Speeding is extremely common in and around Dallas, and it is the leading cause of fatal Texas traffic accidents. There were close to 27,000 collisions caused by speeding in this state in 2013. Even if a victim survives, the injuries in a car accident caused by excessive speeding tend to be more serious than those that arise out of accidents at slower speeds. Catastrophic injuries can require a victim to obtain lifelong medical care, vocational rehabilitation, and physical therapy. Personal injury actions can potentially allow you to recover compensatory damages from a driver who was at fault. The car accident lawyers at Feizy Law Office are dedicated to guiding Dallas residents through the process of seeking compensation for their harm.Holding a Negligent Driver Accountable for Speeding
Excessive speeding can cause an accident. If you are the victim of a speeding accident, you will likely need to prove the other driver's negligence by a preponderance of the evidence. This means that you would need to show the other driver's duty to you and the other driver's breach of duty. You also would need to prove that the breach of duty caused the accident and that you suffered damages. All drivers owe a duty to use due care while driving. A fact-finder is likely to find speeding a breach of the duty to use due care while driving, particularly when the speeding is excessive or the road conditions and weather conditions make it especially hazardous to speed.
You must show that your version of what happened is more likely true than not true. Proving speeding can be complicated, particularly if you are the only witness to the other driver's speeding. What if the other driver claims to have been going the speed limit? In some cases, it may be necessary to retain an accident reconstruction expert to prove speeding and your version of what happened. The accident reconstruction expert can examine the damage to your vehicle, as well as testimony and the debris from the crash, to determine at what speed the striking vehicle had to have been moving in order to cause the property damages and injuries at issue.
What if both you and the other driver were speeding? Texas follows the doctrine of modified comparative negligence with a 51% bar. If you are found 51% or more at fault for an accident by the fact-finder, you will be totally barred from recovering damages, even if your damages are $1 million. Assuming your percentage of fault is 50% or less, however, you can possibly recover up to the other driver's percentage of fault. For example, if you are in an accident resulting in damages to you that the jury values at $100,000, but the jury assigns you with 25% fault and assigns the defendant with 75% responsibility, you may be able to recover up to $75,000 from the defendant.Consult a Dallas Lawyer for a Motor Vehicle Collision Claim
If you have been involved in a speeding accident, the impact may have been particularly severe, and the injuries arising out of the crash may be substantial. An insurer often looks for ways in which a plaintiff is at fault so that the defendant's exposure will be reduced. It is important to have a motor vehicle collision attorney on your side after an accident in the Dallas area. Call Feizy Law Office at (214) 651-8686 or contact us via our online form. We also represent speeding accident victims in other Texas cities, such as Fort Worth, Irving, Arlington, Garland, and Plano.