How Can Your Lawyer Prove the Other Driver Was Speeding?

proving a driver was speeding

If you’ve been involved in an accident caused by another driver who was speeding, it may be difficult to prove fault without any eyewitnesses or video evidence. Here, we’ll explain what evidence your Canton accident lawyer can use to prove the other driver was speeding and caused the crash.

Speeding Is a Leading Cause of Motor Vehicle Accidents

Speeding is one of the most common causes of motor vehicle accidents, along with distracted driving and drunk driving.

According to National Safety Council statistics, there were 11,057 fatal automobile crashes caused by excessive speed in 2021, with 12,330 people killed. 29% of all traffic fatalities in the U.S. that year were caused by speeding.

It Can Be Difficult to Prove Someone Was Speeding After the Fact

One thing that frustrates some of our clients is that it can be very difficult to prove the other driver was speeding at the time of the crash. Your auto accident lawyer will have to prove this if you expect to recover damages.

The defendant is going to argue that you were the one who caused the crash. If there were no witnesses around to see what happened, it could turn into a “he said, she said” situation. That’s not good for anybody but the defendant.

Your Lawyer Will Review the Police Report

One of the first things your attorney will do is review the police report. When the police first arrive on the scene, they’re going to conduct a thorough investigation of the accident.

Police will try to determine if either driver was speeding. They can usually tell from the damage to the cars if speeding was involved. Unfortunately, it’s not always easy to tell which of the drivers was speeding at the time of the collision.

The Police May Talk to Witnesses Who Saw the Defendant Speeding

While at the scene, the police officers will try to find people who saw the accident transpire. If they manage to find any eyewitnesses, they’ll ask them to provide a statement. 

If any of these witnesses say they saw the other driver speeding, the officer will put this into their report. Your attorney can then talk to the witness and see if they’re willing to sign an affidavit or testify on your behalf.

The Other Driver May Admit That They Were Driving Too Fast

There are times when the other driver may tell the police that they may have been driving too fast. For example, if you have two passengers in your car and they attest to the fact that the defendant was speeding, they may admit some degree of fault.

accident reconstruction can provide evidence of speeding

Your Attorney Can Hire an Accident Reconstructionist

In cases where proving fault is difficult, our lawyers may hire accident reconstruction experts. These experts are typically engineers. They know the inner workings of cars and what happens when they collide. They can take a look at the damage to the vehicles and the accident scene and determine if the other driver was speeding.

Camera Footage May Show the Driver Was Speeding

Depending on where the accident took place, your accident attorney may be able to consult intersection cameras. If there happened to be a camera where your accident occurred, it can help your case.

If there is a video recording showing that the defendant was speeding prior to the crash, your lawyer will submit it as evidence. The other driver’s lawyer may claim that you were also speeding. However, between your expert witnesses and police report, you should be able to prove fault.

Once your lawyer does this, they can proceed to prove your damages.

Contact a Canton Accident Attorney Right Away

If someone is speeding and smashes into your car or SUV, you’ll probably suffer pretty serious injuries. It doesn’t seem fair that you should be left responsible for your medical bills and other expenses. That’s why we suggest you see an experienced Georgia accident lawyer as soon as possible after the crash.

Our accident attorneys will work hard to make sure you get the compensation you deserve. Ideally, we’ll be able to resolve your case without the need for legal action. However, if need be, we will file suit on your behalf.

All you have to do is call our office at 770-HELP-NOW and speak with one of our representatives to schedule your free, initial consultation.

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