The National Highway Traffic Safety Administration (NHTSA) reports that in a recent year, speeding contributed to about 26 percent of all fatal accidents. Specifically, speeding led to at least 9,478 deaths on the roads of the U.S., and most of these fatalities were preventable had drivers operated their vehicles at a safe speed. When someone dies in a speed-related accident, the speeding driver and their insurance company should be responsible for compensating the close family members of the deceased. After a tragedy like this, money can never make things right, but it is the primary legal remedy for families dealing with this type of unexpected tragedy. If you lost a close loved one in a car accident and believe another driver was to blame, you should not wait to speak with a car accident lawyer about a possible wrongful death claim as soon as possible.

Total Speeding Related Accidents in Cape Girardeau

Source: www.flhsmv.gov/

Learn more about Missouri car accident statistics and the laws around filing a claim from our experienced lawyers by scheduling a free consultation.

Speed Limits

Every street and highway across the country has a speed limit. Local or state agencies set these speed limits based on research, road design, risks of a certain stretch of road, and other factors. There are different types of speed limits, which include:

• Statutory speed limits – The legislature of each state can set a default speed limit for each type of road, and these limits apply even without a posted speed limit on a certain stretch of road. These might include 55 miles per hour on rural state highways, 25 miles per hour in residential areas, or 70 miles per hour on interstate highways.
• Posted speed limits – We see these limits on the signs on each road and highway. When there is a posted speed limit, this is what applies instead of a statutory limit.
• Advisory speed limits – Some speed limits differ from the general posted limit due to special conditions on a certain stretch of road. For instance, a sharp curve might have a sign with a lower speed limit for the curve only. After the special condition passes, the usual posted or statutory limit resumes.
• Speed limits for special zones – There are often much lower speed limits in school zones and construction road work zones. These lower zone limits might only apply at certain times, such as during school hours or when construction workers are present in a work zone. Most states have higher penalties – sometimes double fines – for violating the speed limits in these special zones.

Whatever speed limit applies to a certain road, it is common for drivers to ignore it. Violating the speed limit is one of the most frequent traffic violations, and police officers are often waiting on the side of the road to catch speeding drivers. Unfortunately, some drivers elude the police and cause accidents and injuries to others.

Driving Too Fast For Conditions

There are some circumstances in which driving at or even slower than the posted speed limit may be negligent – if not illegal. For example, if you are in heavy traffic or a snowstorm, driving at the speed limit may be unreasonably dangerous. Some other situations in which a driver may need to slow down include rain storms, when the roads are icy, or in thick fog or smoke.

Aggressive Drivers Speed

Aggressive drivers can engage in dangerous behaviors, and speeding is one of the most common. In many situations, aggressive drivers are running late or simply angry that they do not have the road to themselves and drive faster than the speed limit or that it is safe to do so in light of their surroundings.

Drunk Drivers and Speeding

Drinking can impair your judgment and slow your reaction time. As a result, many drunk drivers drive faster than they should and cannot react quickly to developing circumstances. For obvious reasons, this is an extremely dangerous situation for everyone around them. Speeding drunk drivers often rear-end other, slower-moving vehicles, run stoplights or stop signs, or lose control of their vehicles from driving too fast.

The Extreme Risks of Street Racing

Most people do not have active concerns regarding street racing, though this has become an increasing problem in many parts of the U.S. During the 2020 lockdowns due to COVID-19, there were far fewer cars on the roads. This opened up the streets for drivers who wanted to engage in street racing, which increased in frequency. Some street races happen when two drivers are at a stoplight and decide to race off the line. Other street races are part of organized events, and there might be spectators and others waiting for their turns to race. Many states and localities increased the penalties for street racing or organizing street races due to the increase in racing during 2020. Street racing is one of the most dangerous activities on the road due to the excessive speeds that drivers reach. If another unsuspecting driver turns into the path of a racing car, the racing driver will not stop in time to avoid a high-speed crash. This can often cause catastrophic or fatal injuries.

How the Wrongful Death Claim Process Works

If a speeding driver causes a fatal crash, there will likely be loved ones who receive the devastating news of the death. This can immediately result in substantial losses, including:

• Funeral and burial expenses
• Lost financial support of the deceased family member
• Lost household services, including childcare or housekeeping
• Lost love, support, comfort, and advice
• Loss of consortium (for spouses)

When a family is dealing with the overwhelming financial and emotional losses from a fatal speeding accident, the law gives them the right to file a wrongful death claim to seek compensation from the at-fault driver. Not every family member or close relationship can file a wrongful death claim. Most states allow surviving spouses, children, or parents to file a claim. In some states, the personal representative of the deceased’s estate must file the claim, and the proceeds will go to the appropriate close family members. An attorney in your area can explain who is eligible to file a claim after a specific fatal crash.

Personal Injury Claims after Speeding Accidents

Fortunately, not all accidents caused by speeding drivers result in fatalities. When drivers speed and cause accidents, surviving victims are typically entitled to compensation under state law. In the unfortunate event that you have suffered injuries or property damage because of a speeding driver, there are certain steps you should take to protect your legal rights. We discuss some of the more important steps in detail below.

Seek Medical Attention

You should always seek medical attention after an accident. Car accidents caused by speeding drivers often involve tremendous physical forces, including those that may not be readily apparent. In addition, you may not realize just how serious even apparent injuries may be due to the adrenaline associated with being involved in a car wreck. When you see a healthcare professional after your accident, they will evaluate your condition, determine the severity of your injuries, and provide any necessary treatment. In addition, your healthcare professional should also create an official record of your injuries that can serve as evidence in any legal or insurance claim you file.

Do Not Accept a Settlement Before Discussing Your Case with an Attorney

If a speeding driver injures you, there is a strong chance that you are legally entitled to compensation. You may be contacted by the other driver’s insurance company shortly after the accident with a seemingly generous settlement offer, which you may feel tempted to take. These initial offers are invariably lower than the actual value of the claims that victims have and are typically attempts by the insurance company to limit their liability. In many instances, insurance companies try to contact victims before they have an opportunity to speak to an attorney and learn what their cases are really worth, putting them at a disadvantage when it comes to knowing whether to accept a settlement offer.

Contact an Attorney Sooner Rather than Later

It is a good idea to contact a lawyer as soon as you can after an accident caused by a speeding driver. While you are unrepresented, you may say something to the insurance company that can hurt your chances of getting the compensation you deserve. When you have a lawyer, however, they will handle all communications with the insurance company for you. Another reason to call an attorney quickly after an accident is that evidence vital to your case can get lost or destroyed if you wait. For example, businesses regularly wipe their surveillance footage. If a video camera captured your accident, waiting even a few weeks can result in the loss of video relevant to your case.

Holding Speeding Drivers Accountable for Your Losses

In either a wrongful death or personal injury case, you must identify who should be liable for all of the financial and intangible losses that resulted. Determining liability is a job for an experienced car accident lawyer, as the answer might be more complicated than simply filing a claim against the speeding driver. In some instances, multiple parties might share liability.

The Driver

If the driver violated a speed limit or was driving too fast for conditions, they should be liable for the injuries and losses they caused. The insurance company will want proof they were speeding, and your attorney can work to gather the necessary evidence. First, if police officers cited or arrested the driver for speeding, street racing, or other illegal driving conduct, and the driver then received a conviction, the conviction is automatic proof of driver liability. Your car accident lawyer can obtain this information to prove your claim without additional evidence. If there was no conviction, your attorney can still use other types of evidence to prove a claim. This can include:

• Witness statements
• Video footage
• Data from a commercial truck’s black box
• Opinions from accident reconstruction specialists

The right law firm can use this and other evidence to prove your claim.

An Employer

Some people are driving as part of their jobs, including commercial truck drivers, delivery drivers, construction workers, or even someone running an errand for a boss or traveling between work sites. When a driver speeds and causes a crash on the job, their employer is vicariously liable for the harm they caused. Filing a car accident claim against a company (as well as a driver) can be beneficial if you have serious injuries or extensive losses from a wrongful death. Companies have larger insurance policy limits than most drivers, so there is a better chance that a policy will cover your losses. Pursuing claims against corporations and corporate insurers is no easy task, however, so you want a personal injury lawyer who is up to the challenge.

Government Agencies

In some rare instances, you may hold a government agency responsible for an accident involving excessive speed. Local and municipal governments are often responsible for setting and posting speed limits, and these limits are based on certain standards that determine how fast a driver may drive and be safe on a given road.

For example, some local governments have 25-mile per hour speed limits in residential areas unless other limits are posted. In some cases, an accident involving speeding may stem from the negligence of the agency responsible for setting the speed limit.

Examples of situations where this may be the case include missing speed limit signs or speed limits that are too fast for a given stretch of road. Claims against the government are subject to special rules, including very short time limits to file. For this reason, if you believe you have a claim against a government agency, you need to contact an attorney as soon as you can.

Don’t Wait to Contact a Car Accident Law Firm Near You

Speeding accidents can involve particularly serious or fatal injuries, and victims or surviving families deserve to recover full compensation for their losses. Never wait to seek the legal help you need from a car accident law firm. Consultations should cost you nothing, and you should never have to pay anything unless your attorney wins your case.