Speeding increases the likelihood that the driver will lose control of the vehicle and cause a catastrophic accident. While the criminal courts may convict a speeding driver, the civil courts are there so victims can seek monetary compensation for their injuries. If you were hurt because of a speeding driver, let the experienced automobile accident attorneys of Miller, Montiel, & Strano, P.C. represent you in your personal injury case.
What Makes Speeding So Dangerous?
A speeding vehicle presents a number of hazards to motorists, pedestrians, bicyclists, and anyone else who may cross paths with the driver. Speed is especially deadly in a city like New York, where heavy traffic is constant and motorists are required to share the road with non-motorists. These are a few of the factors that make speeding particularly dangerous:
Loss of control. All drivers are expected to control their vehicles for the safety and well-being of others. When an automobile is traveling too fast, the driver is more likely to lose control and trigger a major accident.
More difficulty stopping. It takes more time and effort to safely decelerate from excessive speeds, especially for larger vehicles such as commercial trucks. If more time is required for a vehicle to slow down, there’s a greater chance that it won’t do so in time to avoid a collision.
Reduced tire grip. Speeding reduces the effectiveness of a tire’s grip on the road, which in turn makes it more difficult to stop. This can be particularly dangerous during bad weather when rain, snow, or ice are added to the mix. On top of this, many automobiles’ tires are worn down or bald, making speeding even riskier.
More severe accidents. Colliding with another vehicle is bad enough, but speed can make a relatively minor accident disastrous. The weight of the vehicle can play a role in this as well, with heavier trucks causing more serious wrecks compared to lighter automobiles.
In light of the above, the following factors can aggravate the consequences for the speeding victim:
- Heavy traffic
- Bad weather
- Larger vehicle
- Poor tires
- Distracted driving
- Violating other traffic laws
If these or other conditions were present in your speeding accident, your attorney will make it a point to highlight them. Doing so helps support the victim’s claim that the at-fault driver was negligent or even reckless. Such factors can also support a demand for more monetary compensation, known as damages in a personal injury lawsuit.
Possible Damages In A Speeding Accident Claim
Because of the risk of serious injury caused by speeding, an accident victim may be able to seek substantial damages from the driver’s insurance company. Every case is unique in terms of the nature and amount of damages that could be available, so be sure to seek the counsel of an experienced automobile accident lawyer.
Generally, speeding accident victims can seek such damages as:
- Medical bills. Speeding accidents can cause major bodily injuries, such as spinal cord damage and internal bleeding, which require intense medical attention. No-fault insurance coverage may be quickly exhausted. The driver could be ordered to pay for hospitalization, ambulatory services, surgery, lab work, medical equipment, and other costs.
- Physical therapy and rehabilitation. A speeding accident victim could require rehabilitation and physical therapy to fully heal. These are costs that the driver or the driver’s insurance company should be responsible for paying.
- In-home personal care for victims with permanent injuries. If your injuries are irreversible, you may need personal care for the indefinite future (or even for the rest of your life). Your attorney will work to obtain compensation for whatever medical needs you are expected to have.
- Lost income and lost future income. While you are recovering from your injuries, seeing your doctor, or tending to other accident-related matters, you won’t be able to work. You may not even be able to return to your previous career because of the accident. Compensation may be available for these losses.
- Emotional distress, pain and suffering, and loss of enjoyment of life. These are known as non-economic damages. They are intended to compensate the victim for intangible losses, as compared to medical bills and lost wages where the dollar value can be more easily calculated.
- In some cases, punitive damages. Punitive damages are intended to punish the driver for his or her actions. Although they are not normally available, punitive damages can be awarded in cases of particularly egregious conduct.
- In the event the victim dies, wrongful death damages. Wrongful death claims are similar in many ways to personal injury lawsuits, but the damages are somewhat different. Our firm can represent the eligible survivors of the deceased speeding accident victim.
How A Speeding Accident Attorney Can Help
Your lawyer will work to build a case against the responsible driver by obtaining the necessary evidence that he or she was speeding at the time of the wreck and that the speed resulted in your injuries. We will work with expert witnesses who will provide valuable testimony related to the accident itself, your damages, and more.
Our firm also handles negotiations with the driver’s insurance company. If the insurer is cooperative and makes a fair settlement offer, the case may be settled outside of court. But if the insurance company refuses to negotiate in good faith, our attorneys will take the matter to trial.
Contact Our Queens Speeding Accident Attorney
Speeding destroys lives and leaves countless victims in its wake. That’s why the dedicated attorneys of Miller, Montiel, & Strano, P.C. are here to advocate for accident victims. Were you or a loved one hurt because of a speeding driver? Reach out to us today to find out more about how we can serve you.