If you have a driver’s license, you’re probably guilty of this traffic violation at least once in your life. Pretty much everyone has gone over the posted speed limit for one reason or another. Maybe you’re running late or just aren’t paying attention to your speed.
Whatever the reason, speeding is illegal and it can have serious repercussions on an accident claim. What if the other driver is speeding? You need to establish liability and this means proving the other driver’s speed in a car crash claim.
Tips on Proving Speeding in a Nevada Accident Claim
If you’re only filing an accident claim with your insurance provider, proving liability doesn’t come into play. On the other hand, if you’re filing an injury claim against the other involved driver, establishing negligence is key. If you can’t show liability, you don’t have grounds for an accident claim.
Unfortunately, proving the other driver’s speed is the primary cause of your accident usually isn’t easy. The chances of a traffic officer clocking the other driver’s speed just before the accident are pretty slim. This means you need to use other sources to prove your accident claim.
Police Reports Are Crucial
Nevada law doesn’t require drivers to report every collision. If the accident doesn’t result in injuries or fatalities, and property damage is under $750, you can exchange insurance information and get on with your day. If you go this route, you have ten days to report the accident. If you miss this deadline, the insurance company will probably look at your speeding accident as if it never happened.
Your police report serves as proof your damages occurred in the speeding accident. The report should list the accident contributing cause. In this instance, it’s speeding. Your report may even list the at-fault driver’s speed. If it doesn’t, no worries. At least the accident report lays out fault.
Your Vehicle’s Collision Rating
All vehicles, at least those manufactured after the mid-1980s, have vehicle collision ratings. If you’re not sure what yours are, check with the auto dealership. You can also refer back to the vehicle manufacturer’s webpage.
Accident scene investigators can compare the vehicle damage to the manufacturer’s collision ratings. This can give you a general idea of the other driver’s speed when the accident occurred. Be careful using this method for highway and interstate accidents. When vehicle speeds reach 55 mph and higher, impact damage tends to be similar. So, investigators may not be able to tell from the collision ratings if the driver was speeding.
You can run into the same problem using vehicle damage to estimate driver speed. Once speeds hit 55 mph, damage tends to be extensive. So, if the posted highway speed limit is 55 mph and the other driver’s doing 75 mph when the accident occurs, the damage is probably going to be pretty similar.
Road Debris Can Be a Clue
Accident scene investigators are doing more than removing hazards when they’re picking up debris. They’re also determining driver speed at the time of the accident. The distance the debris travels from the vehicles can indicate driver speed. Generally, the further away the debris is from the accident scene, the faster the vehicles were traveling.
If possible, try to take some pictures of the accident debris and your vehicle damage. Your Nevada personal injury lawyer can use the photos as evidence to help prove accident fault.
Your GPS Does More Than Give Directions
Most newer model vehicles come standard with a built-in GPS. This handy tool helps ensure you always make it to your destination.
Did you know the navigational system does more than give you directions? The small computer is actually storing a ton of information about your vehicle and your driving habits.
Think of your vehicle’s GPS as the car’s little black box, similar to the one on all aircraft. The authorities can access the GPS and learn all kinds of fascinating information. Even if the GPS isn’t tracking vehicle speed, it does show the time it takes to get to various milestones. If the other driver is reaching these waypoints in record time, it usually means they’re going well above the posted speed limit.
Skids Marks Can Help
Not every accident leaves vehicle skid marks behind, but they’re common when speeding is involved. A vehicle’s tires tend to leave skid marks when a driver suddenly slams on the brakes. The longer the skid marks, the greater the speed. Skid marks are also common when distracted driving is a factor.
Even though leaving some rubber behind can indicate speeding, it’s never the deciding factor. However, you can use the skid marks to help support your other evidence.
Witness Testimony Can Add Support to a Speeding Accident Claim
Eyewitness testimony can help support your accident claim. Just don’t rely solely on witnesses for proof. Memories aren’t always accurate, especially as time goes by. Your witnesses also aren’t going to be able to definitively say the other driver was speeding.
What witnesses can do is testify the other driver seems to be going faster than the posted speed limit. Think of witness testimony as one more layer of supporting evidence.
Always Check for Surveillance Systems
When it comes to submitting proof, it’s hard to beat video testimony. If you’re lucky, you can find footage capturing your accident. Don’t put off getting the video footage, it’s usually only around for a few hours or days. Even footage being saved in the cloud tends to be eventually deleted. Your attorney can subpoena the footage before it disappears.
Look for traffic and security cameras. Doorbell cameras can also be invaluable. Some even have amazing pixelation so issues with blurry images aren’t a problem. Don’t forget about dash cams, they’re gaining in popularity with drivers.
Let an Accident Attorney Help Prove Speeding in Your Nevada Accident Claim
Speeding is a leading cause of traffic accidents and proving it isn’t always easy. Your Nevada accident attorney can help you establish fault and prove liability in your speeding accident claim.