Key Takeaways: What Every Speeding Accident Victim Should Know
- Speed is a leading factor in fatal crashes. Speeding has been a contributing factor in nearly one-third of all fatal traffic accidents over the past 20 years, making it one of the most common causes of serious car wrecks.
- Speeding isn’t limited to highways. A large share of speed-related crashes happen on lower-speed roads, and curved roadways are especially dangerous when a driver is going too fast.
- You can still recover damages even if you were speeding. Under Texas’s modified comparative negligence rule, you can pursue compensation as long as you’re found less than 51% at fault for the crash.
- Insurance adjusters may try to use your speed against you. Even if the other driver was cited, adjusters often argue a claimant’s speed to reduce or deny a payout — which is why it’s important to have a lawyer evaluate your case.
- Liability is rarely all-or-nothing. Texas juries can apportion fault between both drivers, so speeding is just one factor considered — not an automatic bar to recovery.
- A free consultation costs you nothing.
In 2024, 11,288 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 has 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.
Why Choose Simmons & Fletcher After a Speeding Accident in Houston?
Since 1979, we have fought for car accident victims against insurance companies intent on devaluing your case to save money. Car wrecks make up 80% of the cases we see, and they have for over four decades.
If we are able to take on your case, our team of empathetic and experienced Houston automobile accident lawyers can:
- Answer your questions about what to expect with transparency.
- Help you understand the entire claims and litigation process.
- Investigate your motor vehicle accident and gather the evidence to support your case.
- Negotiate with insurance companies on your behalf.
- Work towards a final resolution, whether it is a settlement or a trial in your case.
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 speed limits 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 many incentives to slow down, including substantial fines, increased insurance costs, license suspension, and even the permanent loss of driving privileges.
How Does Speeding Contribute to Accidents?
Speeding can cause or contribute to an accident in many ways. It may cause a driver to fail to stop at a red light or not have time to slow down when traffic ahead stops suddenly. Additionally, many car accidents result from people failing to yield the 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 if the other driver is cited by police, insurance adjusters may use your speeding against you to avoid 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 were speeding versus how much the other driver’s negligence caused the collision. If they determine your percentage is over 50%, you may not recover anything. 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 one piece of the puzzle a jury may consider when 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 both drivers’ actions. 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 includes observing other drivers and accounting for their speed. So, if someone switches into your lane because they saw you but miscalculated your speed, they could still be found more than 50% at fault for their unsafe lane change and failure to keep a proper lookout. If you were found not at fault, but the report shows you were speeding, talk to one of our Houston speeding accident attorneys.
Consult a Houston 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. 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.
FAQ's
Can I still make a claim after a car accident if I was speeding?
Yes. Speeding does not automatically bar you from recovering damages. Because Texas follows a comparative negligence rule, a jury will weigh your degree of fault against the other driver’s. As long as your share of responsibility is found to be 50% or less, you can still recover a percentage of your damages equal to the other driver’s share of fault.
How does speeding affect my case if the other driver was also cited by police?
Even if the other driver was cited, insurance adjusters will often point to your speeding as a way to reduce or deny your claim. However, speeding on your part doesn’t eliminate the other driver’s liability — it simply becomes a factor the jury considers when apportioning fault between both drivers.
What percentage of fault disqualifies me from recovering damages in Texas?
If a jury determines your responsibility for the accident was 51% or greater, you cannot recover any damages. If your fault is 50% or less, you can still recover, though your award will be reduced by your percentage of fault.
Do other drivers have any responsibility to watch out for speeding vehicles?
Yes. All drivers have a legal duty to maintain a proper lookout, including watching other vehicles and accounting for their speed. For example, if a driver changes lanes into your path while misjudging your speed, they could be found more than 50% at fault due to an unsafe lane change and failure to keep a proper lookout — even if you were speeding.
How common is speeding as a factor in car accidents?
Speeding is a major contributing factor in crashes nationwide — it’s involved in nearly one-third of all fatal crashes and is the third leading contributing factor in traffic accidents overall. Notably, 40% of speeding-related accidents occur on roads with speed limits under 50 mph, showing that speeding isn’t just a highway issue.
