists will use a specific formula to determine the approximate speed of the negligent driver. Damage to the vehicles such as intrusion into the passenger compartment and crushed zones to indicate the speed of the crash. Today, the majority of vehicles have event data records (EDRs), also called black boxes, installed in them. These devices record a detailed set of data, including the vehicle’s speed at the time of impact.

Digital Evidence After a Speeding Accident 

There are a number of speed cameras in Tampa, particularly in school zones. Additionally, a number of Florida businesses today have video surveillance of the outside of their business, including the road. This footage is objective and often includes a time stamp. It can also fill in any gaps in the timeline of the crash and corroborate statements from eyewitnesses.

Medical Evidence After a Speeding Accident 

Medical professionals can conduct an analysis to determine the speed necessary to cause serious injuries. For example, certain types of spinal fractures or traumatic brain injuries only occur when there is a minimum threshold of force. If you have suffered these injuries, it can prove that a driver was speeding at the moment of impact.

Our Car Accident Attorney in Tampa Can Prove Your Case

If you have been injured by a speeding driver, you may be able to claim compensation from the liable party. At Moore Law, our Tampa car accident attorney can advise on the evidence that can strengthen your claim and help you collect it so you obtain the full settlement you are entitled to. Call us now at 813-510-5400 or contact us online to request a consultation and to get the legal help you need.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.183.html