Speeding is a major cause of car accidents in Iowa and across the United States, with 328,946 people injured by speeding drivers in 2021. Speeding drivers are more often young men – 35% of men aged 15-20 involved in fatal road traffic accidents were speeding at the time.
The excessive speed of a collision dramatically increases the force and impact on the vehicles and human bodies within. Common injuries from speed-related crashes include traumatic brain injuries, spinal cord damage, broken bones, internal organ damage, extensive lacerations, and amputations. The risk of fatalities also rises significantly when speeding is involved.
If you are hit by a speeding driver, you may be able to recover compensation for your injuries by proving the other driver was exceeding the speed limit. An experienced Des Moines personal injury attorney from Monge & Associates can help gather evidence to prove speeding and hold the at-fault driver fully accountable.
Investigating the Accident Scene
One of the first things an Iowa car accident attorney will do is thoroughly investigate the accident scene. The attorney will look for physical evidence that indicates speeding, such as long skid marks on the pavement. Skid marks show the driver slammed on the brakes but was still unable to stop in time due to excessive speed.
The attorney will measure the length of the skid marks in feet. By using a mathematical formula, the minimum speed of the vehicle can be calculated based on the skid mark length. The longer the skid marks, the faster the vehicle was going. An unusually long skid mark provides compelling proof of speeding.
Your attorney may hire an accident reconstruction expert to carefully analyze the accident scene evidence. The expert can use advanced accident reconstruction techniques to determine the pre-collision speed of the vehicles. This scientific evidence carries significant weight in proving unlawful speed.
Obtaining Vehicle Data
Your attorney can request data from the vehicle’s event data recorder, also known as a black box. This device records speed, braking, airbag deployment, and other vehicle data in the seconds before a crash. The speed data obtained from the black box is very accurate and hard for the other driver to dispute. Excessive pre-crash speed is incriminating evidence against the at-fault driver.
Eyewitness Statements
Eyewitness accounts can also help establish speeding. Your attorney will identify and interview any witnesses who saw the accident happen. Witnesses may provide statements indicating the at-fault driver was traveling at an excessive rate of speed, such as “going 70 mph in a 45 zone.” Police may also take eyewitness statements at the accident scene that are useful evidence.
Using Police Reports
The police report can contain valuable evidence to prove speeding, such as the posted speed limit and the officer’s estimated speed of the at-fault driver. Many officers use special traffic accident reconstruction training to calculate the vehicle speeds involved in a crash. The officer may cite the at-fault driver for speeding based on the accident investigation. Your attorney can use the officer’s independent speeding determination as corroborating evidence.
Hiring an Expert Witness
Your attorney may retain an expert witness to reconstruct the accident and determine speed. There are forensic engineers and other specialists who are highly trained in accident reconstruction. They can analyze all available evidence, including skid marks, vehicle damage, and physics principles, to reliably calculate the pre-crash speed of the vehicles. The expert’s speed opinion can be presented as evidence if the case goes to trial.
Pursuing Speed-Related Damages
By proving the other driver was speeding, we can pursue full damages on your behalf. Speeding shows negligence and likely makes the other driver solely at fault for the collision. The enhanced recklessness of speeding may also justify punitive damages in some cases. An experienced attorney from Monge & Associates will fight to maximize your injury compensation using thorough evidence of unlawful speeding.
Proving speeding is key to obtaining fair compensation after an Iowa auto accident. We can use accident scene evidence, vehicle data, eyewitness statements, police reports, and expert testimony to establish the at-fault driver’s excessive speed. Solid proof of speeding helps hold dangerous drivers fully accountable. By choosing an attorney from Monge & Associates, you can successfully prove the other motorist was unlawfully speeding when they collided with your vehicle.
We have offices in 32 locations and 19 states, including Iowa, Ohio, and Nebraska.
Contact us now for a free consultation online or by calling (888) 477-0597 if you have been involved in a car accident caused by a speeding driver.