You were going a little over the limit when the other driver blew through a stop sign and hit you. Now you are hurt, your car is totaled, and you cannot stop wondering whether the fact that you were speeding just ended any chance of getting compensation. It is one of the most common fears people have after an accident, and it is also one of the most misunderstood parts of personal injury law.
Aldous Law represents accident victims throughout the region. Call us today at (214) 526-5595 to talk through your specific situation and find out where you actually stand.
Being Partly at Fault Doesn't Always End a Claim
Many people assume that if they were doing anything wrong at the time of a crash, including speeding, they automatically lose any right to compensation. That assumption is often wrong. In most states, being partially at fault for an accident does not automatically bar you from recovering damages. Instead, the law typically reduces your compensation based on your specific share of the fault, rather than eliminating your claim entirely.
How Comparative Fault Works
Comparative fault, also called comparative negligence, is the legal framework courts use to divide responsibility between multiple parties involved in an accident. Rather than treating fault as all-or-nothing, comparative fault systems allow for a more proportional approach.
Pure vs. Modified Comparative Negligence
Under a pure comparative negligence system, an injured person can recover compensation even if they were mostly at fault for the accident, though their recovery is reduced by their percentage of fault. Under a modified comparative negligence system, an injured person can only recover compensation if their share of fault falls below a certain threshold, commonly 50 or 51%, depending on the specific state. Which system applies can significantly affect your ability to recover compensation if your own speed contributed to the crash.
How Fault Percentages Reduce Recovery
Under either system, your compensation is typically reduced by whatever percentage of fault you are assigned.
For example, if a jury determines your damages total $100,000 but finds you were 20% at fault for speeding, your recovery would generally be reduced to $80,000. This proportional reduction is the mechanism that allows many injured people to still recover meaningful compensation even when their own conduct played some role in the crash.
How Insurers May Use Your Speed Against You
Insurance companies are well aware of how comparative fault rules work, and they often look for any opportunity to increase the percentage of fault assigned to an injured claimant, since doing so directly reduces how much they have to pay. If an insurer learns you were speeding at the time of a car accident, they may attempt to argue that your speed was a significant contributing factor, even in situations where the other driver's conduct was clearly more egregious, such as running a red light or driving while distracted.
When the Other Driver Is Still Mostly Responsible
Even if you were speeding, the other driver can still bear primary responsibility for causing an accident if their own conduct was the more significant factor. A driver who runs a stop sign, fails to yield, or drives while distracted can still be found predominantly at fault even when the injured party was traveling above the speed limit at the time of the crash.
According to data from the National Safety Council and NHTSA, speeding is a significant factor in crash severity, accounting for 29% of all car accidents but it is far from the only factor courts and insurers consider when apportioning fault.
Evidence That Can Help Balance the Fault Picture
Strong evidence can help demonstrate that the other driver's actions were the primary cause of the accident, even when your own speed is part of the conversation.
Independent Witnesses
Statements from witnesses who saw the accident unfold can provide an objective account of what happened, helping to clarify whether the other driver's actions were the true cause of the crash regardless of your speed at the time.
Camera and Vehicle Data
Traffic camera footage, dashcam video, and vehicle data recorders can provide objective information about speed, braking, and the sequence of events leading up to a collision. This type of evidence can be particularly valuable in countering an insurer's attempt to overstate your share of fault. In more severe cases, such as a collision with a semi-truck or a high-speed fatality, this kind of data often becomes central to determining what actually happened.
Mistakes to Avoid If You Think You Were Speeding
If you believe your own speed may have played a role in an accident, a few common mistakes can make your situation worse:
- Admitting fault or apologizing at the scene, which can be used against you later
- Giving a recorded statement to an insurance company before speaking with an attorney
- Assuming your claim has no value simply because you were speeding
- Failing to gather or preserve evidence, such as photos or witness information, before leaving the scene
Avoiding these missteps can help protect whatever portion of compensation you may still be entitled to recover.
Talk to a Personal Injury Attorney
At Aldous Law, we understand that fault after an accident is rarely as simple as who was speeding and who was not. We take the time to thoroughly investigate the full picture, gather independent evidence, and push back against insurance companies that try to place an unfair share of blame on injured clients. Whether your case involves a personal injury claim following a car accident or, in the most tragic cases, a wrongful death, our team is prepared to fight for the compensation you deserve.
If you were injured in an accident and are worried that your own speed might disqualify you from compensation, do not assume the worst before speaking with an attorney.
Contact Aldous Law at (214) 526-5595 for a consultation, and let us help you understand your rights and next steps.
