Speeding is one of the leading causes of car accidents in Tonawanda. A driver who caused a motor vehicle accident as a result of speeding can be held liable for the losses or damages that were caused to another person. A speeding accident lawyer can assist you in determining liability and ensuring that you receive compensation for the losses you incurred.
A personal injury claim for a car accident due to speeding may include the following damages:
- The cost of repairing damage to your vehicle or other property.
- Medical bills and expenses.
- Loss of wages or income.
- Loss of quality of life.
- Pain and suffering or emotional/mental distress.
- Loss of a relationship or consortium.
- Punitive damages over and above the compensation you are awarded.
Buffalo car accident lawyers will assess your unique speeding accident case and determine which types of damages you can sue for and the amount that you can claim. Give us a call on (716) 261-2614 today for a free assessment.
Table of Contents
How Does Speeding Increase The Chance Of Causing An Accident?
There are 5 factors that increase the risk of causing a car accident and the severity of the accident:
- The driver has less time to react, slow down or stop to avoid causing an accident.
- The traveling distance of the vehicle is increased while the driver takes time to react.
- Speeding creates difficulty in navigating the road such as bumps, corners, and turns.
- A driver who is speeding is more likely to lose control of the vehicle and cause an accident.
- Higher speeds increase the impact in a collision and therefore the extent of damage and severity of injuries that are caused.
It is important to be aware that speeding limits for certain roads are implemented as the safer speed to drive on that specific road. Driving in excess of the speed limit is breaking the law and can result in a major car accident.
How Can I Prove That The Other Motorist Was Speeding When They Hit Me?
There are a number of different methods that are commonly used to prove a driver was speeding when they collided with another vehicle or obstacle resulting in an accident:
- Data from the onboard navigation system, vehicle tracking system, or electronic data recorder. It may be necessary to subpoena this information.
- Video recordings from traffic cameras, CCTV surveillance cameras, or an onboard dash camera.
- Witnesses that saw the accident and are certain the driver was going too fast.
- Expert witness testimony to assess the extent of damage to your vehicle relative to the speed the other car must have been driving to cause such damage.
Keep in mind that increased speed results in greater damage to a vehicle and more severe injuries. Impact studies can help determine the speed at which the vehicle was driving when it caused the accident relative to the damage and injuries that were sustained.
How Long Do I Have To Make A Speeding Car Accident Claim In Tonawanda, New York?
The statute of limitations for personal injury claims is three years in the state of New York. This means that you have exactly three years from the date of the accident to file your claim for compensation in a personal injury lawsuit.
Why Do I Need A Speeding Accident Lawyer?
Although it is not legally required to have legal representation in a personal injury case involving a car accident that resulted from speeding, it is highly recommended. Your expert speeding accident lawyer will provide the following services:
Investigate the accident to determine the grounds for your personal injury claim and who is liable. Assess your case to determine what type of damages you can claim and the amount of compensation that will be fair in recovering your losses.
Negotiate a settlement with the speeding driver, their lawyers, or insurance company. Insurance companies notoriously look for any reason they won’t have to pay or pay you less than you deserve. Often, a letter from a lawyer is enough to turn a refusal to pay into receiving fair compensation for your losses.
Prepare and present your case in a civil court proceeding should negotiations fail. A speeding accident lawyer will do their utmost to settle your case out of court unless you insist on going to trial. There are three reasons for this:
- Court trials can be time-consuming which means you will have to wait longer to be paid the compensation that you deserve.
- Court cases are costly.
- There is no certainty about the outcome of the trial. It is up to a judge and jury to decide whether you will be awarded compensation and the amount of compensation that you are awarded. There is no guarantee that you will be awarded any compensation or what the amount will be.
How Much Will A Speeding Accident Lawyer Cost?
The personal injury lawyers at Buffalo Car Accident Lawyers work on a contingency basis. This means that getting paid our fee is dependent on whether or not we win your case. If we don’t win, we don’t get paid. When we do win your case, we will charge a small percentage of the compensation you are awarded to cover our legal fees and costs. This gives us a greater incentive to provide you with the best legal representation to ensure that you receive compensation in the greatest amount possible.
Comparative Fault Law In New York
It is important to note that New York is a 100% comparative fault state. This means that when a degree of fault can be assigned to each party involved in the accident, the compensation you receive will be comparative to your degree of fault.
For example, if you were found to also be speeding when the accident happened, you contributed to the accident. If the degree of fault assigned to you is 80%, then you will only receive 20% of the compensation that was awarded to you.
If you have been in a car accident that was caused by another driver speeding, you may have a claim for compensation (even if you were partially at fault for causing the accident).
Contact Buffalo Car Accident Lawyers in New York today to schedule a free consultation and get started on filing your personal injury lawsuit.
