Yes, you can file a claim for a speeding-related crash in Miami if another driver’s excessive speed caused or contributed to your accident. Florida law considers speeding a form of negligence, making speeding drivers liable for damages.
Speeding significantly increases both the likelihood of accidents and the severity of resulting injuries due to the physics of high-speed impacts. Even if other factors contributed to your crash, a speeding driver can still be held liable.
Understanding your rights and the evidence needed to prove speeding violations helps protect your claim and secure fair compensation. A knowledgeable Miami car accident lawyer can help you build a strong case that demonstrates how excessive speed caused your accident and maximizes your compensation for all damages.
Understanding Speeding as Negligence Under Florida Law
Florida law treats speeding as a form of negligence per se, meaning that violating posted speed limits automatically establishes a breach of the duty of care that drivers owe to others on the road.
Exceeding posted speed limits represents the most obvious form of speeding, but Florida law also requires drivers to operate at reasonable speeds for conditions, even when driving below posted limits.
The legal standard focuses on whether the driver’s speed was reasonable and prudent under the specific circumstances, not just whether they exceeded posted limits.
Speed Too Fast for Conditions
Drivers can be liable for speeding even when driving below posted speed limits if their speed was unreasonable for weather conditions, traffic congestion, construction zones, or other hazardous circumstances.
Reckless Driving Through Speed
Excessive speeding that shows willful disregard for safety can constitute reckless driving, potentially leading to punitive damages in addition to compensatory damages.
Types of Compensation Available
Speeding-related crashes often result in severe injuries due to the increased force of high-speed impacts, potentially making victims eligible for substantial compensation. You may be eligible to receive:
Economic Damages:
- Medical expenses, including emergency treatment, surgery, and ongoing care
- Lost wages from missed work during recovery
- Property damage to vehicles and personal belongings
- Future medical costs for ongoing treatment and rehabilitation
- Lost earning capacity if injuries prevent returning to work
Non-Economic Damages:
- Pain and suffering from physical injuries and emotional trauma
- Loss of enjoyment of life due to permanent disabilities
- Emotional distress and mental anguish from the accident
- Loss of consortium for spouses affected by serious injuries
In cases involving extreme speeding or reckless behavior, Florida law may allow punitive damages designed to punish dangerous conduct and deter similar behavior.
Evidence Needed to Prove Speeding
Building successful speeding-related claims requires specific evidence that demonstrates the other driver was traveling at excessive speeds when the accident occurred.
Evidence Sources for Filing a Claim for a Speeding-related Crash in Miami Include:
- Police reports and citations
- Vehicle damage patterns
- Witness testimony about observing vehicles traveling at high speeds
- Traffic camera footage
- Event data recorders in some vehicles
- Cell phone records
- Accident reconstruction analysis
Statute of Limitations for Speeding Claims
Florida law imposes specific time limits for filing speeding-related accident claims that vary depending on the type of case and damages involved. You have two years from the date of the accident to file a personal injury lawsuit against speeding drivers. However, earlier action typically results in stronger cases with better preserved evidence.
Missing these deadlines can result in permanent loss of your right to seek compensation, making prompt legal action essential for protecting your interests.
Working with Accident Reconstruction Experts
Professional accident reconstruction experts play crucial roles in speeding cases by providing scientific analysis of evidence to prove speed violations and their causal relationship to accidents.
Expert Analysis Services:
- Calculating vehicle speeds from skid marks and debris patterns
- Analyzing event data recorder information from involved vehicles
- Evaluating sight distances and reaction times for different speeds
- Determining whether lower speeds could have prevented accidents
- Providing testimony about industry standards for safe speeds
Expert testimony becomes particularly important when insurance companies dispute speed-related claims or when multiple factors may have contributed to accident causation.
Comparative Negligence in Speeding Cases
Florida’s comparative negligence system allows recovery even when you may have contributed to an accident, but understanding how this applies to speeding cases helps set realistic expectations.
Even if you were partially at fault for an accident, you can still recover damages if the other driver’s speeding was a substantial factor in causing the collision. Your compensation will be reduced by your percentage of fault, so proving that the other driver’s speeding was the primary cause maximizes your potential recovery.
However, if you are more than 50% responsible for the accident, then you will be barred from collecting compensation. This rule is a fairly recent change to Florida law, so you should be aware of it. If the insurers try to put all the blame on you, you must fight back.
Get Help Filing a Claim for a Speeding-Related Crash in Miami
At Anidjar & Levine, we have extensive experience handling speeding-related accident claims throughout Miami and understand the unique challenges these cases present. Our legal team knows how to gather crucial evidence quickly, work with expert witnesses, and build compelling cases that hold speeding drivers accountable for their dangerous behavior.
Contact us today for a free consultation. We’ll discuss whether you can file a claim for your Miami speeding-related crash and how we can help you get maximum compensation for what happened.
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