When a pedestrian is struck by a vehicle, the speed of the driver can play a crucial role in the severity of the injuries and the outcome of a legal claim. The faster the vehicle is traveling, the greater the force of impact, which increases the likelihood of serious harm. A lawyer, like a pedestrian accident lawyer, knows that in these cases, speed becomes a significant factor in determining fault and the amount of compensation a pedestrian might receive.
The Impact Of Speed On Injury Severity
It’s no surprise that higher speeds result in more severe injuries. When a driver exceeds the speed limit or is traveling too fast for the road conditions, they have less time to react and avoid hitting a pedestrian. At higher speeds, the impact of the collision is much stronger, which can lead to more catastrophic injuries such as broken bones, brain trauma, or internal injuries.
In addition to the physical harm, the recovery process for severe injuries can be long and expensive as you may wish to utilize many different professionals, including medical doctors, chiropractors, and physical therapists. This makes it especially important to have evidence that the driver’s speed contributed to the severity of the accident. Having that evidence can strengthen a pedestrian’s claim and help secure the compensation needed for medical expenses, lost wages, and other damages.
Proving Excessive Speed In Your Claim
To establish that speed played a role in the accident, several factors can be considered, including:
- Speed limit violations. If the driver was speeding above the legal limit, it can be a clear indication of negligence.
- Witness statements. Eyewitnesses may have observed the driver’s speed or reaction time before the collision occurred.
- Traffic camera footage. Some intersections or roads may have cameras that capture the speed of vehicles in real time, providing vital evidence.
- Crash scene evidence. The distance the vehicle traveled after hitting the pedestrian can help establish speed. Longer skid marks or a larger impact zone may indicate higher speeds.
Accidents that occur at high speeds are typically more complicated, and the evidence needs to be carefully analyzed to show how speed contributed to the crash.
How Speed Affects Liability And Insurance Claims
In many cases, the driver’s speed can directly affect who is considered at fault for the accident. Drivers who are speeding may be deemed negligent because they failed to exercise reasonable caution while driving. If the driver was speeding in an area where pedestrians are likely to cross, such as near schools or crosswalks, they could be found more liable.
When negotiating with insurance companies, proving that the driver was speeding can strengthen a pedestrian’s claim. Insurance adjusters may try to reduce the settlement offer by arguing that the pedestrian was partially at fault. However, evidence that the driver was speeding can counter this argument and increase the chances of a fair settlement.
Speak With Your Lawyer
The driver’s speed can significantly impact the outcome of a pedestrian accident claim. Speed increases the force of impact, contributing to more severe injuries and a greater need for compensation. Proving that speed played a role in the accident can be crucial in establishing fault and securing a fair settlement. Attorneys like those at Wandres Law, PC can attest to the importance of gathering all available evidence, such as traffic reports, surveillance footage, and expert testimony, to demonstrate the role of speed in the incident. By working with experienced attorneys, pedestrians can ensure that all factors, including speed, are taken into account when pursuing a claim. Speak with your local lawyer now.