California roads can be frustrating to navigate, filled with congestion and construction. Drivers just want a quick and easy path to get from point A to point B. Regrettably, many drivers take their frustration and channel it into their foot, stepping on the gas and speeding to try and maneuver their way out of traffic. What most drivers don’t take into consideration is that speeding kills. In 2018, there were 9,378 speeding-related deaths on U.S. roads, according to the National Highway Traffic Safety Association. The California Highway Patrol estimates that speed is the primary crash factor in at least 32 percent of all fatal and injury collisions in the state.
Speeding is as dangerous as it is reckless. If a collision with a speeding driver has left you with serious injuries, it is time to explore your legal options. A skilled Northern California attorney with Tiemann Law Firm can review your case and lay out the options that are available to you for recovering the compensation you are entitled to.
Whether it is going to court or negotiating with an insurance adjuster, the personal injury team at Tiemann Law Firm wants to make sure you have the money you need to move on with your life, not live in the shadow of someone else’s mistake. Contact us today by calling (916) 999-9000 and setting up a free case evaluation with one of our experienced Northern California speeding accident attorneys.
Why Speeding Happens on Northern California Roads
Speeding is against the law, and yet on a daily basis, some drivers feel the need to push the limit. Speeding is considered an aggressive driving behavior. An aggressive driving behavior has been defined as a behavior or action that is both contentious and deliberate, which jeopardizes the safety of other drivers.
California roads are notorious for pushing drivers to their physical and mental limits when it comes to road construction, delays, and traffic congestion. In their frustration, drivers may turn to speeding as a “quick” fix for both their annoyance level with road conditions and as a way to try to save time. In fact, the National Highway Traffic Safety Association cites traffic congestion as one of the main contributing factors to aggressive driving like speeding. The most common factors that are cited as reasons for speeding include:
- Traffic: Most California drivers would do anything to get out of traffic more quickly. Sitting in jams or waiting on construction takes up a lot of time, time better spent elsewhere. However, speeding to avoid traffic or make it through traffic more quickly is supremely dangerous behavior.
- Running late: Running late is probably one of the oldest excuses for speeding in the book. However, many drivers don’t realize that if they are already running late, the time you attempt to gain by speeding doesn’t typically make up for the time that has already been lost. Arriving slightly late is always preferable to causing a serious accident.
- Distracted driving: Drivers paying attention to a phone, GPS, loud music, or other distraction may not realize that they are suddenly cruising at 5, 10, or even 20 miles over the posted speed limit.
- Rural environment: The isolation of a rural setting gives some drivers a false sense of security, making them believe it is “safer” to travel over the posted speed limit. Rural settings are not typically patrolled as heavily by law enforcement, and they tend to have fewer drivers traveling them in general. This can give some drivers a false sense that speeding has no repercussions and isn’t really hurting anyone.
- Risk takers: Unfortunately, there are some drivers that simply live for the thrill of going fast and breaking the law. These people enjoy the exhilaration that comes with speeding while completely disregarding the law and the serious consequences of their actions.
Injuries Associated with Speeding Accidents
In 2017, the state of California recorded 193,564 accidents with injuries and 3,582 fatal collisions, according to the California Highway Patrol. The evidence is clear. Speeding is dangerous and downright deadly. Some of the most common injuries associated with speeding accidents include:
- Traumatic brain injury
- Concussion
- Paralysis
- Head, neck, and spine injuries
- Amputations
- Facial and dental injuries
- Chest and rib injuries
- Organ damage
- Internal bleeding
- Broken bones
- Burns
- Wrongful death
Injuries this serious may require extensive hospitalization and medical treatment that lasts long after the initial hospital stay. Physical therapy, rehabilitation, and lifestyle changes may all be necessary to cope with the aftermath of injuries that result from a speeding accident.
The costs associated with these treatments can reach into the tens of thousands, even hundreds of thousands of dollars. Do most victims have that type of cash on hand? No. These types of injuries can send victims spiraling into debt and financial uncertainty.
The experienced speeding car accident attorneys with Tiemann Law Firm understand your fears and frustrations. We specialize in helping victims understand their legal rights and helping them recover the fair and full compensation they deserve after a serious speeding collision.
How Injuries Happen in Speeding Accidents
The list of serious injuries that can occur from a speeding accident is long. Yet, how does one common driving behavior result in such serious and sometimes fatal consequences? These are some of the most common ways that speeding leads to serious injuries:
- There is greater potential for a driver to lose control of the vehicle
- Speeding increases the distance needed to stop once a driver applies the brakes
- Speeding increases the degree and severity of injuries from the resulting crash because of the more forceful impact that results from the high speed
- Speeding reduces the effectiveness of safety equipment and safety features
Compensation for Being Involved in a Speeding Accident
The state of California is what is known as a “fault” state. This means that when it comes to car accidents, in California, drivers that are liable for causing an accident are responsible for the financial repercussions of that accident. Victims who are involved in speeding accidents, therefore have a number of avenues available to them when it comes to pursuing compensation. These options may include:
- Filing a claim with their own insurance company
- Filing an insurance claim with the at-fault driver’s insurance company
- Filing a personal injury lawsuit in a California court
Once a victim determines the best option for the circumstances of their individual situation, California has another regulation on the books that will help determine how much compensation that victim is entitled to receive. This regulation is the “pure comparative negligence” rule, and it ties personal responsibility for causing the accident to the amount of compensation a driver may recover after the accident.
It works by assigning liability to each driver involved in an accident. For example, one driver may be excessively speeding and deemed 90 percent responsible for causing an accident. However, the victim was also slightly speeding, meaning they were 10 percent responsible as well. The victim would then be able to recover the total amount of damages minus that 10 percent. If the total damages amounted to $100,000, they could collect $90,000.
In a pure comparative negligence system, that also means that the at-fault driver in this scenario is allowed to recover $10,000 in damages, the total amount minus 90 percent. However, they themselves, or their insurance company, are still responsible for paying the victim the $90,000 they are owed.
The total amount of compensation that a victim may be able to recover can be a combination of both economic and non-economic damages. Economic damages are calculated by totaling up the measurable losses a victim incurs as a result of a collision. That may include medical costs, property damage, and lost income.
Non-economic damages are calculated differently and are more subjective. They are the result of emotional distress or a significant lifestyle or quality of life adjustment. Non-economic damages may cover things like disfigurement, loss of consortium, and pain and suffering.
Hiring an attorney means that you get personalized advice on which option for recovering compensation is optimal for your situation. It also means you get aggressive representation in the negotiating room or the courtroom so that you can earn the maximum amount of compensation available.
Contact an Experienced Northern California Car Accident Attorney Today
Speeding is reckless. If a driver has thrown caution to the wind and the result is a serious collision, you deserve to be compensated for your injuries and time away from work. At Tiemann Law Firm, we consult with victims of speeding accidents and help them understand their legal rights and what comes next. From the initial consultation to the final settlement, we will walk you through every step of the legal process. Let us review your case and find solutions that can help you recover the maximum amount of compensation you are due.
Contact the compassionate and dedicated team at Tiemann Law Firm. Talk to a skilled Northern California car accident attorney about your situation and schedule a free case evaluation by calling (916) 999-9000 today.
