The Art & Science Behind Proving the Car that Hit You Was Speeding | Kisling, Nestico & Redick
Kisling, Nestico & Redick, LLC Hurt in a Car? Call KNR.
It may seem obvious that a speeding driver is responsible for your accident and injuries, but proving fault is more difficult than most anticipate.
Written by
KNR Legal
Date posted
May 12, 2023

Many Ohio car wrecks are caused by drivers disregarding speed limits. On a national scale, the National Highway Traffic Safety Administration (NHTSA) reports an estimated 308,013 people injured in 2020 and 11,258 fatalities in speeding-related crashes.

If you or a loved one are injured in a collision, it may seem obvious that the speeding driver is responsible, but it can be more difficult to prove than most anticipate. You may be entitled to compensation for your losses, but how can you demonstrate that the car that hit you was going too fast?

Determining fault is critical to getting what you deserve. Our Ohio car accident lawyers discuss car accidents caused by speeding and some ways to prove that the other driver neglected their obligation to you.

Speed-Related Car Accident Facts

  • 28% of fatal crashes and 13% of injury crashes in 2020 were speeding-related.
  • Speeding-related fatalities in 2020 increased by 17% from 2019, from 9,592 to 11,258.
  • Drivers who were speeding when involved in fatal crashes in 2020 had a BAC of .08 or greater.
  • 34% of motorcycle riders involved in fatal crashes in 2020 were speeding.
  • 53% of speeding driver fatalities in 2020 were unrestrained at the time.
  • 87% of speeding-related fatalities in 2020 occurred on non-interstate roadways.

How Speeding Influences Car Accident Injuries

When a negligent driver is speeding or otherwise going too fast for the road conditions, it can significantly affect the severity of injuries you may be dealing with after a collision. Here are the major ways an at-fault driver’s speed can result in more severe damages and losses:

  • Increased force of impact: When a vehicle travels at high speed, it has more kinetic energy. When this energy is transferred to the other vehicle or object involved, it can result in severe injuries.
  • Decreased reaction time: When drivers speed, they have less time to react to changes in traffic conditions or other hazards. This reduced reaction time can lead to an accident.
  • Less effective safety features: Safety features such as airbags and seat belts are designed to protect occupants in the event of a crash. However, these features may not be as effective at high speeds in preventing injuries or fatalities.

Ways to Prove Speeding Caused Your Accident

When you’re in a car accident, it’s unlikely that the other driver will freely admit they were going over the posted speed limit. They may deflect, deny fault altogether, or stay quiet.

You will need to provide more than your observations to prove that the other driver was speeding and, therefore, responsible for the accident and your injuries. You need evidence they were speeding.

Look for Signs of Speeding

The first thing you should do is identify any telltale signs of speeding. For instance, did the car leave skid or tire marks on the road? Did the other driver mention they were in a hurry? This can indicate that the other driver was going too fast.

Get Eyewitness Accounts

Eyewitness accounts can be valuable in proving that the other driver was speeding. If there were any witnesses to your accident, ask them what they saw, and try to gauge how fast they thought the other car was going. Get their contact information so you or your attorney can follow up with them later.

Police Reports & Speeding Tickets

Any serious car accident should have an official police report. These reports should offer objective evidence from a police officer about their observations relating to the accident.

If the officer noted anything about the other driver’s speed at the time of the accident, it should be in the report. In addition, if the other driver was cited or ticketed for speeding, that can also be compelling evidence of speeding.

Collect Video Evidence (If Applicable)

You can likely obtain the video footage if the accident occurred in an area with surveillance cameras, such as at a gas station or convenience store. This can provide evidence of the other driver’s speed.

Many busy intersections also have traffic footage, and newer cars often have dashboard cameras that record video of the road ahead. This footage can also be used as evidence.

The Other Vehicle May Collect Speed Data

Like dashcams, many newer cars and commercial vehicles are equipped with GPS and event data recorders (EDRs), also known as “black boxes.” Similar to the devices on large trucks and airplanes, EDRs can provide valuable information about the other driver’s speed and other contributing factors. Act quickly to obtain this information, as the data may be overwritten after a certain time.

Use an Accident Reconstruction Expert

If you are serious about proving that the other driver was speeding, you may consider hiring an accident reconstruction expert. These experts use scientific methods to reconstruct the accident and determine factors such as speed, the direction of travel, and impact forces. They can provide expert testimony in court to help you prove your case.

Techniques & Tools Used to Prove Speeding

Accident reconstructionists and other professionals like engineers can use a combination of scientific techniques and tools to analyze the evidence involved in a collision and determine the speed at which the vehicles travel. This information can help determine fault and support a personal injury claim.

Here are some ways accident reconstruction experts and engineers can confirm that a driver was speeding:

  • Momentum & energy calculations: The momentum and energy of the vehicles involved can be used to estimate the speed at which they are traveling. Experts will use data such as the weights of the vehicles, the distances they traveled, and the amount of damage to make these estimates.
  • Skid Mark Analysis: Skid marks left on the road can provide clues about the speed of the vehicles. The length and shape of the skid marks can be used to estimate the rate at which the car was traveling and other factors, such as whether the driver applied the brakes.
  • Vehicle Damage Analysis: The extent of damage to the vehicles can also provide information about the speed at which they are traveling. For example, extensive damage to the front of a car may indicate a high-speed collision.
  • Time-Distance Evaluation: Experts can use the location of the vehicles at different points in time to calculate their speed. For example, if a vehicle travels a certain distance in a certain amount of time, you can determine its speed.
  • Computer Simulations: Accident reconstruction experts may use computer simulations and software to recreate the accident and test different scenarios. This can assess the speed at which the vehicles traveled and other accident details.

Filing a Claim or Lawsuit Against a Speeding Driver

If you or a loved one were hurt in a car accident caused by a speeding driver, you could pursue compensation for the various losses related to your accident. A personal injury claim may allow you to recover damages for medical expenses, lost wages, pain and suffering, and other losses associated with the accident.

When car accidents occur at high speeds, the damage and injuries increase significantly. By demonstrating the other driver was going too fast, you can better present a stronger argument that they violated their obligation to follow the traffic laws and that negligence led to what you endured.

Proving a driver was speeding takes evidence, and while confirming that the other driver was speeding can be challenging, it is not impossible. These methods and effective legal representation allow you to collect what you need and build a strong case for the compensation you deserve.

Just remember to act quickly, as some evidence may be lost over time or in the control of the alleged speeding driver. If you are unsure how to proceed, consult an experienced personal injury attorney who can guide you.

Call KNR for a Free Car Accident Evaluation

The Ohio car accident attorneys at Kisling, Nestico & Redick know what to do if another driver’s reckless speeding caused you harm. Let us assess your case, gather the evidence necessary to prove your case, and maximize the compensation in your case.

Call 1-800-HURT-NOW or use our online form to set up a free, no-risk consultation.