When an accident occurs, it is not always simplistic to determine who is to blame, and it often comes down to a police officer deciding based on available evidence. Yet, there are times when an at-the-scene investigation simply does not provide all of the details. Consider, for example, how an Ponca City personal injury attorney works to prove someone was speeding in an accident when there may not be any physical, easy-to-access information to prove it.
What Can Be Done to Show Someone Was Speeding?
Speeding is a form of reckless driving that could be considered negligence, and as a result, if someone was speeding and that was the cause of your accident, it could mean you are owed substantially in the losses you have incurred. The problem is that there may not be any simple evidence available to show this. However, our legal team at BDIW will employ a number of strategies that can prove that this was happening, including some of the following:
- Witnesses are a good starting point and may include people who were in cars nearby, watching from the street, or in your vehicle (or the other party’s vehicle) when the incident occurred
- Physical evidence at the scene, such as road debris, skid marks, and the type of damage to the vehicle, can also provide insight into speeding
- The police report may be able to offer some insight as well based on the evidence that law enforcement found at the time of the incident
Our goal, as your car accident attorney, is to use any means necessary to determine what occurred. This may include the use of accident re-creation software and speaking to expert witnesses who can provide scientific reasons to believe that the individual was speeding. We look beyond just what your opinion is and work hard to find the evidence to support the claims you are making – and we are very successful in doing so.
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How the Scene Can Provide Ample Evidence
In many situations, the scene of the accident can provide a great deal of insight into what occurred, including where the vehicles hit as well as why. For example, skid marks can provide insight into how fast the car was going, including when and how the driver hit the brakes, offering clear insight into whether the car was speeding. A car that was speeding, for example, will have skid marks that are longer because it took longer to stop the vehicle.
Road debris can also provide insight based on what flew off the car at the time of the accident and the distance it traveled. That distance can be used by forensic experts to measure the speed at which the driver was traveling, and that can provide insight into speeding as well. In addition to distance, the angle and the type of damage can also be used in this same manner.
Forensic experts can also use the information on the car to determine if speeding was a factor, such as how much damage occurred. This may provide insight into what specific situations could have created the depth of impact or the amount of damage to the vehicle. All of this information can be critical in determining if someone was speeding in an accident.
How to File a Claim for Your Losses If They Were Speeding
One of the reasons why speeding is so important is because this information can help to show that someone else is responsible for the losses you have. Using this information, our attorneys can provide insight to the insurance company that showcases their fault in the case. With evidence, it is very hard for the insurance company to dispute this information.
Our car accident attorneys aim to maximize compensation for you, and reckless driving often means bigger and more complicated injuries and a longer recovery time. That could lend itself to a higher rate of compensation for you. Our attorneys want to ensure you are being treated fairly for the reckless and negligent behavior that someone else caused to you.
Also note that, in some situations, speeding can be seen as reckless behavior that warrants punitive damages, which are additional types of damages awarded by the court to victims. While not every case warrants punitive damages, these funds are meant to deter a person from engaging in that behavior again. If they are warranted in your case, we want to be sure you get them.
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What If the Police Report does Not Document Speeding?
There are some situations where the police report is the gold standard for awarding fault, but it is not always accurate, and oftentimes, it may be missing key information, including data about speeding. If the police report does not state that speeding occurred, that means the police officer at the scene could not prove that it was happening. However, with our information and data, we may be able to do so.
It is possible to get a police report changed, and we encourage you to allow your attorneys to pursue that process to ensure the best possible outcome occurs. Even if the police report is not changed, we can present information to the insurance company and provide insight in court to support the speeding claim. You can still fight for compensation owed to you even if it is not on the police report.
This is one of the reasons it is so critical to have an attorney with ample experience and the resources to support you by your side throughout this legal process after a rear-end accident caused by speeding. We encourage you to talk to us about what you remember occurred during the accident so we can go to work proving your losses were not your fault. Do not wait to reach out to us for help.
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Schedule a Free Case Review with Our Car Accident Attorneys Now
At BDIW, we work aggressively to protect our clients from losses. Set up a free case consultation to discuss what occurred in your case and learn how we prove someone was speeding in an accident. With millions recovered for our clients, reaching out to our attorneys is the best step for many.
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