San Diego Speeding Accident Lawyer
As San Diego speeding accident lawyers, we see the impacts of careless- and reckless driving every day. While motorists may get away with speeding for a while–avoiding tickets or accidents–the law of probability means their wanton conduct eventually catches up to them.
We represent the resulting casualties.
A University of California at Berkeley study shows with statistics what any driver should know in their bones: A one percent increase in speed raises the chances of an accident by two percent. Worse, a two percent increase in speed raises the chances of a serious injury by three percent and a fatality by four percent.
The exponential increase in accident occurrences and severity due to speed cause extreme injuries and wrongful deaths. As personal injury attorneys, we know the process of gathering evidence to demonstrate how speeding caused the collision and intensified the trauma. With a clear illustration of the fact pattern, we are able to command high settlements and win big verdicts.
Every Speeding accident victim deserves just compensation. Contact Shamon Law to discuss your case.
What Is A Speeding Accident?
A speeding accident occurs when one or more parties contribute to the accident by driving too fast. Usually, one party is predominantly at fault for the collision. For example, a speeding driver who rear-ends another car.
On the other hand, some speeding accidents result from the negligence of multiple parties. One or more motorists may have exceeded the limit, and other causes may also come into play.
Speeding Accidents And Comparative Negligence
California’s personal injury law is governed by the legal concept of pure comparative negligence. Pure comparative negligence holds each party accountable on a relative basis: The more liability attributed to one party, the less placed on another.
During litigation, this creates a contest where lawyers from each side argue for the lowest justifiable level of responsibility for their clients and the highest for the opposing side. Speeding represents one of the most frequent points of contention because it pervades most accidents.
For example, a driver may be at fault for an accident due to improper lane usage. However, his lawyers may contend that the other driver also has liability because he was speeding. The accident would not have happened or been as severe–this line of reasoning goes–if the plaintiff had been driving at a safe speed.
When considering comparative negligence, jurors slice the liability between all parties. They may find one party 100% at fault and the other 0% or split the liability in any proportion.
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California Vehicle Code On Speeding
Many drivers focus solely on the posted speed limit to judge whether a driver is speeding. But if you remember driver’s education class, you’ll recall that you can receive a speeding ticket at any speed if you are driving too fast for the conditions.
For example, if you are following another vehicle and smash into its rear as it brakes for a stoplight, it’s axiomatic that you were driving too fast for the conditions. The traffic required you to slow down to maintain proper distance, and you neglected to do so. The actual speed relative to the posted limit is unimportant.
Accordingly, California law creates three categories of excessive speed violations: basic speeding law, presumed speeding law, and absolute speed limits.
The Basic Speeding Law
Driving too fast for conditions falls under the basic speeding law. It maintains that motorists must always travel at a reasonable or prudent speed in view of external factors, including weather, road conditions, visibility, and the width of the road.
The Presumed Speeding Law
The presumed speeding law creates a set of standards for certain instances that all drivers should obey. They include a speed limit of 15 mph at railroad crossings, in alleys, and at intersections when visibility has fallen below 100 feet. It establishes a universal speed limit of 25 mph in business-, residential-, and many school zones. Some school zones have a posted speed limit of 15 mph.
Absolute Speed Limits
Absolute speed limits may be posted or unposted. Freeways in California have a 70 mph posted limit and a 65 mph limit where unposted. All California’s undivided two lane highways have an absolute speed limit of 55 mph.
Common Causes of Speeding Accidents
Speeding contributes to a wide variety of accidents with causes ranging from inattentiveness to misjudgments to drunk driving. Excessive speed cuts through accident types, causing and intensifying collisions at frightening rates.
Speed-related crashes break down into the following categories by percentage:
- Rear-end collision – 72.6%
- Striking an Object: 8.8%
- Rollover Accident: 3.6%
- Sideswipe Collision: 3.6%
- Broadside Crash: 2.6%
- Head-on Collision: 2.0%
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Most Common Speeding Accident Injuries
Speeding accidents result in injuries that are minor, serious, and fatal. Because each 1% of speed increases the severity of trauma by 3% and fatalities by 4%, it often exacerbates the following injuries:
- Broken bones
- Burns
- Lacerations
- Scars
- Eye injuries
- Spinal cord injuries
- Traumatic brain injuries
- Neck injuries
- Back injuries
- Airbag injures
- Organ damage
- Amputations
- Crushing injuries
Can You Sue Someone For Speeding In California?
Plaintiffs can sue speeding drivers who harmed them in an accident. To prevail, the plaintiff must demonstrate that the defendant caused him harm through negligence. Speeding always counts as negligence. In addition, the complainant must demonstrate that all damages claimed resulted from the incident.
How Long Does A Speeding Investigation Take In California?
Most speeding accident investigations take only hours to complete. The authorities use witness testimony, damage assessments, tire tracks, and analysis of the conditions to determine if speed was a factor.
In a few cases, more extensive investigation is needed. Often, in complex cases, we hire accident reconstructionists to determine all causes of an accident.
Contact Top Rated San Diego Speeding Accident Lawyer Today
Shamon Law’s speeding accident litigation team is prepared to fight as long as necessary to win our clients the compensation they deserve. A dreadful auto accident can leave victims with crushing medical bills, lost income, and shattered lives. Shamon law’s speeding accident lawyers fight to make it right.
Contact Shamon Law or Call Us now for a free case evaluation.
