If you are injured in a car accident that you believe was caused by a speeding driver, establishing their rate of speed can be challenging. However, proving their speeding is essential to the success of a personal injury claim.
Georgia courts determine liability based on a driver’s negligence. Speeding is a form of negligence. All drivers on Georgia roads have a legal duty to obey the traffic laws and drive reasonably, which means driving within the posted speed limits.
A driver’s rate of speed is a crucial factor in determining fault for an accident. But how can you prove it?
Witness testimony and camera footage
Talk with witnesses after the accident. Obtain their contact information and ask what they saw happen. Eyewitness testimony that a driver was speeding just before an accident can be strong evidence.
Speak with nearby home or business owners to see if footage of the accident was captured on camera. Many homes and businesses have surveillance systems that can be used to prove fault in a car accident.
Photos from the car accident can be extremely useful evidence. Accidents caused by speeding typically cause significant damage and sometimes a photo can help demonstrate that such damage would not have occurred unless a driver was speeding.
Consider an accident reconstruction expert
Depending on the circumstances, an accident reconstruction expert could be a valuable addition to your case. This is an individual with specific training who uses scientific analysis to develop a theory on how exactly an accident occurred.
Part of this analysis typically involves determining the speeds of vehicles before and during the accident. Evidence used to determine speed could include the length of skid marks, damage to the surrounding area and the amount of damage a vehicle sustained.
Georgia negligence law
Georgia uses a modified comparative negligence rule when determining liability in car accident cases. This means a court assigns a percentage of negligence to each driver and adjusts compensation accordingly. If a driver is found to be 51% or more negligent, they cannot recover compensation at all.
For example, perhaps you prove the other driver was speeding, but evidence shows you were distracted at the time of the accident. A court might conclude that you were 60% negligent and the speeding driver was 40% negligent.
If you requested $100,000 in damages, under the modified comparative negligence rule, you would not recover anything. However, the numbers were reversed and you were found to be only 40% negligent, your damages would be reduced by 40% and you would recover $60,000.
Putting on the strongest possible case
Drivers must adhere to speed limits, as speed limits were specifically enacted to reduce the risk of serious car accidents and keep drivers safe. Speeding drivers place everyone else on the road in danger. Additionally, accidents that occur at high speeds generally cause greater damage.
Due to the potentially harsh outcome under comparative negligence laws, proving that another driver was speeding could be critical to your ability to recover compensation.