What Are the Legal Implications of an Accident Caused by Speeding?

If you’ve been in an accident here in San Antonio, the details of who is liable will be worked out in the context of Texas’ comparative fault system for personal injury. Under this system, your reimbursement for damages could be reduced by the same percentage as your fault for the accident. This makes it vital that you not be blamed, and if you do hold some degree of liability (such as if you were speeding), it’s more important than ever to have a car accident attorney’s help.

Ask a San Antonio Car Accident Attorney: What Are the Implications of Speeding on My Case?

If You Caused the Accident

The most serious situation is if you actually caused the accident, or caused it primarily, by your speeding. If you are 51% or more at fault, you are not permitted to collect any damages, no matter how great your losses. In addition, you will face fines, and these fines will depend on the precise circumstances, including how fast you were going and whether you were speeding in a school zone or construction zone. Speeding in either of these places typically involves much greater fines. All of this will go on your driving record as well, and this can have implications in the long term for your insurance rates and potentially even for your freedom to drive at all, if you have enough violations on your record.

Your speeding also puts you at risk of a civil lawsuit brought by everyone else involved in the accident. If your insurance is not sufficient to cover their losses and damages, and you are primarily at fault, they can potentially bring a lawsuit against you to get reimbursement for their losses. Texas law does protect a fair amount of your personal property from civil suits of this kind, so you will not lose everything you have; but anything you don’t need for basic life might be taken from you. For example, if you have any real estate beyond your family home, a court could potentially order you to sell this to reimburse the victims of an accident.

If Someone Else Caused the Accident

If someone else is primarily at fault for the accident, you can still be held partially liable if you were speeding at the time. An investigation will be necessary to determine degrees of fault here, and it’s always critical to have a car accident attorney on your side to make sure you are not inappropriately assigned more liability than you should be. But in most cases, speeding will mean that you are assigned at least a bit of fault on the assumption that, if you had not been speeding, it might’ve been possible either to avoid the accident entirely or at least to have mitigated the consequences.

For example, if someone else runs a red light and hits you while you were speeding through an intersection, the person running the red light would almost certainly be held primarily responsible. However, if you were going 20 miles an hour over the speed limit, the other side may successfully argue that you would’ve been able to brake in time if you had been following the law. They might be able to assign you 20% of the fault in the accident on this argument, meaning that if your total losses and damages come to $55,000, you would only receive $44,000.

Important Things to Know About Speeding and Accident Claims

It’s Not Just About the Posted Signs

The law in Texas requires everyone to drive according to what is considered “reasonable and prudent” for the situation. This means that the number on the post sign is not actually the final determinate of what is or is not speeding. Speeding is whatever is unreasonable and imprudent for the situation.

Obviously this is open to interpretation, but it can complicate a car accident case. For example, if the posted speed limit is 35 miles an hour, but it was raining heavily at dusk at the time of the accident, you could still be held partially liable for speeding, even if you were going 35 miles an hour. Considering the weather conditions, 35 miles an hour might very well have been too fast for the situation. Texas law specifically requires drivers to slow down at intersections, railroad crossings, when there are hazards like weather or pedestrians, and when going up and down hills or along winding roads.

There’s Room for Negotiation

If you’re hurt in an accident caused by another driver, but you were speeding, the insurance company covering the other driver may tell you that they have determined you are a certain percentage responsible. This percentage may or may not be reasonable and fair: insurance companies are notorious for doing everything possible to minimize what they have to pay. If they can put even a few extra percentage points of blame onto you, they might be able to save themselves thousands of dollars.

Just know that you don’t have to accept the insurance company’s determination as gospel. You should immediately talk to your lawyer, who can do an independent investigation. Your lawyer will use all the evidence available, including possibly some which the insurance company did not use, to argue for a fair determination of fault. Your lawyer can then use this in negotiations with the insurance company. If the insurance company sticks hard to an unfair determination of fault, your lawyer can also take them to court, where a judge or jury will make the decision. In short, just because the insurance company says it doesn’t mean you have to take it lying down.

You Shouldn’t Make Assumptions

If you were speeding at the time of an accident, it is very possible that you are at least partially to blame. But you should still never accept blame at the scene or assume that you are primarily at fault. Even if you believe the accident is probably your fault, stick to the facts only as you talk to the police and the other driver. When you inform your insurance company about the accident, only give the facts without making any attempt to speculate about fault.

Then talk to a car accident lawyer as quickly as possible. Car accidents happen very quickly, and your perspective on the whole thing is limited. There could be factors that you were entirely unaware of that need to be considered in determining fault. Wait until your lawyer can do an investigation before you decide that you really are at fault.

Remember That Cars Have “Black Boxes”

Modern cars have something like the “black box” in an airplane that records information from the car’s computer. This is going to reveal exactly what speed you were going at the time of the accident. It’s always best to be honest in these situations, but you should never volunteer information. You don’t have to run up to the police when they arrive at the scene and tell them you were speeding. Wait until they ask; but if they do, always tell them the truth.

For help with your car accident case, reach out to the Gamez Law Firm in San Antonio today for a free consultation. You can also reach us in McAllen, Laredo, Dallas, Austin, and Houston.