Proving that the other driver was speeding can be a critical factor in a traffic accident case. If done correctly, it can show that the other driver breached their duty of care as a Missouri driver, and the other driver can be found at fault for the crash.
This can involve collecting concrete evidence such as skid marks, vehicle electronic data, eyewitness testimonies and more to show that the other driver was traveling faster than the posted speed limits.
If you or someone you love was involved in a car crash with another driver who was speeding, a skilled car accident attorney can help. Call the St. Louis personal injury attorneys at Niemeyer, Grebel and Kruse at (314) 350-1900 for a free case review today.
How frequently is speeding a factor in Missouri car crashes?
Speeding is unfortunately far too common a factor in car crashes. It contributes to approximately one-third of all car accidents in the state. More alarmingly, around 40% of deadly collisions involve unreasonable or unsafe speed.
In 2022, Missouri saw over 880 traffic fatalities, an alarming increase from previous years. The state’s per-capita traffic fatality rate stands at 14.4 fatalities per 100,000 people, higher than the national average of 11.2 fatalities. These sobering figures underscore the dangers of speeding on Missouri’s roads.
How do experts gather evidence of speeding?
Determining the other driver’s speed at the time of an accident requires collecting significant amounts of data and evidence. Some key pieces of evidence to consider include:
- Skid marks on the road
- Electronic data from vehicles
- Eyewitness testimony
- Surveillance footage
- Accident reconstruction analysis
Each of these pieces of evidence can be a crucial puzzle piece leading to the truth.
Analyzing skid marks and vehicle damage
When a speeding vehicle screeches to a stop, it leaves more than just skid marks on the road. These marks, coupled with the vehicle’s damage, can provide crucial information on the pre-impact speed of the vehicles involved in a crash.
Accident reconstructionists measure skid marks from each tire and determine the average skid distance to estimate the exact speed of a vehicle using a skidmark chart. The degree of vehicle damage, combined with manufacturers’ tolerance data on vehicle parts, can also indicate the speed at which a vehicle was traveling at the moment of impact.
This analysis is central to an accident reconstruction expert’s testimony regarding the pre-impact speed of the vehicles involved in the collision.
Reading from GPS-enabled devices and vehicle Event Data Recorders
Many vehicles today are equipped with Event Data Recorders (EDRs) that record vital information like:
- Speed before and at the time of impact
- Brake and accelerator use
- Steering input
- Seat belt use
This data can offer a snapshot of the vehicle’s behavior before and during a collision, such as when a driver hit something.
Alongside EDR data, GPS data can supplement the evidence of the vehicle’s speed at various instances, aiding in the detailed reconstruction of the accident. Collectively, they can provide conclusive proof of the at-fault driver’s speed when the accident occurred.
Gathering eyewitness accounts
Eyewitness testimonies can be a game-changer in establishing that another driver was exceeding the speed limit at the time of an accident. Eyewitnesses can include:
- Nearby residents
- Business owners
- Other drivers
- Passengers
- Pedestrians
- Individuals who stopped to assist
Third-party witnesses, in particular, contribute a unique and often clearer perspective on the collision. They can describe details that may be missed by those directly involved, providing a more comprehensive account of the incident.
The credibility of all witness accounts, however, can be influenced by several factors, including the witness’s objectivity, their location relative to the accident and how well they can remember the event.
Using details included in the police report
Police reports play an essential role in determining liability and compensation for insurance claims. These reports contain crucial details such as:
- Witness statements
- Environmental and road conditions
- The officer’s assessment of the incident
The officer’s assessment of fault within the police report is crucial as it may suggest the other driver’s responsibility due to speeding. If the officer’s opinion within the report indicates that speed was a contributing factor in the incident, it can be critical in proving that the other driver was the at-fault driver.
Traffic citations documented in the police report can also significantly influence the determination of the at-fault party in an accident. Payment of fines resulting from traffic tickets can be considered an admission of guilt, which can influence liability in accident cases.
Get expert legal help in your car accident case
If you or someone you know was involved in an accident with a speeding driver, this can be a trying and anxious time. You might be dealing with repair bills, time away from work and medical bills — and that’s just the beginning.
A skilled car crash attorney can ease the stress, handling all communications between you, the insurance companies and the other driver. At the same time, your attorney will work to maximize the amount of compensation you’re owed.
With two of the 2023 list of Best Lawyers as well as a Top 50 and Top 100 lawyer in the area of plaintiff’s personal injury by Super Lawyers Magazine, the attorneys at Niemeyer, Grebel and Kruse know how to get results. Call today at (314) 350-1900 for a free case review.
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