Speeding is one of the most common causes of serious and fatal automobile accidents in New York State. Every day, thousands of drivers speed through downtown or on state highways due to reckless driving, aggression, distraction or negligence. If another driver’s careless or dangerous acts resulted in a serious speeding accident, contact a local car accident attorney to discuss your legal rights.
What Is New York’s Definition of “Speeding?”
In New York, every public roadway has a posted speed limit, or a sign stating the maximum allowable speed for all motor vehicle traffic on that road. Exceeding the posted speed limit is a moving violation that could lead to a traffic ticket, fine or even criminal charges.
Speeding can also refer to driving at an unsafe speed based on the road, traffic or weather conditions at the time. New York drivers are expected to slow down when necessary to avoid special hazards, such as wet or icy roads, curves, and pedestrian foot traffic.
Who Pays for a Speeding Accident in New York?
New York uses a no-fault car accident insurance law. Under this rule, every motor vehicle driver must carry personal injury protection (PIP) insurance to cover their own medical costs and other losses after an automobile accident, regardless of who is at fault.
When a car accident occurs, anyone who is injured can seek coverage from their own auto insurance policy without having to prove fault. Injured car accident victims have the option of suing for additional damages, including non-economic damages (also known as pain and suffering), if their injuries meet the state’s tort threshold.
Serious injuries that cause significant scarring or disfigurement, permanent loss or limitation of a body function or organ, dismemberment, loss of a fetus, or death allow speeding accident victims in New York to file a lawsuit against the at-fault driver.
How to Prove That the Other Driver Was Speeding in Your Car Accident Claim
Holding a speeding driver responsible for causing a harmful accident in New York could lead to greater financial compensation than a no-fault claim alone. To secure a settlement or judgment award in a case against a negligent driver, however, there must be proof of fault.
Evidence often used to prove that another driver was speeding may include:
- Witness statements
- Video footage of the speeding car in the moments leading up to the crash
- The extent of the property damage caused by the collision (higher speeds equal more severe damage)
- Data from law enforcement radar guns
- Any tickets given to the driver or a criminal speeding conviction
- Police report and officer testimony
- Vehicle black box data
The goal of the evidence collected is to show that the at-fault driver was exceeding a posted speed limit or driving faster than was safe for conditions in the moments leading up to the crash. Proof of speeding can make an injured victim eligible for financial compensation that exceeds insurance policy limits.
How Can a Speeding Accident Lawyer Help You Achieve Justice?
Speeding accidents are often connected to catastrophic, permanent and deadly physical injuries, as well as highly expensive medical costs and property repairs. If you or someone you love has been involved in a speed-related accident anywhere in New York, don’t hesitate to contact Abaev Law Firm, PLLC for legal assistance and advice.
A car accident lawyer can help you gather information about your accident, preserve and collect evidence against the other driver, and negotiate with insurance claims adjusters for a fair settlement. If necessary, a lawyer can hire crash reconstructionists, traffic experts and medical experts to testify.
You can rely on an attorney to work hard to deliver the results you need while you recover from a high-speed crash. For more information, contact us at (212) 763-7738 for a free consultation.