Understanding the Impact of Speeding on Car Accident Claims

Speeding is more than just a number on your speedometer — it’s a choice that can have far-reaching consequences for everyone on the road. When drivers decide to exceed the speed limit, they’re not just breaking the law; they’re dramatically increasing the risk of car accidents and the severity of injuries that may result. In a 2022 report, speeding was a factor in 29 percent of all traffic fatalities, claiming 12,151 lives in the United States.

Speeding can have profound legal implications. Not only does it cause injuries and fatalities, but it can influence liability and compensation. It’s crucial to understand, in detail, how this factor can impact your car accident claim.

The Legal Implications of Speeding in Car Accidents

When it comes to car accident claims, speeding is more than just a traffic violation. Exceeding the speed limit is a form of negligence which can affect your car accident case in the ways outlined below.

Establishing negligence

In personal injury law, negligence is the failure to exercise reasonable care, resulting in harm to another person. Drivers who choose to exceed the speed limit are failing to exercise the care expected of a reasonable person on the road.

This negligence leads to several dangerous situations. It can lead to:

1. Reduced reaction time
2. Increased stopping distance
3. Loss of vehicle control
4. More severe impacts in collisions

Each of these factors can cause a car accident or make its consequences more severe.

Comparative negligence and speeding in Georgia

Georgia follows a modified comparative negligence rule with a 50 percent bar. This means that an injured party can recover damages as long as they are less than 50 percent at fault for the incident, but their recovery will be reduced by their percentage of fault.

In speeding-related accidents, this rule becomes particularly important. Even if the other driver was speeding, your compensation could be reduced when you were also partially at fault (for example, if you were distracted).

The impact of speeding on insurance claims

Speeding can have a significant impact on insurance claims. Insurance companies often view speeding as reckless behavior. 

When you cause a car accident because of speeding, this can lead to:

• Higher likelihood of claim denial
• Increased premiums
• Potential policy cancellation

If you’re the victim of a speeding driver, these impacts can work in your favor. The at-fault driver’s insurance company may be more likely to settle quickly to avoid a potentially costly trial.

Penalties for Speeding in the US

Knowing the penalties for speeding helps you understand how seriously the law takes this offense. 

The specific legal consequences can differ depending on where you are in the United States. However, there are some typical penalties that speeders might face across the country. 

These common consequences, listed below, give a general idea of what to expect if caught speeding.

Fines and fees

The most immediate consequence of a speeding ticket is a fine, typically. Speeding fines differ depending on the state you’re driving in. These can range from around $45 for first-time offenses to several hundred dollars for more severe speeding violations. In some jurisdictions, fines may increase in designated areas, such as school zones or construction zones.

Points on a driver’s license

Many states use a point system for traffic violations. Speeding tickets typically result in points being added to a driver’s license. Accumulating too many points within a certain period can lead to license suspension or revocation.

The point system for speeding in the State of Georgia is as follows:

• 2 points for going 15-18 mph over the speed limit
• 3 points for going 19-23 mph over the speed limit
• 4 points for going 24-33 mph over the speed limit
• 6 points for going 34+ mph over the speed limit

In Georgia, getting 15 points on your driving record within a two-year span triggers an automatic license suspension.

Increased insurance premiums

A speeding ticket can cause a significant increase in auto insurance premiums. This increase can last for several years, potentially costing the driver thousands of dollars over time.

Mandatory traffic school

Some jurisdictions may require attendance at traffic school or defensive driving courses, especially for repeat offenders or in cases of excessive speeding. In Georgia, it is referred to as the Driver Improvement Program. It provides a 6-hour defensive driving course in the hopes of rehabilitating problem drivers.

License suspension or revocation

For repeat offenders or in cases of extreme speeding, drivers may face license suspension. If you have been caught speeding way over the limit, you may even have your license revoked.

The length of a license suspension can vary, usually ranging from a few weeks to several months. The duration often depends on the severity of the offense and your driving history. 

To reinstate your license, you may need to:

• Wait out the suspension period
• Pay reinstatement fees
• Complete a driver safety course
• Provide proof of insurance

Criminal charges

In cases of excessive speeding or speeding combined with other offenses (like DUI), drivers may face criminal charges. This can result in hefty fines, probation, or even jail time.

Reckless Driving Charges

Speeding far above the limit (often 20–25 mph over) can lead to reckless driving charges in some areas. These charges have harsher penalties than regular speeding tickets.

Speeding penalties can seriously affect a person’s life. They may impact:

1. Job prospects
2. Insurance costs
3. Personal finances

In car accident claims, a driver’s history of speeding can be used against him or her. It may show a pattern of unsafe driving over speed limits, potentially increasing that person’s fault in the accident.

The Legal Process in Car Accident Claims

The first step in any car accident claim is a thorough investigation. This involves collecting police reports, witness statements, and any available physical evidence. In car accident cases involving speeding, accident reconstruction experts may be called upon to analyze the accident scene and determine the speeds of vehicles involved.

Calculating Damages in Car Accidents

When speeding is involved, the calculation of damages becomes more complex. In addition to standard damages like medical expenses and lost wages, you may be entitled to compensation to cover:

1. Future medical costs: For ongoing treatment and care related to your injuries
2. Loss of earning capacity: If your injuries impact your ability to work in the future
3. Pain and suffering: The physical and emotional distress caused by the accident and your injuries
4. Punitive damages: In cases of extreme recklessness, these may be awarded to punish the at-fault driver and deter similar behavior

At Hoffspiegel Law, we understand the full impact of these high-speed collisions on our clients’ lives. We work tirelessly to ensure that all current and future costs are accounted for in your claim, fighting for the full and fair compensation that you deserve.

The Importance of Timely Action in Car Accident Claims

Time is of the essence in any car accident claim, but this is especially true when speeding is involved in a car accident.

Statute of limitations

In Georgia, the statute of limitations for personal injury claims, including car accidents, is generally 2 years from the date of the accident. This means you have 2 years to file a lawsuit, or else you may lose your right to compensation entirely.

However, it’s crucial to act much sooner than right before this deadline expires. The sooner you begin the claims process, the easier it is to gather critical evidence that may disappear over time.

Preserving evidence

Evidence of speeding can be particularly time-sensitive. Skid marks fade, witnesses’ memories become less clear, and surveillance footage may be overwritten. By acting quickly and engaging an experienced car accident attorney, you ensure that all available evidence is preserved and properly documented.

Dealing with insurance companies

Insurance companies often try to settle claims quickly, especially in cases where their insured was clearly at fault, such as in speeding-related accidents. While a quick settlement might seem tempting, it’s often far less than what your claim is truly worth.

By engaging Hoffspiegel Law early in the process, you gain advocates who can handle all communication with insurance companies. You would be choosing to work with personal injury lawyers who are dedicated to protecting your rights and maximizing your compensation.

How Hoffspiegel Law Can Help With Speeding-Related Accidents

At Hoffspiegel Law, we don’t just handle your case — we invest in your future. That’s why our approach is unique. 

We focus on a select number of practice areas, including car accidents, allowing us to develop deep knowledge and experience in these complex cases. Plus, by taking on a limited number of cases, we ensure that each client receives our full attention and resources.

Don’t let the impact of a speeding-related auto accident define your future. If you’ve been injured in an accident where speeding played a role, it’s crucial to act quickly to protect your rights and secure the compensation you deserve. 

If you would like to discuss your car accident claim with us, book a free consultation today. Just call to speak to a car accident attorney or fill out the contact form with your details and we will reach out to you soon.