California Speeding-Related Accident Attorneys
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Our California Speeding-Related Accident Attorneys Are Focused On Justice Through Due Process
In fatal car crashes, speed is often a major contributing factor. Higher speeds can increase the severity of injuries in a collision. Thus, even if you survive your injuries, they will be more severe if excessive speed was involved. Our experienced California speeding-related accident attorneys can protect your rights.
Our team can review your situation and gather evidence to build a case. We also assist with insurance communications and exploring options for compensation for any accident-related damages. You can call our car accident lawyers at (888) 488-1391. Our first meeting is always free.
Why Speeding Increases The Risk Of Fatal Crashes
According to the National Highway Traffic Safety Administration, nearly ten thousand victims were killed across the United States in 2018 in auto accidents caused by speeding. In 2017, speeding was a factor in 26 percent of all traffic fatalities. This statistic means that more than one out of every four car accident victims was killed because of speeding. But why is speeding so deadly? The answer is simple physics.
The higher a vehicle’s speed, the more force it will generate when it collides with another object. Forces generated in a collision must have somewhere to go. Passenger vehicles are designed to absorb as much energy as possible, but no system can entirely divert all forces away from passengers. The higher the collision force, the more serious a victim’s injuries are likely to be.
You might think that the cost of speeding is simply a ticket to be paid. However, speeding can lead to many different types of financial losses. Insurance companies may need to cover property damage. This damage refers to body damage to the vehicles involved in the crash and damage to the road or highway infrastructure (such as signs or guardrails).
Even in a minor collision, these costs can be significant. Insurance companies may also cover other losses suffered by injury victims, including medical bills, lost wages, and potential future expenses related to their recovery. Victims may also experience non-economic impacts, such as pain and suffering.
The financial impact of speeding-related accidents can be substantial, especially when injuries are serious or long-term. The exact cost varies in each case depending on the circumstances, the extent of injuries, and other factors. Know that compensation is not a guarantee. The outcome of your claim always depends on the specific facts of your case and the available evidence under the law.
Consequences Of Speeding
Many drivers give in to the temptation to speed. Maybe traffic is heavy, or they have places to be, or they are running late. While these may seem like understandable reasons, speeding can carry serious legal consequences, as it increases the risk of accidents and violations under traffic laws.
Criminal Penalties
Speeders can be charged with crimes. Reckless driving is a misdemeanor offense, but it is still a crime. If a speeding driver kills a victim through their negligence, that driver can be charged with homicide. Manslaughter charges are often filed against drivers who kill a victim through their inattention or poor choices.
Often, this is used for drivers who were impaired at the time of the accident, but speeding drivers can also be charged with homicide. A criminal conviction for vehicular homicide can result in a prison sentence, loss of civil rights (such as voting and gun ownership), fines and court fees, and the knowledge that you caused another person’s death through your own poor choices.
Administrative Penalties
Drivers who exceed the posted speed limits may also face administrative sanctions against their driver’s license. You might have points assessed. Your license could be suspended or revoked entirely. You might have to appear at an administrative hearing at the DMV and plead your case to a driver safety hearing officer.
If this officer rules against you, you might have to appeal your case to a local or appellate court. All of this takes time and money. It can also prevent you from driving lawfully.
Civil Penalties
Any time a negligent driver causes another person to be injured, the victim may have the right to file a civil claim. Such claims can include compensation for medical bills, lost wages, property damage, and other losses that can be easily valued with receipts. It also includes compensation for the victim’s intangible losses.
Compensation may also cover intangible losses, often referred to as “pain and suffering,” which can include physical discomfort as well as disruptions to daily life or activities. These losses can be difficult to quantify, as the value depends on the circumstances of each case.
Since these types of damages can be complex to assess, consulting an experienced auto accident lawyer can help you properly document and present evidence to support your claim.
$2,500,000.00
Our client was parked on the side of the road and was struck by the defendant driver traveling at a high rate of speed.– Arash Khorsandi
What Is A “Speed Greater Than Is Reasonable Or Prudent”?
Section 22350 of the California Vehicle Code prevents drivers from traveling “at a speed greater than is reasonable or prudent.” It is important to note that drivers can be cited for traveling at the posted speed limit if there are conditions that make it unsafe to go that fast. What conditions could affect a “reasonable and prudent speed”? The statute specifically identifies weather, visibility, the traffic on, and the roadway’s surface and width as factors that affect the speed at which it is safe to travel.
The statute also prohibits any speed that endangers the safety of persons or property. So who gets to decide whether your speed was reasonable and prudent? If an officer pulls you over, it is within his or her discretion whether to issue a citation. If a driver causes an accident, his insurance company may agree that his speed was not reasonable and accept liability for the accident.
If the insurance companies cannot agree on liability, the injury victim might have to take her case to a jury and let them decide whether the driver was at fault. A jury will be made up of people from the community, most of whom drive on the same road on which the accident occurred. They will consider what they would have done behind the wheel in the same situation. If you are behind the wheel, wondering whether it is safe to drive the speed limit, imagine yourself describing the situation to a jury.
Would you be able to make a convincing case that it was, in fact, reasonable and prudent to travel as fast as you did? Are there facts that would go against you – for example, if it were dark or foggy, making it more difficult to see? There is no single answer that is accepted in all situations. However, imagining yourself describing the circumstances can help you gauge whether your actions will be considered reasonable to others.
Places Where You Must Slow Down
There are many places where you must slow down in order to keep your speed reasonable and prudent. Some of these places will have posted signage and specific markers to indicate a reduced speed limit. Others may not, especially in rural areas with less highway infrastructure. Whether it is marked or not, drivers still have an obligation to reduce their speed in these dangerous areas:
- In school zones.
- Near parks, daycare facilities, and other places where children are likely to be.
- Around hospitals, police stations, fire stations, and other facilities that house emergency vehicles.
- Around animal crossings.
- At train crossings.
- In and around construction zones.
- On winding mountain roads.
- On sand, rocks, and other difficult terrains.
- In stop-and-go traffic (or slow-and-go traffic).
- Around accident scenes.
- In residential neighborhoods.
- On an entrance or exit ramp to a highway.
The Car You Are Driving Can Make A Difference In What Speed Is Reasonable And Prudent
Just because you feel safe driving at a particular speed in your car does not mean it is safe to travel at that speed in every vehicle. Different cars have different stopping times, and drivers must be prepared to stop in time to avoid collisions, regardless of what type of vehicle they are driving. For this reason, drivers must be cautious when driving in a rental car or a car borrowed from a friend or family member. Your speed can also affect different vehicles in other ways.
For example, sport utility vehicles (SUVs) have a high center of gravity. This condition means that they are more likely to tip over than smaller sedans, especially if the driver takes a corner too fast. Due to this, a “reasonable and prudent speed” in a sedan might not be reasonable in an SUV. Drivers have a legal obligation to account for these differences when they are determining the speed that is safe at any given time.
The Types Of Injuries Speeding Drivers Can Cause
There are many injuries a person can sustain in a car accident. As discussed, these injuries tend to be more severe in accidents that occur at high speeds. Serious injuries can include:
- Traumatic brain injuries (TBIs) and permanent brain damage can require a lifetime of rehabilitation and in-home medical care.
- Back injuries to the vertebrae, spinal cord, or muscles in the back often require surgery and excruciating recovery periods.
- Internal bleeding (which you might not notice right away, or even until it is too late; see a doctor right away after any car accident).
- Nerve damage.
- Paralysis.
- Damage to the extremities requires a limb amputation.
- Broken bones (from closed fractures to compound, open fractures that require surgery).
- Cardiac arrest and arrhythmias (often leading to chronic heart conditions).
- Damage to the lungs (often resulting in chronic respiratory problems).
- Damage to internal organs (kidneys, liver, pancreas, gallbladder, etc.).
- Burns.
- Neck injuries (from severe paralysis to minor whiplash).
- Lacerations (cuts), contusions (bruises), and “road rash.”
- Soft tissue injuries to the muscles, tendons, ligaments, and other non-bony tissues (often resulting in sprains or strains).
- Post-traumatic stress disorder and other emotional injuries (many injury victims have difficulty getting in a car again after a severe auto accident).
Call Our Speeding-Related Accident Attorneys In California For Help
When speeding contributes to a crash, the resulting injuries are often more severe and may lead to higher medical costs, time away from work, and long-term challenges. If you’re involved in this type of accident, you may have a right to pursue compensation for expenses such as medical treatment, pain and suffering, lost wages, and other related losses.
Speeding-related accident attorneys at Arash Law can help you with personal injury claims and advise you on your legal options. We can handle the legal matters for you so you can focus on getting better. Call (888) 488-1391 or contact us online to schedule your free initial consultation.
Our team provides legal assistance to clients in San Francisco, Riverside, San Jose, San Diego, Sacramento, Sherman Oaks, and throughout California.
