If you lost a loved one in a car accident caused by someone else's reckless behavior, you're not alone. According to the National Highway Traffic Safety Administration (NHTSA), speeding is a factor in 29% of fatal accidents. That's nearly one in three deaths on our nation’s roads that might have been avoided if drivers had simply followed the speed limit.
After losing a close family member due to a car accident, the grief can be overwhelming as you try to piece together your life without your loved one. What makes this tragedy even more heartbreaking is that it may have been preventable.
People make a conscious decision to speed, so it only compounds your grief and suffering knowing your loved one would still be alive were it not for another person’s careless decision. Now, you’re dealing with final medical expenses, funeral and burial costs, and perhaps the loss of income and support your loved one provided.
You may qualify to obtain compensation from those responsible for your loss. A fatal car accident attorney can review your case at no cost and advise you of your options. If you qualify, a lawyer can help you pursue a wrongful death claim to recover damages resulting from a fatal speeding accident.
Startling Statistics on Speeding-Related Fatalities
The fact that speeding is a factor in 29% of fatal accidents is alarming enough. However, when we break down the NHTSA data further, the picture becomes even more concerning:
- Speeding-related crashes claimed 12,151 lives in the United States during a recent year.
- More than 300,000 people sustained injuries in speed-related crashes.
- Around 29% of drivers who caused fatal speeding accidents didn’t have a valid driver’s license.
- Young drivers (ages 15-20) make up the highest percentage of drivers involved in fatal speeding accidents. Young males were involved in around 35%, while 19% involved young females.
- More than 87% of fatal crashes due to speeding occurred on non-highway roads.
- Drivers with high blood alcohol content (BAC) levels were involved in fatal speeding accidents more frequently than sober drivers.
- Speeding was a factor in around 35% of motorcycle fatalities.
Although 29% is the national average, state-specific percentages can be higher or lower. For instance, Minnesota has a speeding-related traffic fatality rate of 30%, while North Dakota has a rate of 28%. Wisconsin aligns with the national rate of 29%, while Iowa’s rate is lower at 22%.
Speeding is slightly behind drunk driving as the most common cause of fatal traffic accidents.
Speeding Increases the Severity of Accidents
It's not just that speeding makes accidents more likely to occur – it also dramatically increases the severity of crashes when they do happen. There are several reasons for this:
Let's cover each one.
Increased Stopping Distance
When a driver is speeding, their vehicle requires a much longer distance to come to a complete stop. This increased stopping distance can mean the difference between a near-miss and a devastating collision. For example:
- At 20 mph, the average car needs about 40 feet to stop.
- At 40 mph, that distance triples to 120 feet.
- At 60 mph, it takes a whopping 240 feet to come to a complete stop.
These figures assume ideal road conditions. In wet or icy weather, stopping distances increase even further. Additionally, these figures account for “thinking distance” as well as “braking distance.” Speeding reduces the time a driver has to react to changing traffic conditions, increasing the risk of crashes.
Reduced Reaction Time
Speed doesn't just affect a vehicle's ability to stop – it also impacts a driver's ability to react to sudden changes in road conditions or the actions of other drivers. At higher speeds, drivers have less time to process information and take evasive action. This can lead to:
- Failure to notice pedestrians or cyclists
- Inability to navigate turns or curves safely
- Reduced capacity to adjust to sudden traffic slowdowns
Greater Force of Impact
Perhaps the most devastating effect of speeding is the increased force of impact in a collision. The physics are simple but sobering: the faster a vehicle is traveling, the more kinetic energy it carries. In a crash, this energy is transferred to whatever the vehicle strikes—be it another car, a stationary object, or a pedestrian.
The relationship between speed and impact force is not linear—it's exponential. Doubling your speed quadruples the force of impact. This means that even small increases in speed can have dramatic effects on crash outcomes:
- A pedestrian hit by a car traveling at 20 miles per hour has a 90% chance of survival.
- At 30 miles per hour, the survival rate drops to 50%.
- At 40 miles per hour or above, the pedestrian is unlikely to survive the impact.
These stark realities underscore why speeding is such a critical factor in fatal accidents. Now, let's explore the legal consequences for drivers who choose to put lives at risk by exceeding speed limits.
Legal Consequences of Speeding in Accident Cases
When a driver's decision to speed results in an accident, they may face severe legal repercussions. These consequences can be both criminal and civil in nature.
Criminal Penalties
In most states, speeding that leads to an accident can result in criminal charges, especially if the crash causes injury or death. Possible charges include:
- Reckless driving
- Vehicular assault
- Negligent homicide (in cases of fatal accidents)
Penalties for these offenses can include:
- Hefty fines
- License suspension or revocation
- Jail time (particularly for repeat offenders or in cases involving fatalities)
Civil Liability
Beyond criminal charges, speeding drivers who cause accidents may also face civil lawsuits from injured parties or the families of those killed in crashes. In these cases, the at-fault driver may be held liable for:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- In fatal cases, wrongful death damages
In severe accidents resulting from speeding, the financial consequences for the at-fault driver can be substantial.
Impact on Insurance Claims
Speeding can also have significant implications for insurance claims:
- If you're the at-fault driver, your insurance rates are likely to increase dramatically.
- Your insurance company may deny coverage if you were engaged in reckless behavior (like excessive speeding).
- If you're the victim, the at-fault driver's insurance may try to argue that you shared some responsibility for the accident to reduce their payout.
These complex legal and insurance issues underscore the importance of having skilled legal representation if you've been involved in an accident a speeding driver caused.
Getting Compensation After a Fatal Speeding Accident
Losing a loved one in a fatal car accident caused by a speeding driver is a devastating experience. While no amount of money can make up for your loss, pursuing compensation can help ease the financial burden and hold the at-fault party accountable. Here are the steps you can take:
Contact a Personal Injury Attorney
Reach out to an experienced personal injury lawyer as soon as possible. They can:
- Investigate the accident thoroughly
- Gather evidence to prove the other driver's negligence
- Handle all communication with insurance companies
- Calculate the full extent of damages
- File a wrongful death lawsuit if needed
- Negotiate for fair compensation on your behalf
Your attorney will work to recover damages like:
- Funeral and burial expenses
- Lost income and benefits
- Loss of companionship
- Pain and suffering
- Punitive damages in cases of extreme recklessness
By letting a skilled lawyer manage the legal process, you can focus on grieving and healing. Most personal injury attorneys offer free consultations and work on a contingency fee basis, so there's no upfront cost to get experienced and compassionate help during this difficult time.
Be Aware of Your State’s Statute of Limitations
Each state has a legal deadline for filing a wrongful death action. For example, Minnesota and Wisconsin both allow you three years from the date of the death to file a wrongful death lawsuit in civil court. North Dakota and Iowa allow only two. If you fail to have an attorney file a wrongful death suit for you within your state’s statute of limitations, the court will likely dismiss your case, leaving you no legal recourse to get the compensation you need.
You must consult an attorney as soon as possible to ensure you don’t miss any important deadlines that would prevent you from recovering damages. Also, you need to begin the process quickly to preserve valuable evidence and witness testimony, if applicable.
Why You Need Experienced Legal Representation
When you're dealing with the aftermath of a car accident, especially one caused by a speeding driver, having an experienced personal injury attorney on your side can make a world of difference. Here's why:
- Legal knowledge: Personal injury law is complex, with many nuances and potential pitfalls. An experienced attorney understands these intricacies and can navigate them effectively.
- No upfront costs: Most personal injury attorneys work on a contingency fee basis, meaning you don't pay unless they obtain compensation for you.
- Objectivity: When you're dealing with the emotional trauma of an unexpected loss, it can be hard to make clear-headed decisions. An attorney can provide objective advice and guidance.
- Investigative resources: Personal injury lawyers often have access to accident reconstruction experts, medical professionals, and other specialists who can strengthen your case.
- Negotiation skills: Insurance companies have teams of lawyers working to minimize payouts. You need someone equally skilled in your corner.
- Trial skills: If your case goes to trial, you must have an attorney with trial experience. They will know how to file a lawsuit and engage in discovery. They can also present a compelling case in court to help sway the judge or jury’s decision in your favor and fight for the maximum compensation possible.
One important intangible benefit of working with an attorney is peace of mind. You can rest easier knowing a skilled professional is handling the legal complexities, allowing you to focus on recovering from the event.
How an Attorney Can Help Build a Strong Case
An experienced car accident attorney will:
- Conduct a thorough investigation: This includes visiting the accident scene, reviewing police reports, interviewing witnesses, and consulting with experts.
- Gather and preserve evidence: Your attorney will collect all relevant evidence, including photos, video footage, and physical evidence from the crash site.
- Handle all communication: Your lawyer will deal with insurance companies and other parties, protecting you from potentially damaging statements.
- Calculate full damages: An experienced attorney knows how to accurately assess all current and future costs related to your accident.
- Negotiate for a fair settlement: Your lawyer will negotiate tenaciously to maximize your financial recovery, often without the need for a trial.
- Prepare for trial if necessary: If the at-fault party’s insurance company refuses to offer a fair settlement, your attorney will be ready to take your case to court.
Contact a Car Accident Attorney Now
If a speeding driver caused a crash that killed a close family member, the experienced car accident attorneys at Nicolet Law Accident & Injury Lawyers are ready to fight for your rights and help you secure the compensation you deserve.
Keep in mind that only certain eligible family members may bring wrongful death actions. These typically include the surviving spouse, children, or parents. Our lawyers can inform you whether you qualify to pursue a wrongful death claim and guide you through the process. With our help, you can get the money and support you need to move on from this senseless and preventable tragedy.
Don't let the insurance companies take advantage of you, and don’t settle for less than you deserve. Contact Nicolet Law Accident & Injury Lawyers today for a free, no-obligation consultation. We'll review your case, explain your options, and help you take the first steps toward justice and fair compensation.