Why You May Need an Attorney to Build a Case Against a Speeding Driver
Posted on behalf of James Lynch on February 3, 2020 in Car Accident News. Updated on February 24, 2022
Speeding is one of the most common causes of car accidents. Unfortunately, you may have a hard time proving the other driver was going over the speed limit, and he or she or his or her insurance company may deny it.
If this happens, it is important that you have an experienced New Jersey car accident lawyer on your side who knows how to build a case against a speeding driver.
Physical Evidence
An experienced lawyer can take immediate steps to collect physical evidence that may indicate the other driver was speeding. Additionally, he or she can send letters to prevent spoliation of evidence.
Physical evidence that your lawyer may be able to gather or analyze to show speeding may include:
- Skid marks – These may indicate that a person tried to brake suddenly in order to avoid an accident. The length and depth of skid marks may allow investigators to determine when the driver first applied the brakes and how long it would have taken the vehicle to come to a complete stop. That may help investigators estimate the speed the vehicle was traveling before impact.
- Road debris – The amount of debris that goes flying during an accident may also indicate a driver’s speed, as investigators can measure the distance debris traveled after impact.
- Car damage – The damage to the vehicles is also very telling. The faster a vehicle is traveling at the point of impact, the more damage it will cause. All car manufacturers have collision ratings that detail the amount of damage done to them at different speeds.
- Electronic records – If you were hit by a commercial truck or a newer vehicle that stores electronic data, your attorney may be able to obtain this information to try to determine how fast the vehicle may have been traveling.
Witness Statements
Objective witnesses can provide powerful testimony about what happened. They may have seen the other driver speed through a red light or zipping around other cars.
Ask any witnesses at the scene of the accident for their contact information so your lawyer can follow up with them and find out what they may have seen.
Your lawyer may also want to consult various expert witnesses to support your claim, including:
- Medical experts who can explain the extent of your injuries, how they occurred and the future treatment you may require.
- Vocational experts can explain how your injuries may affect your future earning capacity.
Police Reports
Police reports may say who the officer believes is at fault and whether speeding was an issue. The police report may even state that the other driver was cited for speeding.
Your lawyer can obtain the police report and carefully review it to gather important information about the accident. If there is an error in the report, your lawyer can ask for the report to be revised.
Accident Reconstruction
In some cases, your lawyer may need to hire an accident reconstruction expert to analyze the evidence and recreate what happened. Some evidence the reconstructionist may analyze includes:
- Vehicle damage
- Skid marks
- Other property damage at the scene of the accident
- Witness statements
- Police reports
- The final stopping place of the vehicles
After carefully reviewing this information, the reconstructionist may be able to provide testimony about:
- The speed each vehicle was traveling
- The actions drivers took immediately before the collision
- The velocity of the impact
- The angle of impact
Contact the Lynch Law Firm, PC for Help
If you were injured by a speeding driver, the Lynch Law Firm, PC may be able to help you hold him or her accountable for your damages. Contact us today to set up a free case review.
Call the Lynch Law Firm, PC at (800) 518-0508.