Almost every driver is guilty of speeding at least once in their lives. Maybe you didn’t notice the decrease in the speed limit or simply love going fast.
Whatever the reason you’re pressing down on the gas pedal, speeding can be dangerous. Going above the speed limit can result in an accident that can cause significant injuries and vehicle damage.
Even though the driver going over the speed limit may seem like the obvious at-fault party, this isn’t always the case. Determining liability in a speed-related car accident can be complicated especially in states like Florida with multiple insurance laws.
Who’s Liable in a Speeding Accident?
Speeding is illegal regardless of which state you call home. If you’re caught speeding by law enforcement, you’re probably looking at a hefty traffic fine. You may even end up with points being added to your driver’s license and this can result in higher auto insurance rates.
Receive too many speeding tickets and your insurance carrier may even drop your coverage. Your speeding tickets can signal to the insurance companies that you’re an at-risk driver.
You may think since speeding is illegal this simplifies determining liability and sometimes this applies. However, Florida is a comparative negligence state and this means more than one individual can be responsible for an accident, even if the other driver is speeding. For example, you make an illegal turn and are hit by a speeding vehicle. In this scenario, both drivers may be at fault.
How does comparative negligence work?
Fault is assigned to all parties responsible for causing an accident. You can assume up to 50% of the blame before you’re prohibited from filing a personal injury claim against the other driver’s insurance provider.
Who assesses fault in a speed-related car crash? Usually, the responding authorities investigate the accident scene and assign blame. The insurance adjuster can also assign blame. If you don’t agree with your percentage of fault, you can file an appeal. From there, both sides present their evidence to a judge or jury and the court can decide to decrease your percentage of blame or keep it the same.
Filing an Injury Claim in a Speed-Related Accident
Okay, you know if you’re being assigned any percentage of fault for the accident. If you’re partially to blame, you’ve decided on whether or not you want to file an appeal. Now it’s time to start working on your accident claim and there are a couple of steps you should follow.
Contact Your Insurance Provider
Florida is a no-fault insurance state. No, this doesn’t mean no one is responsible for causing a traffic accident. The insurance law only dictates who you file your initial accident claim with.
Regardless of who is responsible for causing the accident you always file your initial claim with your PIP (personal injury protection) provider. All drivers with vehicles registered in Florida must carry at least the state’s minimum PIP insurance requirements.
Your PIP policy should cover your economic damages. These are things like your medical expenses, property damage costs, and possible lost current income. Yes, PIP can help you recover lost wages if your injuries are preventing you from working.
However, there’s a catch. Not only does PIP not cover your non-economic damages, but it also doesn’t cover all of your economic losses. PIP only covers damages up to the policy’s cap or a total of 80% of your damages, whichever threshold you meet first.
So, regardless of your coverage, you’re still going to be left with at least 20% of your speed-related accident expenses.
Gather Evidence
After getting in touch with your PIP provider, you’re going to need evidence to support your claim. This evidence will also be necessary if you’re planning on filing an accident claim to recover your remaining damages not covered by your insurance provider.
Yes, you can file a claim against the at-fault driver’s insurance provider for your remaining damages. However, comparative negligence may reduce the value of your claim. This is something to keep in mind.
What type of evidence does the insurance company look for? Essentially, you need evidence to support every damage listed on your claim. This includes picking up a copy of your accident report and saving all paperwork relating to your injuries and property damage.
If you’re claiming lost income, you’re going to need your past pay stubs, tax records, and possibly even a letter from your employer.
Additional Evidence
You may need to present additional evidence, especially if you’re partially at fault for causing the accident. This can help ensure you’re not assessed more than your fair share of the blame.
Make sure to go ahead and get contact information from any witnesses. Their statements can help support your version of events. A quick tip is to keep the conversation brief. Don’t go into detail about the accident. The insurance adjuster is also going to interview the witnesses and you don’t want your statements used to try and reduce the value of your accident claim. Look for any surveillance cameras in the area.
Chances are there’s at least one or two. Almost every home and business uses some type of security camera system to help protect their property. The footage can be invaluable evidence that helps support your claim. Don’t forget about any traffic cameras. Your personal injury attorney can subpoena the footage.
Seek Medical Treatment
Not all speeding-related car accidents result in obvious injuries. However, if you’re walking around after the accident don’t presume you’re not injured. Some injuries like soft tissue ones can take a while to display noticeable signs and symptoms.
Being proactive about your health should be a priority. Besides, you’re going to need the medical documentation for your personal injury claim.
Discuss Your Speeding-Related Accident Claim with an Attorney
You may think you have every aspect of filing an accident claim under control. This may be true, at least as far as filing a claim with your PIP provider. However, the process gets a little more complicated when you file a claim against the other driver’s insurance carrier.
To help make sure that you can receive maximum compensation for your speeding-related accident, it’s a good idea to partner with an experienced personal injury attorney.