Involvement in a car accident can leave you with expensive repairs and painful injuries. While some accidents are just that, an accident that occurs from a mistake, others are the result of neglectful driving, like speeding. In some cases, if the other driver is responsible for your accident and acted in a neglectful way, then you might be able to collect compensation.
Determining Negligence in a Car Accident
If another driver was negligent in a way that caused your car accident, then they might be liable for any incurred damages. Determining negligence requires the following important elements:
- Legal duty of care: The other driver must have owed you a legal duty of care. When a driver operates a vehicle, they are accepting that they have a legal duty of care for the safety and wellbeing of the other drivers on the road.
- Breach of duty: We must also demonstrate that the responsible driver breached that duty of care in one way or another. If the driver was speeding, then that breach of duty would be due to negligence.
- Causation: We must also connect that the negligent speeding of the other driver was the cause of the accident.
- Actual damages: Determining negligence and cause is not enough when considering personal injuries. We must also demonstrate actual damages that can be compensated.
Speeding is an illegal activity in each of the 50 states. Of course, the speed limits and legal consequences vary from state to state. But, one thing is consistent. If the driver is speeding and causes an accident, then you might be eligible to collect compensation from them.
Determining Proof In a Speeding Case
While speeding is illegal, it is not always easy to identify proof in a speeding case because by the time the two vehicles have collided, they are no longer moving. At this point, it may be one driver’s word against the others. If you believe that a speeding driver was a factor in your car accident case, then we will rely on the following for proof when building your case:
- Witnesses: Witnesses can attest to what they witnessed at the time of the accident. Witnesses might also include expert witnesses who are experts in the industry.
- Police report: A police report can also help your car accident case. A police report will usually include specific details about the accident. If any tickets were given, especially for speeding, this can be a form of proof.
- Physical evidence: Physical evidence can also be used to demonstrate that a driver was speeding at the time of the accident. Physical forms of evidence might include a GPS tracker, road debris, tire marks, or even the damage on each of the involved vehicles.
Determining breach of duty is one of the most difficult parts of building a car accident case that involves speeding. When you work with a team of experienced car accident lawyers, they will help you build your case to determine who is not only responsible, but also liable for the damages present.
Contact a Ringwood Personal Injury Lawyer to Discuss Your Car Accident Case in New Jersey
Did you or a loved one sustain serious injuries due to a car accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at the Law Office of Silverman & Roedel, LLC represent clients injured because of a car accident in Clifton, West Milford, Ringwood, Little Falls, and throughout New Jersey. Call (973) 772-6411 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 1187 Main Avenue, Suite 2C, Clifton, NJ 07011.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.