Practice Areas Car Accidents Speeding Accidents

Motor Vehicle Collision Lawyers Serving the Boca Raton Area

According to the National Highway Traffic Safety Administration, about 10,000 people are killed by speeding in a typical year. After a speeding accident involving serious injuries, you may be anxious about how you will pay for expensive and ongoing medical care while also needing to take time off from work. You may experience significant pain and mental anguish. Similarly, if you have lost a loved one to a speeding accident caused by someone else, your grief may be complicated and weighed down by practical concerns such as how you will pay your mortgage and who will care for your children. You may be able to bring a lawsuit to recover those damages. An experienced Boca Raton car accident lawyer at The Grife Law Firm can explain your options.

No-Fault Insurance

Florida is a no-fault insurance state. This means that you must first turn to your own insurer for economic losses, such as medical bills, after a speeding accident, regardless of who was at fault. However, if you suffer permanent injuries as a result of a speeding accident, you can sue an at-fault driver to obtain compensation, including noneconomic damages like pain and suffering. Under Florida Statute 627.737(2), a permanent injury is defined as the permanent and significant loss of an important bodily function, a permanent injury within a reasonable degree of medical probability, death, or permanent and significant scarring and disfigurement. Florida law requires every motorist to carry at least $10,000 in Personal Injury Protection (PIP) coverage. The PIP coverage is to cover medical bills and lost wages that a driver may suffer in an accident, regardless of fault.

Establishing Fault for a Speeding Accident

In a personal injury lawsuit, your car accident lawyer will most likely need to prove negligence. That means that you will need to prove that the other driver owed you a duty of reasonable care, they breached this duty, and the breach caused the accident. All drivers owe a duty to make sure that other people on the road are reasonably safe, which includes following traffic laws like the posted speed limit.

Under Florida Statutes section 316.183, drivers are not permitted to drive at a speed greater than what is reasonable and prudent under the conditions with regard to potential and actual hazards. Drivers are supposed to reduce their speed when approaching the crest of a hill while going around a curve while going through intersections and under certain other conditions.

Whereas a violation of a penal statute constitutes negligence per se in Florida, a traffic violation such as a speeding violation is not negligence per se. However, it can be used as strong evidence of negligence. After an accident involving injuries, it can be important to call the police to the scene. The police may issue citations for violations, such as speeding, which can be helpful when suing for damages.

Damages for a Speeding Accident

Since speeding accidents involve a high-velocity impact, they can cause many serious injuries. A victim may suffer permanent brain trauma or spinal cord damage, among other conditions. As a result, they may be able to recover many forms of economic and non-economic damages. These may cover their past, present, and future medical expenses in addition to their lost income and earning capacity and their pain and suffering related to the accident. Medical experts, vocational specialists, and other witnesses can testify about the effect of the accident on the victim’s life and their loved ones.