In 2023, 341 people died in Texas where one of the parties was speeding. In 2022, 12,151 people were killed in the United States in traffic accidents where speed was a contributing factor. Speeding is a recurrent common factor in both fatal and nonfatal accidents. If you or a loved one have been injured due to a negligent speeding driver, talk to a Houston speeding accident lawyer to learn your rights. Call Simmons and Fletcher, P.C., at 1-800-298-0111. The consultation is free and we charge no fees or expenses unless we make a recovery for you.
How Often is Speed A Factor in Accidents?
The National Highway Traffic Safety Administration has found that over the past 20 years, speeding has been a factor in almost 1/3 of all fatal crashes. Driving too fast is also the third leading contributing factor in traffic crashes in general. Not all of these types of accidents occur on highways, either. 40% of speeding cases occur on roads that have speed limits of less than 50 miles per hour, while 20% of speeding accidents occur on roads with speeding restrictions of 35 miles per hour or less. Male motorists between the ages of 15 and 24 are most at risk for speed-related accidents. The layout of roads is also a key factor in speeding-related deaths, with 40% of deadly speeding collisions occurring on curved sections of the road.
Why Do Drivers Speed?
Whether it is an irresponsible teenage driver causing an auto accident, an 18-wheeler roaring down the road to meet a deadline and causing a truck accident, or just a mom late to pick up the kids from school who is going too fast to stop at the light, speeders come in all shapes and sizes. There are several reasons why drivers speed:
- Being in a hurry
- Lack of concern for the safety of others
- Not paying attention to how fast they are going
- Not thinking that speeding restrictions pertain to them
- Not thinking their driving is dangerous
- Not thinking they will get caught by law enforcement while speeding
Drivers speed despite the many incentives to slow down, which include substantial fines, increased insurance costs, license suspension, and even the permanent loss of driving privileges.
How Does Speeding Contribute to Accidents?
There are many ways that speeding can cause or contribute to an accident. It may result in a driver not stopping for a red light or not having time to slow down when traffic comes to a sudden stop ahead of them. Additionally, many car accidents are a result of people failing to yield right-of-way while turning across traffic or at an intersection. Unfortunately, when a car is attempting to make a turn and an approaching vehicle is traveling at excess speed, this makes the turning driver’s job of judging whether there is a sufficiently safe distance more difficult. Thus, speed may be the cause or one of the many causes contributing to an accident.
How Does It Affect My Case If I Was Speeding?
Even when the other driver is cited by the police, if you were speeding, insurance adjusters will argue this against you as a way of avoiding responsibility. The fact that you were speeding does not mean that you cannot recover damages against another driver whose negligence contributed to the collision. It simply means that if the case goes to trial, a jury will weigh how much you are speeding vs the other driver’s negligence was the cause. If they determine that your percentage is over 50%, you may not make any recovery. If the jury finds your portion of responsibility was less than 51%, then you recover that percentage of your damages for which the other driver is at fault.
Do I Still Have a Case If I Was Speeding?
Speeding is a contributory factor that is noted on a police report. As such, it is but one piece of the puzzle that a just may look at in determining liability for an accident. Because Texas is a comparative negligence state, liability for an accident rarely falls 100% on either party. The jury can apportion liability based on the actions of both drivers. Thus, speeding does not prevent you from bringing a claim against a negligent driver who was more at fault for a collision. You should consult a speeding accident attorney in Houston, TX if you believe the other driver was more negligent.
Remember, all drivers have a duty to maintain a proper lookout. This duty encompasses the duty to observe other drivers and account for their speed. Thus, if someone switches into your lane because they saw you but miscalculated your speed, they could still be found more than 50% at fault due to their unsafe lane change and failure to keep a proper lookout. You should talk to one of our Houston speeding accident attorneys about your case if you were found not at fault but a contributory factor on the report shows that you were speeding.
Consult a Speeding Accident Lawyer in Houston, TX
If you find yourself in a situation where your speed is a contributing factor, but the other driver was cited for a greater contributing factor, you likely still have a viable case against the other driver. You should contact a speeding accident lawyer in Houston, TX for a free consultation today by calling Simmons and Fletcher, P.C. at (713) 932-0777. We charge nothing unless we win your case.