What Happens If You Cause a Car Accident Because Of Speeding?

According to the National Highway Traffic Safety Administration (NHTSA), speeding is among the most common causes of fatal car accidents, resulting in more than 9,000 deaths on U.S. roadways each year and as well as thousands of injuries. Speeding is considered a factor in about one-quarter of all fatal traffic accidents. What happens if you cause a car accident because of speeding? The simple answer to that question, in most places, is that you can face not only criminal consequences for the accident but civil consequences as well.

The Dangers of a Car Accident While Speeding

Speeding refers not only to driving faster than the posted speed limit but also driving too fast for the conditions of the road. Some of the most common reasons drivers give for speeding when they receive a ticket are circumstances that many of us deal with every day, including running late, traffic congestion, and a sense of detachment that individuals often feel within the confines of their own vehicle towards everything else outside it.

As a driver, it is up to you to understand when, for safety’s sake, you need to slow down below the posted speed limit in order to drive safely, such as when there is heavy rain, fog, or traffic congestion. Speeding creates a number of hazards, including:

• Decreasing your ability to control the vehicle.
• Decreasing the amount of time you have to perceive a danger on the roadway and react by depressing the brakes.
• Increasing the amount of distance it takes for your vehicle to come to a complete stop after you have depressed the brakes.
• Reducing the effectiveness of your car’s safety equipment, including the seat belts and airbags, places you and the occupants of your vehicle at greater risk of serious injury.
• Increasing the severity of the crash, which often results in an increase in the severity of injuries to the occupants of the damage to any vehicles involved in the collision. As noted by the AAA Foundation for Traffic Safety, an occupant in a vehicle traveling at 40 mph has a 15 percent or greater risk of suffering a severe injury. This risk jumps to 59 percent if the vehicle is traveling at 50 mph. At 55 mph, the risk of serious injury increases to 78 percent.

Civil Liability for Injuries and Property Damage

In addition to the potential of injuring yourself and the monetary and other consequences that come with receiving a traffic ticket, if you cause an accident that results in injuries to the occupants of another vehicle or damages their vehicle, you and your insurance carrier can be held liable for the expenses and impacts your actions caused to someone else through a personal injury lawsuit.

A personal injury lawsuit is a legal claim filed in civil court that seeks to prove who was liable (legally responsible) for causing the accident and showing the costs and the impacts that the victim incurred as a result of personal injury sustained in the accident. Your insurance provider can either choose to pay the claim, attempt to settle the claim for a lower amount, or answer the claim in court. In Louisiana, a victim of a car accident because of speeding has one year to file a claim in court.

If the claimant is able to prove that the accident and injuries were a result of your speeding, he or she can seek compensation for expenses and impacts such as:

• Medical expenses.
• Lost wages as a result of being too injured to work.
• Loss of future earning capacity if the injury results in a permanent disability that renders the claimant unable to earn in the same capacity as he or she was before the accident.
• Property damage resulting from the accident, such as the cost of repairing or replacing the claimant’s damaged car.
• Physical pain and suffering.
• Emotional distress.
• Loss of the enjoyment of life.

Many individuals believe that since their insurance policy is paying for the injuries and property damage caused by their actions, the consequences of speeding will not affect them very badly. However, if your insurance declines payment of the personal injury claim or the claim exceeds your policy limits, you can still be held personally responsible for the remaining debt owed to the claimant. Additionally, your insurance company could decide to drop your coverage or — more likely — dramatically increase the cost of your premiums. Many insurance providers are reluctant to provide coverage to those considered “high risk” due to past accidents and moving violations, meaning you could be forced to seek an assigned risk plan through the state as a last resort.

Contact a Traffic Ticket Attorney Right Away

If you have been involved in a car accident caused by speeding, contact us right away for a free consultation.