Maison Law represents anyone that’s been injured in a car accident in California. There’s many different factors that go into a typical car accident, but one of the most universal is speeding. On top of being dangerous, it makes collisions much more impactful. If you or someone you care about has been hurt in a car accident caused by speeding, we can help. Contact us today for a free consultation to learn more.
Should You Get a Lawyer?
Being in a car accident is incredibly difficult, no matter what caused it. But your legal options are pretty dependent on how serious the accident is and how hurt you are. And when your accident is caused by someone that was speeding, it usually means more serious injuries. So, while you don’t technically need a lawyer to file a claim, it doesn’t mean you shouldn’t get one.
At Maison Law, our team of experienced car accident lawyers knows how to help clients in your situation. We can:
- Explain what your options are
- Help you gather evidence and information
- Figure out who’s liable
- Negotiate and stand up for your claim with insurance companies
- File a lawsuit, if necessary
When someone is speeding, it’s extremely dangerous. That’s why there are laws against it, but unfortunately, this is also one of the most common factors in many car accidents. When you’re involved in one, it’s vital to look at the legal process at your disposal.
What Damages Can You Get After a Speeding Accident in California?
In California, if you’re hurt in a car accident caused by someone that’s speeding, you typically have two main options for seeking damages: filing an insurance claim or filing a lawsuit. An insurance claim is usually quicker, but it hinges on the insurance company’s willingness to offer a fair settlement, which is often not the case because they want to minimize payouts. On the other hand, a lawsuit can take more time but may lead to a more comprehensive financial support for your losses.
In terms of your damages, they’re going to be closely related to your injuries and other impact from the accident itself. Generally, this involves things like:
- Medical expenses and future care needs
- Lost wages or diminished earning capacity if you’re unable to work
- Costs for repairing or replacing your car and other damaged property
- Financial support for pain and suffering due to your injuries
- Emotional distress stemming from the accident
- Loss of quality of life or companionship
- Expenses related to wrongful death, if applicable
- Punitive damages in certain situations
Like any car accident, you must file your claim within California’s “statute of limitations,” usually two years from the accident. Missing the deadline could mean losing the chance to recover damages. If you’re partly at fault, your damages may be reduced, so it’s important to take steps to protect your claim.
How Can You Protect Your Claim After a Speeding Car Accident?
Even though speeding is a fairly common cause of car accidents in California, that doesn’t mean it’s easy to navigate. In particular, the aftermath of the accident can be challenging. As we’ve covered, speeding makes a car accident much worse in terms of the injuries and other impacts. Even still, you have to take steps to protect your potential claim:
- Get to safety – First, move to a safe location away from traffic and call 911 for medical help. Even if you feel fine, it’s important to have EMTs check you at the scene or take you to the hospital, as some injuries may not be immediately obvious.
- Call the police – At the same time, ask the 911 dispatcher to notify local law enforcement, such as the California Highway Patrol (CHP) or local police, so they can come and manage the scene.
- Collect evidence – If possible, take photos of the accident scene, your vehicle’s damage, and damage to the other vehicle(s) involved, as well as visible injuries and other factors like skid marks. Also, get contact information from witnesses who can provide statements later that confirms the speeding.
- Keep records – Maintain detailed records of all medical appointments, insurance communications, and expenses. These documents are very important for your claim and will help prove your damages.
- Be careful with statements – Be cautious about discussing the accident, especially with Insurance reps. They may try to misinterpret your words to devalue your claim, so stick to the facts. Keep from posting about the accident on social media as well.
By following these steps, you’ll strengthen your claim and show that you’ve responsibly handled the aftermath of the accident. This is incredibly helpful for a judge and jury, but there’s a very important factor that goes along with your claim: figuring out who pays for your damages.
Who Pays For Damages After a Speeding Accident?
Speeding isn’t just dangerous, it’s illegal. As such, speeding and causing an accident is a fairly stark example of negligence. This makes liability in a speeding-related accident clear-cut: the driver who was speeding will bear most of the legal responsibility for paying for your damages.
However, like any car accident, others might be involved:
- Owner of the car – If the driver was using someone else’s car, the owner might be responsible.
- Employer – If the driver was working at the time of the crash, the employer could be liable.
- Vehicle manufacturers – A defect in the car, like faulty brakes, could make the manufacturer responsible.
- Government agencies – Poor road conditions or missing signs might make a government agency liable.
- Other drivers – Another driver’s actions, like cutting off the speeding car, could also play a role.
Obviously, every car accident is different. However, when there’s one caused by speeding, it’s not always going to be the driver that’s solely responsible. At the same time, what you need to focus on is your health and safety first. From there, looking at how speeding causes an accident can help you be better prepared.
How Does Speeding Cause a Car Accident?
It’s not complicated to see why speeding causes a car accident: going too fast for the particular road cuts down on reaction time and makes it much more difficult to control the car. But your options are going to depend on the specifics of your accident, so it’s important to look at all the factors that come with speeding:
- Less reaction time – When driving too fast, there’s less time to react to sudden changes, like another vehicle stopping or a pedestrian crossing.
- Reduced control – Higher speeds make it harder to control the vehicle, especially around curves or in poor weather conditions.
- Longer stopping distance – It takes longer to stop when speeding, increasing the risk of rear-end collisions.
- Increased severity of impact – Speeding definitely increases the force of a crash, which in turn causes more severe injuries and damage.
Again, speeding is one of the ways that a “normal” car accident is made much worse. This doesn’t change your legal options as a victim, but it does make everything else harder because you’re likely to face more damage. You don’t have to go through the legal process alone, though. Our team can guide and support you.
Contact Maison Law After a Speeding Accident in California
If you were hurt in a speeding accident in California, Maison Law is here to help. Our experienced California car accident lawyers will personally handle your case, giving you clear advice and focused attention. Contact us today for a free consultation to learn how we can help you in this situation.
