Fatal traffic accidents occur on our nation’s roads and highways for a wide variety of reasons, but some driver behaviors cause more accidents than others. Several state and federal transportation departments and safety agencies continually invest in research about the causes of traffic collisions. Knowing how and why they occur can help prevent future accidents and save lives.
According to the National Highway Transportation Safety Administration (NHTSA), speeding remains the number one factor in more than 25% of fatal accidents each year. Speeding while driving is a choice—a negligent choice that can result in thousands of preventable deaths each year.
Below, we dive deeper into why speeding leads to more fatalities, why drivers speed, the laws and penalties associated with speeding, common fatal injuries caused by speeding-related crashes, and what recourse you have if you lose a loved one as a result of a careless driver’s choice to speed.
If you have concerns or questions about your specific situation, contact our auto accident lawyers directly right away.
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Common Speeding Violations
Depending on where you are traveling, speeding laws vary. Yet, most states have two different categories of speeding laws, or one law that addresses both types of speeding.
Specifically, speeding can refer to:
- Traveling over the posted speed limit, or
- Traveling too fast for conditions
For example, Texas law states that drivers “may not drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for actual and potential hazards then existing; and shall control the speed of the vehicle as necessary to avoid colliding with another person or vehicle that is on or entering the highway in compliance with law and the duty of each person to use due care.”
Louisiana law provides another example: “No person shall drive a vehicle on the highway within this state at a speed greater than is reasonable and prudent under the conditions and potential hazards then existing, having due regard for the traffic on, and the surface and width of, the highway, and the condition of the weather, and in no event at a speed in excess of the maximum speeds established by this Chapter or regulation of the department made pursuant thereto.”
Similarly, California statutes state, “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.”
In addition, the California Vehicle Code sets out other provisions.
These broad speeding laws demonstrate the discretion law enforcement has to issue a citation in any situation they feel a driver is going faster than circumstances allow, regardless of the posted speed limit. It can also be challenging for a car accident victim to prove another driver was driving too fast for conditions. They will argue that they were within the posted speed limit, while your auto accident attorney can present evidence that they were, in fact, still speeding due to the conditions.
While some state laws are more explicit than others, situations where drivers are often expected to slow down include:
- Approaching an intersection
- Approaching a railroad crossing
- Approaching the top of a hill
- While driving on narrow and/or winding roads
- When pedestrians are present
- When heavy traffic is present
- When road conditions or weather require a speed reduction
Law enforcement might issue a variety of speeding-related citations that carry various penalties, including fines and license suspension. Many states double fines for those who speed in construction zones. Those who speed in excess, typically defined as more than 20 miles over the posted speed limit, also face harsher penalties and might even receive a careless or reckless driving citation, especially if they committed other traffic law violations.
Penalties and fines typically increase when property damage or physical harm occurs as a result of speeding. When negligent drivers speed and cause the death of another driver or occupant, they might also face criminal vehicular manslaughter charges.
Do not mistake criminal charges for the legal relief you need. A criminal case aims to punish a speeding driver with fines, probation, or even jail time. However, this case does little to help you as an injured accident victim. Instead, you need to pursue your case in civil court to seek compensation, and you should do so with the help of a car accident attorney you can trust.
Speeding-Related Collisions Cause Fatal Injuries
When drivers speed, it leads to more severe accidents, which often cause catastrophic and fatal injuries for victims. Pedestrians, motorcycles, and bicyclists involved in speed-related accidents are at the highest risk for fatality. If victims do not die upon impact, they still might face death from critical injuries. These tragic accidents can lead to wrongful death claims, and surviving families should speak with a car accident attorney about their options.
The following are examples of often life-threatening injuries.
TBIs result from the impact of a car accident, which causes a jolt or blow or direct blunt force trauma to the head. Traumatic brain injuries diagnosed as concussions present relatively mild symptoms at first compared to severe TBIs. Some victims mistake their symptoms as normal confusion or disorientation following a traumatic event. However, many brain injuries initially described as mild can have debilitating effects on a victim’s life for a long time.
Severe TBIs can cause permanent impairments or even death at any point in a victim’s life. Sometimes, complications might lead to death soon after an accident, and other times, a severe TBI reduces a victim’s life span, causing death a few years later. The most dangerous TBIs cause a blood clot or bleeding in the brain.
If you or a loved one has suffered a head injury in a car accident, the following symptoms sometimes indicate life-threatening issues:
- Worsening headache
- Repeated vomiting
- Slurred speech
- Inability to wake up
- Abnormally and unevenly sized pupils
- Loss of consciousness
Anyone with a TBI from a crash needs help from a car accident attorney who understands the nature and severity of all types of brain injuries.
Spinal Cord Injuries (SCIs)
Victims of motor vehicle accidents that occur at high speeds are at risk of an acute spinal cord injury, which can sometimes be fatal. The extent of damage from a spinal cord injury depends on exactly where the cord sustained bruising, tears, or severance. Generally speaking, the higher an injury occurs on the spinal column, the worse the symptoms and the higher likelihood of fatality.
For example, an injury in the part of the spinal cord involving the first five cervical vertebrae of the neck affects a person’s respiratory muscles and ability to breathe. Such injuries are often fatal or may require a victim to need a ventilator for the remainder of his or her life. Knowing this kind of injury was preventable if the driver did not speed only compounds the physical and emotional pain that accompanies this type of injury.
Spinal cord injuries can lead to lifelong losses that climb higher and higher each year. Victims need to make sure they have assistance from the right car accident attorney who handles such complex and high-value claims.
Internal Bleeding and Organ Injuries
Being in a speed-related traffic crash or another serious impact can lead to many injuries that cause internal bleeding and organ injuries. A forceful impact can pin, contort, or toss around the bodies of vehicle occupants, causing severe and potentially fatal injuries. Broken ribs can puncture organs, or pieces of debris from the accident can impale victims and cause puncture wounds. Punctured lungs are common in crashes, causing them to fill up with fluid and requiring emergency trauma care.
Another popular internal injury that occurs during a high-impact traffic accident is an abdominal aortic aneurysm. This occurs when an accident crushes the stomach and causes the aorta, the main vessel carrying blood to the heart, to rupture.
Traffic accidents can also result in kidney damage, liver damage, and a ruptured spleen, as well as a variety of other potentially fatal internal injuries. When victims who suffer internal injuries from a car accident don’t receive immediate medical attention, death is often imminent.
Because you cannot see internal injuries with your eyes, it can be complicated for insurance companies or juries to understand the full implication of your life-threatening organ damage. You need a car accident attorney who can demonstrate all that you went through and the full compensation you need and deserve.
A traumatic amputation occurs when the impact and force of a traffic crash sever a body part. When an accident causes complete traumatic amputation, sometimes victims live, and doctors may even surgically reattach the body part if emergency crews move quickly. However, with amputation, victims can suffer excessive bleeding, shock, and the risk of infection.
If accident victims are fortunate enough to receive immediate and exceptional medical treatment, they have an excellent chance of living. In other situations, failure to control bleeding, shock, and infection can together or separately lead to a fatality. Even survivors might face a lifetime without an important limb or might lose the full use and mobility of a reattached limb.
Amputation is a catastrophic injury that leads to catastrophic losses. Let our car accident law firm protect your rights after this type of traumatizing injury.
Risk Factors Associated With Speeding
Because speeding is the most common cause of fatal accidents, the National Highway Transportation Safety Administration (NHTSA) devotes ample resources to study why people speed.
Although it’s difficult to isolate the exact reasons why people speed, NHTSA has identified four main risk factors:
- Heavy traffic. Traffic congestion remains one of the most common factors associated with speeding and other aggressive driving habits.
- Running late. Drivers who have full and demanding schedules often have to race between destinations and try to make up lost time by speeding. The same thing goes for those who are constantly running late for work, school, events, meetings, and appointments.
- Feelings of anonymity. Some drivers have a sense of detachment from the outside due to the protection of their vehicles. This promotes feelings of freedom from conforming to social norms, such as complying with traffic regulations. Drivers who feel like they are anonymous have no concern about speeding and other aggressive driving behaviors because they believe it’s likely that they will never again see those who have witnessed their poor behavior.
- Outright disregard for the law and the safety of others. Some careless drivers speed out of habit. They don’t believe traffic laws about speeding apply to them; and, they aren’t worried about whether their choices behind the wheel might cause injury or death to other motorists, pedestrians, cyclists, and others.
The reason why the driver was speeding should not affect your accident claim and financial recovery. If the driver was violating the law and safety guidelines of the road, injured accident victims deserve to recover for their losses.
Recovering Compensation After a Fatal Accident Caused by Speeding
Losing a loved one in a fatal accident devastates surviving family members emotionally and financially in many cases. Contacting a skilled car accident attorney who has experience with wrongful death lawsuits can help you through the aftermath of your loss. Depending on your relationship to the deceased, you may be eligible to seek compensation for your losses. A qualified attorney typically offers free, no-obligation consultations to evaluate a case and determine if there are valid grounds for a claim.
If you bring a wrongful death suit and the insurance company or court rules in your favor, you may collect multiple types of damages.
Each state varies slightly, but there are some of the most common damages a court might award surviving family members after a fatal accident caused by speeding:
- Loss of support and service for those who were dependent on the deceased
- Loss of companionship for a spouse
- Emotional pain and suffering for spouse and/or minor children, for parents who survive the loss of a minor child, and for parents of an adult child
- Lost parental companionship, guidance, and instruction for minors
- Medical expenses from the traffic accident up until the time of death, including hospital stay, ambulance services, surgery, radiology, and medication for any survivor who paid them.
- Burial costs and funeral expenses for any survivors who covered these costs
Just because someone dies in an accident does not mean that the speeding driver should not be accountable. Family members should speak with a compassionate car accident lawyer about their options.
Contact an Experienced Auto Accident Lawyer Today for More Information
Accidents due to speed can be devastating life events, as you might suffer serious injuries or lose a loved one. You don’t need to go through the emotional and financial pain, nor should you have to, when another driver caused the accident. Focus on coping with your injuries and losses by hiring an experienced accident attorney who can help you get the compensation you deserve.
If you suffered injuries or lost a loved one in a speeding accident, contact us immediately. Most will schedule a free consultation and work on a contingency fee, so there’s no cost to you.
Since starting his firm in 1999, Stewart J. Guss has had the honor of representing clients from all over the world, helping them recover from even the most catastrophic injuries.
Today, thanks to a strong belief in those values of compassion, respect, and approachability, the firm has grown to employ over 120 legal professionals in numerous offices across 4 states, with nationwide reach.