Speed can play a significant role in determining liability in a Georgia car accident case. If the evidence shows that a driver was speeding, they may be at fault. Even if other factors contributed to the collision, speeding increases the likelihood that a driver will face liability. However, there are cases where a speeding driver can still recover compensation.
What Is Considered Speeding?
Georgia traffic laws define speeding based on posted speed limits, driving conditions, and other factors like highway work zones.
GA Code § 40-6-180 requires drivers to adjust their speed to what is reasonable and safe for the conditions. This means drivers must slow down for intersections, curves, hills, or areas with pedestrians or hazards. Drivers must also account for weather or road conditions that could make driving at the posted speed limit unsafe.
GA Code § 40-6-181 sets the following statewide maximum speed limits, unless posted signs say otherwise:
- 30 miles per hour (mph) in urban or residential districts
- 35 mph on unpaved county roads
- 65 mph on divided state highways
- 70 mph on interstate highways
- 55 mph on all other roads
GA Code § 40-6-188 specifies that exceeding reduced speed limits in highway work zones counts as speeding and can result in steep fines or imprisonment. Additionally, GA Code § 40-6-189 classifies drivers as “super speeders” if they drive at 85 mph or more on any road or 75 mph or more on a two-lane road. Convicted super speeders must pay hefty fines or face possible license suspensions.
How Do You Prove the Other Driver Was Speeding?
When you work with a Georgia car accident lawyer, they can work to prove the other driver was speeding in several ways:
- Physical evidence – First, they can gather evidence from the accident scene. For instance, skid marks, vehicle damage, and debris could demonstrate that the other driver was going too fast.
- Video footage – Traffic cameras, dash cams, or surveillance footage may capture the other driver’s speed at the time of the crash.
- Eyewitness accounts – Witnesses who saw the accident can provide statements about how fast the other driver was going.
- Police report – The police report from the accident might include the responding officer’s observations about whether the other driver was speeding. If the police used radar or laser speed detection, that data could be critical to proving that the other driver was exceeding the posted speed limit.
- Black box data – Many modern cars have electronic data recorders (EDRs) that log information about the vehicle, including its speed. Your attorney may be able to get this data showing how fast the other driver was going at the time of the collision.
- Expert testimony – Your lawyer might even use expert testimony to reconstruct the accident and show how the other driver’s speed could have contributed to the crash.
How Is Liability Affected If the Not-At-Fault Driver Was Speeding?
In Georgia, car accident liability often depends on each driver’s role in causing the crash. Even if the other driver was primarily at fault, you might share some responsibility for the accident if you were speeding.
However, speeding doesn’t automatically mean you will lose your case. A lawyer can still argue that the other driver’s actions were the main cause of the crash. They can gather and present compelling evidence to try to minimize your level of responsibility and maximize your compensation award.
How Is Liability Affected If Both Drivers Involved in the Accident Were Speeding?
If both drivers were speeding at the time of an accident, it can significantly complicate the question of liability. Typically, the court will look at how much each driver’s actions contributed to the collision and assign an appropriate amount of fault accordingly.
For example, if one driver was going slightly over the speed limit and the other driver was speeding excessively, the court would likely assign more blame to the faster driver. The court may also consider other factors, such as the road conditions and whether either driver broke any other traffic laws.
Speeding by both drivers doesn’t automatically mean both are equally to blame. A lawyer can build a case showing that one driver’s speeding was more dangerous or contributed more directly to the crash.
Does Speeding Affect the Chances to Recover Compensation from the Accident?
Speeding can affect your chances of recovering compensation after a collision in Georgia. Georgia’s comparative negligence rules say that your role in causing the accident can impact your ability to demand money from the other party. If you were speeding at the time of the accident, the court might find you partially responsible for the crash.
In cases like this, comparative negligence would come into play. Each driver’s percentage of fault will impact how much they can recover in compensation.
If the court determines that your speeding contributed to the crash, it will reduce your compensation by your percentage of fault. For example, if the court finds you 30 percent at fault, it will decrease your compensation by 30 percent. However, if it finds you 50 percent or more responsible, you cannot recover any money from the other driver.
A Georgia car accident lawyer can argue your case to reduce your share of the fault and maximize your financial recovery. They can look for evidence that may prove the other driver’s actions were mostly responsible for causing the collision, such as by running a red light or texting while driving. Having an attorney on your side can be vital for protecting your right to seek compensation.
Contact a Georgia Car Accident Lawyer
If you’re concerned about how speeding might impact your car accident case, contact Sherrod & Bernard, P.C. for a free consultation. We can explain how the law applies to your situation and work to pursue the compensation you need.
Our personal injury attorneys have been helping accident victims in Georgia for over 30 years. In that time, we have recovered millions in compensation for our deserving clients, including $1.075 million for a truck accident caused by an 18-wheeler traveling too fast for conditions. Our clients say we are “good people – from the front desk to the back door.” Let us put our skills, knowledge, and resources to work for you. Call us today or fill out our online contact form to get started.