On the Fast Track to Disaster: Speeding Accidents Unveiled
Are you aware of the risks of speeding on the road? Have you ever wondered how a Shrewsbury speeding accident attorney can help you in such situations? Speeding accidents can have devastating consequences. Speeding accidents occur when drivers exceed the posted speed limits.
These accidents often result in severe injuries and property damage. Understanding the importance of legal representation in such cases is crucial for your well-being and recovery.
Quick Summary
- Speeding reduces a driver’s control and reaction time, leading to more severe accidents.
- Speeding-related accidents result in traumatic brain injuries, limb loss, spinal cord injuries, broken bones, nerve injuries, soft tissue issues, neck or back or shoulder injuries, burns, and scarring.
- After a speeding accident, prioritize safety, exchange information, gather evidence, contact law enforcement, seek medical attention, notify your insurance company, consult with a lawyer, and document damages.
- Liability in speeding accidents typically falls on the speeding driver but can involve shared liability or other parties.
- New Jersey’s statute of limitations for speeding accident claims is two years from the accident date, with exceptions like the discovery rule, age of majority rule, mental disability, absence of the defendant, and government claims.
- To establish negligence in a speeding accident injury claim, you must prove duty of care, breach of duty, causation, proximate cause, and damages.
- Compensation for a speeding accident injury claim may include medical expenses, lost income or benefits, physical or emotional suffering, property damage, scarring or disfigurement, loss of function, and loss of consortium.
Why is Speeding So Dangerous?
Speeding reduces a driver’s control over the vehicle and their ability to react quickly to avoid accidents. Reaction time is measured by how long it takes drivers to realize they need to brake and how quickly they can move their foot to the brake pedal. Most Americans have an average reaction time of 1.5 seconds.
Speed-related crashes not only cause more accidents but also result in more severe injuries than those at lower speeds. As speed increases, the crash energy absorbed by the human body rises significantly. For instance, when a car goes from 40 to 60 mph, the energy released in a crash more than doubles.
In bicycle and pedestrian accidents, even slightly higher speeds can be a matter of life and death. If a vehicle is traveling at 39 mph and strikes a pedestrian, there is twice the likelihood of severe injury or death compared to a collision at 31 mph.
What Are the Different Injuries Associated With Speed-Related Accidents?
Speeding-related accidents often result in more severe injuries and a higher chance of fatalities. A simple fender bender can turn into a devastating crash when a vehicle is speeding. Common injuries linked to these accidents include:
- Traumatic Brain Injuries and Head Trauma
- Traumatic Amputation or Loss of Limb
- Spinal Cord Injury
- Broken Bones or Fractures
- Nerve Injuries
- Soft Tissue Injuries
- Neck, Back, and Shoulder Injuries
- Burn Injuries
- Scarring and Disfigurement
What to Do Following a Speeding Accident in New Jersey?
If you’ve been in a speeding accident in New Jersey, it’s essential to know what steps to take. This will protect your rights and ensure a smooth process ahead. Speeding accidents can be overwhelming. Follow the steps below. You can navigate the aftermath effectively and seek the compensation you deserve.
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Ensure Safety First
Immediately after the accident, prioritize safety. Move your vehicle to a safe location if possible and turn on hazard lights. Check for injuries and call 911 for medical assistance if needed. Safety should always be the top concern.
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Exchange Information
Exchange contact and insurance information with the other driver involved in the accident. Gather details such as names, phone numbers, and license plate numbers. Also, collect insurance policy information. Be courteous and cooperative but avoid discussing faults.
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Gather Evidence
Document the scene by taking photos and videos of the accident. Capture vehicle damage, road conditions, and any visible injuries. Collect witness information if bystanders are willing to provide statements.
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Contact Law Enforcement
In New Jersey, it’s crucial to report the accident to the police, regardless of the severity. An official police report can be valuable in your insurance claim. It can also help in legal proceedings.
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Seek Medical Attention
Even if you think your injuries are minor, it’s important to seek medical attention promptly. Some injuries may not manifest immediately, and a medical evaluation can provide a record of your condition.
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Notify Your Insurance Company
Contact your insurance company as soon as possible to report the accident. Provide them with accurate information and details of the incident. However, avoid admitting fault or making statements that could be used against you.
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Consult With a Lawyer
Consider consulting with a New Jersey speeding accident attorney. They can help you understand your rights and guide you through the legal process. An attorney can also help you deal with insurance companies. They can also help you pursue compensation for your damages.
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Document Your Damages
Keep thorough records of all expenses related to the accident. Include medical bills, repair costs, and any other losses. This documentation will be crucial when seeking compensation.
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Be Cautious With Insurance Adjusters
If you receive calls from the other driver’s insurance company, be cautious when speaking with their adjusters. Consult with your lawyer before providing statements or accepting any settlement offers.
Who Can Be Held Liable for My Speeding Accident Injuries?
In a speeding accident, the driver who was speeding is usually responsible for the accident and its resulting damages. This is because of their negligence. Yet, in specific situations, liability may involve other parties or factors. Here are essential points about liability in speeding accidents:
Speeding Driver
The speeding driver is the main party responsible for the accident. Speeding is a clear violation of traffic laws and is considered negligence. This driver may be held accountable for all your damages. This includes medical bills, property damage, pain and suffering, and more.
Shared Liability
Both drivers in an accident may share some responsibility. New Jersey follows the comparative negligence rule to assess fault. If you are found partially at fault, your compensation may be reduced accordingly. Your lawyer will aim to prove you bear no responsibility for the accident.
Other Parties
Liability can involve other parties or entities in specific situations. If a vehicle defect or malfunction played a role in the accident, the manufacturer or maintenance provider might share responsibility. Also, if unsafe road conditions or signage contributed to the accident, the government entity in charge of road maintenance may be partly liable.
Liability of the Employer
If the driver responsible for the accident was working for their employer and speeding during job-related tasks, the employer might share some responsibility for the accident.
What is New Jersey’s Statute of Limitations for Speeding Accident Injury Claims?
The statute of limitations in New Jersey gives you two years from the accident date to file a lawsuit for speeding accidents. Knowing this law and other car accident regulations is vital when pursuing compensation for your losses. Whether you’re a driver, passenger, bicyclist, motorcyclist, or pedestrian, this two-year deadline applies.
If someone has lost their life due to accident injuries, the same two-year limit applies. A family member or representative of the deceased can file a wrongful death claim. The statute of limitations for wrongful death begins from the date of death. This might be different from the accident date.
What Are the Exceptions to This Statute of Limitations?
In New Jersey, you have two years from the accident date to file a speeding accident claim. But there are exceptions to this deadline, such as:
The Discovery Rule
The discovery rule in New Jersey lets you pause the statute of limitations until you discover your injuries. In simpler terms, the two-year limit starts when you realize your injury resulted from the speeding accident. This rule gives you up to four years from the original accident date to take action.
The Age of Majority Rule
This law pertains to injuries suffered by minors who want to file a claim for their damages. Under the age of majority rule, a child injured within two years of turning 18 can file an injury lawsuit.
Mental Disability
If the accident victim had a pre-existing mental disability unrelated to the accident, the statute of limitations can be paused until they regain the mental capacity to understand their rights.
Absence of the Defendant
If the at-fault party is out of state or you can’t serve them with the lawsuit, you might be able to pause the statute of limitations. You can then proceed with the lawsuit when you can. You or your attorney can do this by filing an affidavit with the court.
Government Claims
If a government agency or employee, such as an on-duty police officer, caused your accident and injuries, you must file your claim with the government agency within 90 days in New Jersey.
How Can I Establish Negligence of My Speeding Accident Injury Claim?
If you’ve been injured in a speeding accident, pursuing a personal injury claim may be an option to seek compensation for your damages. To establish a successful claim, it’s crucial to understand the elements of negligence that apply to your case.
Duty of Care
The first element of negligence is establishing that the at-fault party owed you a duty of care. In a speeding accident, this duty typically refers to the responsibility of all drivers to operate their vehicles safely. They must also obey traffic laws, including speed limits.
Breach of Duty
To prove negligence, you must demonstrate that the at-fault driver breached their duty of care. In a speeding accident, this means showing that they exceeded the posted speed limit or drove at an unsafe speed given the circumstances.
Causation
Causation involves proving that the defendant’s breach of duty directly caused your injuries. You must establish a clear link between the defendant’s speeding and the harm you suffered. This can be done through evidence such as accident reports, eyewitness testimony, and expert analysis.
Proximate Cause
Proximate cause is the legal concept that limits liability to injuries. These injuries must have been reasonably foreseeable as a result of the defendant’s actions. In a speeding accident, you must demonstrate that the injuries you sustained were a foreseeable consequence of the defendant’s speeding.
Damages
Lastly, you must prove that you suffered actual damages as a result of the accident. Damages can include medical expenses, property damage, lost wages, and pain and suffering. Other losses directly related to the accident are also considered.
What Compensation Can I Get for My Speeding Accident Injury Claim?
There’s no justification for exceeding speed limits. All responsible parties, including drivers, car owners, and trucking companies, should compensate victims of speeding accidents in New Jersey for both current and future damages. These damages encompass:
- Medical Expenses
- Lost Income and Lost Benefits
- Physical Pain and Emotional Suffering
- Property Damage
- Scarring and Disfigurement
- Loss of Function
- Loss of Consortium
Why Do I Need a Speeding Accident Attorney in New Jersey?
If you’ve suffered injuries in a speeding-related car accident caused by another driver, our Shrewsbury speeding accident attorney is here to help. Our firm is dedicated to ensuring that personal injury victims, like you, receive the rightful compensation they deserve. When we handle your case, it’s more than just legal representation.
We conduct a thorough accident investigation to build a strong case against the defendant. Here’s a glimpse of what you can expect as our client:
- Help you initiate an insurance claim.
- Initiate a lawsuit against the other driver if necessary.
- Engage in negotiations with the insurance adjuster.
- Scrutinize all available evidence, including video surveillance, engine data, skid marks, witness statements, the driver’s blood alcohol level, driving history, cell phone records, and more.
- Examine medical reports thoroughly.
- Assist in settling with the other driver or proceed to court to pursue the maximum compensation on your behalf.
Seeking Justice and Recovery After a Speeding Accident in New Jersey
In New Jersey, it’s vital to understand negligence to successfully pursue a speeding accident injury claim. Seek medical attention right away. Gather evidence. Consult with legal professionals. Doing these things can significantly improve your chance of getting compensation for your injuries and losses.
At Kreizer Law, we handle speeding accident cases in New Jersey. With our trusted Shrewsbury speeding accident attorney, we are committed to helping you navigate the complexities of the legal system. We will also fight for the compensation you deserve. Don’t hesitate to reach out to us today for a free consultation.
Discover how Kreizer Law can be your trusted partner in seeking justice and recovery after a speeding accident. Our law firm can also represent you in Intersection Accidents, Rear-End Collisions, Head-On Collisions, Drunk Driving Accidents, U-Turn Accidents, Home Accidents, and Motorcycle Accidents. Your rights matter, and we’re here to protect them.
