Who’s At Fault in a Car Accident? A Guide to Liability in Ohio
Posted in: Car Accidents
KNR Legal Blog
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.
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:
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.
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.
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.
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.
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.
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.
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.
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:
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.
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.