Speeding is a leading cause of car accidents in Summerville. The faster a driver goes, the greater the likelihood of a crash and the more severe the potential injuries. If a speeding driver caused an accident that injured you, don’t wait to get legal help. The team at Murphy Crantford Meehan is here to fight for justice on your behalf. Contact the premier Summerville speeding car accident lawyers for a free case review at (843) 960-3546.
How can I prove the other driver was speeding in a car accident case?
Proving that another driver was speeding in a South Carolina car accident can be challenging. However, it’s possible with the proper evidence and expert testimony. If a speeding driver injured you in a car accident, working with an experienced South Carolina attorney is crucial. They can help you gather the necessary evidence, such as police reports and citations, to prove liability and seek fair compensation.
Gather Police Reports and Citations
One of the most straightforward ways to prove that the other driver was speeding is through the police report. Officers who respond to an accident often document the scene and note whether the two parties involved in the accident engaged in speeding or other detrimental actions. If the police cited the driver for speeding, they would include that citation in the police report, which can be used as evidence in your case. Your attorney can help you obtain and interpret these documents from law enforcement officials.
Use Speeding Tickets or Criminal Charges
In some cases, the at-fault driver may be issued a speeding ticket or face criminal charges related to the accident. A speeding ticket can be essential evidence to prove the driver’s speed during the collision. While a ticket is not conclusive proof of negligence, it can show that the driver was speeding and provide valuable information for your case. If the police file criminal charges against the driver for speeding, this may also be supporting evidence.
Witness Testimony
Eyewitnesses who saw the accident or the driver before the crash can play a crucial role in proving that speeding was a factor. If witnesses testify that the driver was speeding or driving recklessly, their statements can support your claim. In addition, eyewitnesses may describe the driver’s behavior, such as swerving or tailgating, which can help establish that speeding contributed to the crash.
Surveillance Footage
In South Carolina, many intersections, highways, and businesses have security cameras that can capture all the moments leading to an accident. An experienced attorney can use this crucial footage showing the vehicle’s speed or its proximity to other cars to demonstrate that the driver was speeding.
Expert Testimony
In many car accident cases, expert testimony can help establish the cause of the accident. An accident reconstruction expert can analyze the scene, the vehicle damage, and other factors to determine the speed at which the other driver traveled by using specialized software and mathematical formulas.
Vehicle Damage and Impact Analysis
The extent of damage to the vehicles involved in the accident can also provide insight into the other driver’s speed. Generally, the more severe the damage, the higher the likelihood that the driver traveled at high speed. Analyzing the impact can help an expert determine how fast the vehicles were going when they collided. This can strengthen your case if the damage is consistent with a high-speed impact.
Black Box Data
Modern vehicles often have ‘black boxes’ or Event Data Recorders (EDRs) that record information about the vehicle’s speed, brake patterns, and other driving behavior. If the at-fault driver’s vehicle has an EDR, an attorney can work to retrieve this data as part of the investigation. The data from the EDR can provide hard evidence of the vehicle’s speed just before the accident, which can be crucial in proving the other driver was speeding.
Road Evidence and Skid Marks
Skid marks left on the road after a collision can also explain the driver’s speed. In some cases, a forensic analysis of the skid marks can help determine how fast the vehicle traveled before the brakes were applied. An expert in accident reconstruction can analyze the skid marks and the length of the braking distance to estimate the vehicle’s speed.
Can I still file a claim if I was partially at fault in a speeding-related accident?
In South Carolina, you can still recover compensation for your injuries, but the amount you are awarded may be reduced based on the percentage of fault you share in the accident. Understanding how this works is crucial, as it can impact the compensation you may receive.
South Carolina’s Comparative Negligence Law
South Carolina operates under a modified comparative negligence rule. This means that if you are found to be at fault in the accident, your compensation will be reduced in proportion to your degree of fault. For example, if the court determines that you were 20% at fault for the accident, your compensation will be reduced by 20%. This is a crucial aspect of South Carolina law because it allows you to recover damages even if you are partially responsible. Still, it also limits how much you can recover based on your level of fault.
However, there is a limit to how much fault you can share when requesting compensation for your injuries. If you are determined to be 50% or more at fault, you are barred from recovering any compensation for the accident. This rule helps prevent individuals primarily responsible for an accident from unfairly receiving compensation from other parties. Comparative negligence is applied to both economic damages (like medical bills and lost wages) and non-economic damages (such as pain and suffering).
How Fault Is Determined
Determining fault in a speeding-related accident can be complex. Several factors are considered, including:
- The speed of the vehicles: If one driver was speeding and caused the accident, a court may deem them more at fault. However, their degree of fault will also be assessed if the other driver contributed to the accident (e.g., by failing to signal, not yielding, or driving recklessly).
- Traffic laws: If one driver breaks a traffic law by speeding, this will likely make them more liable for the accident.
- Contributory factors: If you were partially at fault—such as by failing to brake in time or being distracted—a court could find you partially responsible. However, the speeding driver could still share a significant portion of the fault.
An experienced attorney will gather evidence to prove your case. This evidence might include accident reports, eyewitness testimony, traffic camera footage, and expert opinions from accident reconstruction specialists. This will help determine the degree of fault each party holds and how it affects your ability to recover compensation.
How Comparative Negligence Affects Your Claim
If you were partially at fault in a speeding-related accident, you can still recover compensation for your injuries. However, your potential award will be adjusted according to your percentage of fault. For example:
- If a court finds you to be 20% at fault for the accident and the total damages amount to $100,000, you will receive $80,000 of the award.
- If a court finds you to be 50% or more at fault, you will not receive compensation for your injuries or losses.
This rule can protect you in the event that you are not primarily at fault. However, it also limits the money you might receive. This dynamic is why it is so crucial to work with an experienced car accident attorney. They will know how to minimize your share of fault in order to maximize your compensation.
What types of compensation can I recover after a speeding-related car accident?
If you are found to be partially at fault but less than 50% responsible, you may be entitled to compensation for the following:
- Medical expenses: Emergency care, surgery, medication, physical therapy, etc.
- Lost wages: Compensation for time missed from work due to the injury.
- Pain and suffering: Non-economic damage for the physical and emotional toll the injury has caused.
- Property damage: Costs to repair or replace your damaged vehicle.
How long do I have to file a lawsuit for a speeding car accident in South Carolina?
In South Carolina, the statute of limitations for filing a car accident claim is three years from the accident date. You have three years to file a lawsuit for personal injury or property damage resulting from the crash. If you do not file within this time frame, you may lose your right to seek compensation for your injuries.
Navigating all these rules, regulations, and laws is undoubtedly tricky. It is even more challenging to do after a Summerville speeding accident has injured you. At Murphy Crantford Meehan, we always treat our clients with the care they deserve as they recover from their injuries. Our experience with the South Carolina court system will help us to handle your case efficiently and effectively. What’s more, there’s no fee unless we recover money for you. Don’t wait another minute to speak with a Summerville car accident lawyer about your claim. Contact us today, and let us help you get the compensation you deserve.
