Considering the risky behavior most Southern California drivers can exhibit on the roads from time to time, it’s no surprise car accidents are daily occurrences. Distracted driving such as cell phone use, tailgating, driving while intoxicated, and speeding have all been cited as factors in a large portion of collisions in the Murrieta area. Speeding is one of the most common factors in serious accidents and fatalities – 9,378 people in the United States lost their lives to speed-related collisions in 2018 alone despite measures by government agencies, lawmakers, and law enforcement to enforce speed limits and raise awareness of this dangerous practice. Excessive speed, especially traveling over posted speed limits, is a negligent behavior that can make the offender liable for damages resulting from a speed-related car accident. If you were injured in a car accident involving excessive speed, you should consult an experienced Murrieta Speeding Collision Attorney to see if you may be entitled to compensation.
How Can Speeding Increase the Risk of Accidents?Excessive speed has numerous effects on a driver and their vehicle, and it plays a factor in 31 percent of all fatal crashes according to the National Highway Traffic Safety Administration. Studies have shown that speed is proven to:
- Increase the distances a driver needs to stop their vehicle once they begin to brake,
- Decreases a driver’s reaction time,
- Decreases the time available for a driver to observe hazards on the roadway and begin taking evasive measures or defensive driving maneuvers, and
- Increases the possibility a driver will lose control of their vehicle.
Speed limits are in place to help drivers and their passengers safe on the road. However, when a speeding vehicle is involved in a collision, the increased vehicle speed results in a greater crash energy, which results in greater chance of severe injuries and fatalities.
Risk Factors for Speeding Collisions in MurrietaMurrieta is a busy commuter town in Riverside County located near the busy 15 and 215 freeways and within easy driving distance of the Los Angeles, Orange County, and San Diego metro areas. Long drive times, regular commuting, heavy traffic, and Southern California’s general reliance on the car as the cornerstone of transportation in the area all mean motorists traveling Murrieta’s roadways are at risk of accidents and injuries resulting from drivers in too much of a hurry. In 2016, California’s Office of Traffic Safety reported 134 injuries and fatalities related to speed in the city. The elevated speed limits on many of the roads around Murrieta only raise the threat of injury and fatalities – studies by the International Institute of Highway Safety show that even a 5 mile an hour speed limit increase can raise the risk of death by 8 percent. With these risk factors, it’s no surprise that citizens of Murrieta are at high risk for injuries due to excessive speed.
How Do I Win My Case?Victims injured in a Murrieta speeding collision usually try and recover compensation by filing a civil lawsuit arguing the wrongdoer is liable for their damages because they were negligent. If you have evidence the other driver was speeding – police observation, skid marks, or eyewitness accounts, for example – you can establish negligence per se. If someone in California was in violation of a law, rule, or regulation when they caused an injury, they are presumed to have acted negligently. This includes posted speed limits at the scene of the crash.
If you cannot prove the defendant was speeding, you must show they demonstrated ordinary negligence. This requires proving:
- The defendant had a legal duty of care to you,
- They breached the duty through an action or a failure to act when they should have acted, and
- They actually caused injuries to you through their breach.
If you establish these elements, the defendant will be found negligent absent a valid defense.
What Kinds of Damages Can I Recover for My Injuries?Murrieta speeding collision victims may be entitled to an award of damages for their injuries after they establish someone acted negligently. Though a monetary award can’t ever make you whole for the harms you’ve suffered, compensatory damages are the legal attempt to make up for what you’ve been through. A judge or jury can award these damages for injuries that are quantifiable and concrete as well as those that are less definite and a consequence of the accident trauma and resulting injuries. Compensatory damages may include medical bills, property damage, lost wages, lost income earning capacity, funeral or burial expenses, loss of consortium, emotional distress, pain and suffering, and scarring, disfigurement, or permanent disability.
Sometimes, when the wrongdoer has exhibited vile or reprehensible behavior in causing injury, the victim may be entitled to an award of additional damages from the judge or jury. Because these damages are entirely discretionary and there is no statutory limit on the amount of any award given, the burden of proof is extremely difficult to satisfy. Because it can be tricky to establish to tie a defendant’s breach to the cause of a victim’s injury in addition to satisfying different burdens of proof for different damages, working with an experienced Murrieta Speeding Collision Lawyer can help you navigate the tricky legal waters.
Speak to an Attorney TodayIf you or a loved one were hurt during a car accident where speeding was involved, contact the skilled Murrieta Speeding Collision Attorneys at Walton Law, APC to protect your legal rights and see if you may be entitled to compensation for your injuries. Our attorneys have years of experience delivering personalized, professional representation to victims like you and secured millions of dollars in compensation on their behalf. Contact us today to schedule a confidential, no obligation initial case evaluation. We are available 24/7 at (866) 338-7079 or through our online Contact Page to set up your appointment. The initial consultation is free, and you do not pay until we win your case. Nothing can undo your accident, but let our team of lawyers fight to get you the recovery you deserve so you can get your life back on track starting today.