In Fort Lauderdale, speeding is a significant and worsening issue for road safety — crash report studies conducted by the Florida Department of Highway Safety and Motor Vehicles show that in 2015, for example, “speeding and aggressive driving” contributed to 4,960 injuries and 413 fatalities statewide, with an 8.77% increase in crashes overall from the previous year. Undeniably, the statistics demonstrate the incredible frequency of speeding incidents in Florida and their significant negative influence on public safety and health.
If you have been injured in a speeding accident in Florida due to the fault of another person, you may be entitled to recover damages for your injuries. It’s crucial that you speak with Fort Lauderdale car accident attorney David Fuchs at the Law Office of David I. Fuchs as soon as possible to ensure that your claims are assessed, filed, and pursued to their fullest extent.
Injury claims brought against drivers who are found to have been speeding at the time of the accident benefit from such obvious evidence of the defendant driver’s negligence.
How so? Take a brief look at how a typical speeding accident injury claim plays out.
When you’re injured in a motor vehicle accident, you can recover damages from the defendant-driver if you demonstrate said driver’s liability for your injuries. Under Florida law, you will have to show that: a) you suffered injuries, and b) the defendant’s negligent, reckless, or intentional conduct caused the claimed injuries. Negligence, recklessness, or intentional conduct is a necessary component of the claim. It is not enough to show that the defendant caused your injuries — you must show that they acted in such a way that doing so exposed them to liability for your injuries.
Demonstrating negligence is quite difficult in certain situations, which is why evidence of speeding is useful for improving your chances of litigation success. Suppose, for example, that you are injured by a driver who rear-ends while you’re driving on a one-lane local road. If the defendant-driver was speeding (in excess of the applicable speed limit), then it is clear that they were acting negligently. Whatever other reasons they might have for the rear-end accident having occurred — poor visibility, for example — the speeding evidence is demonstrative of their negligence in some capacity.
As a plaintiff, you will have to prove that the defendant’s negligence (here, speeding) caused your accident and not some other extraneous factor. For example, imagine that you are grazed by a speeding defendant on the road. Your car is defective, however, and the slight impact causes your wheels to spin out, resulting in a crash and serious injuries. Suppose that the impact itself was unavoidable and not the fault of the defendant. To recover damages from the defendant, you would have to show that the defendant’s act of negligence — the speeding — substantially contributed to the injuries you suffered. The defendant might argue, however, that even had the defendant been driving at a lower speed, the same crash would have occurred due to your defective vehicle.
David I. Fuchs is a car accident lawyer with nearly 30 years of experience litigating motor vehicle accident cases for clients located in Fort Lauderdale and across the state of Florida. He has dedicated his career to providing high-quality, aggressive advocacy, and he has successfully represented many clients who were involved in speeding accidents.