Does Excess Speed Affect Illinois Car Accident Liability?

 Posted on July 14, 2024 in Car Accident

Speed limits are in place for a good reason; when drivers follow the speed limit, there is a safe and efficient flow of traffic with less chance of auto accidents. Speeding, along with failure to maintain a safe distance between other vehicles, can cause drivers to lose control of their vehicle and cause car accidents. It is estimated that between 40 and 50 percent of all drivers routinely exceed the speed limit.  In 2022, more than 12,000 auto collision fatalities were directly related to excess speed.

Drivers who exceed the speed limit have less time to react to an unexpected situation and require a longer distance to stop or slow down. Even modest increases in speed can cause major increases in crash energy. The aftermath of a car accident can feel overwhelming, and virtually always benefits from having a Rolling Meadows personal injury attorney who will handle all the legal issues.  

How Can Excess Speed Cause or Impact a Car Accident?

High speeds cause or impact many auto collisions. A number of factors are involved in these high-speed crashes. In general, the higher the speed, the more likely a car crash will occur. Excess speed also results in more serious injuries for all those involved in the accident. There are two primary issues related to excess speed: the relationship between the collision speed and the severity of the crash and the relationship between speed and the risk of a crash.

There is also a third issue, which is the size or the mass of each vehicle. Occupants in lighter vehicles usually sustain more severe injuries than those in heavier vehicles because larger vehicles absorb more of the released injury. When vehicles are "incompatible" or very disparate in size, the injuries to those in the smaller vehicle are virtually always more catastrophic or even fatal.  

How Can You Prove the Other Driver Was Speeding?

Those injured by an at-fault driver may be fairly certain the other driver was speeding, but how can excess speed be proven? Most drivers who were speeding at the time of a car collision are unlikely to confess they were speeding, and the human eye cannot accurately gauge the speed of a vehicle. Evidence is required to prove that speed caused, or at least a factor in the accident. Establishing speed prior to an accident can be proven by:

• Data taken from onboard electronic devices found in most newer vehicles can help prove speed at the time of the collision.
• Onboard video dash cameras from either vehicle may help prove the speed of the at-fault driver.
• Video footage from nearby shops or traffic cameras may have recorded the accident. This footage can help prove speed.
• If the at-fault driver was using a GPS device or a GPS phone app to navigate from point A to point B, the starting time, the time of the crash, and the time the driver was supposed to arrive at point B could prove excess speed.
• A layperson cannot give an expert opinion about speed based solely on witnessing the accident. However, if a proper foundation is laid, an eyewitness may be able to say the vehicle was speeding, even if they cannot testify as to the actual speed.  

What if You Were Partially at Fault for the Accident?

If excess speed can be clearly shown to have caused or at least partially caused the accident, then the speeding driver may be judged to be at fault. However, under the comparative negligence laws of Illinois (735 ILCS 5/2-1116), an injured party may recover damages only if they are 50 percent or less at fault for the accident and resulting injuries. So, if one driver’s speed was the primary cause of the accident, but the other driver did not come to a complete stop at a stop sign, then the settlement will be reduced by the percentage of fault assigned to the non-speeding driver.    

Contact an Arlington Heights, IL Personal Injury Attorney for Legal Help

Dealing with the aftermath of a car accident caused by a negligent driver can be one of the more difficult experiences you will face during your lifetime. If you were severely injured in the accident, you may be unable to work and make a living while facing an onslaught of medical expenses. You should not have to handle this on your own. An experienced car accident attorney from Newland & Newland, LLP can handle all the legal aspects of your accident while you have the time you need to heal. Contact Newland & Newland, LLP at 847-797-8000 to speak to a highly skilled Palatine, IL personal injury attorney.