How to Prove an At-Fault Driver Was Speeding?


Many car accidents take place due to the over-speeding of a driver. When a driver is driving at a high speed, there is a smaller window of time to react to a vehicle, pedestrian, or another object up ahead. This is why speeding is a traffic offense and if a driver causes a serious accident due to speeding, you can bring a gross negligence claim with the help of an Augusta car accident lawyer.

Unlike other offenses such as drunk driving, it can be harder to prove that another driving was speeding when the crash occurred. This is particularly so when the crash occurs at a location where there are no traffic cameras nearby. And yet, the success of your claim for damages may depend on proving this particular traffic violation.

Here are some ways you can successfully demonstrate that the at-fault driver was speeding at the time the crash occurred.

Eyewitness Statements

In the absence of tangible evidence about an accident, eyewitness statements play a critical role. These statements are used to reconstruct the crash and determine how it occurred. Statements from credible witnesses who saw the crash first hand carry significant weight in the eyes of the judge and the jury. This is why insurance companies also consider witness statements as important evidence when handling car crash claims.

If you suffer a crash due to the speeding of another driver, it is important that you jot down the contact and identification details of any witnesses present on the scene. You can later contact them, or have your lawyer contact them. If a credible witness confirms that the at-fault driver was speeding, this may be evidence enough.

Event Data Recorder (EDR)

The Event Data Recorder is basically the black box of a vehicle. It records important details about a vehicle such as:

  • The rate of acceleration and deceleration just before an accident
  • The instances when a driver went above the posted speed limit before a crash
  • The movements of the steering wheel just ahead of the wreck
  • Whether or not the vehicle occupants were wearing seatbelts
  • Whether or not the brakes were applied just before impact
  • Whether or not the airbags were deployed following the collision

These and many other vital details are recorded by the EDR. Most modern vehicles come equipped with the EDR so that it is possible to extract this data from a vehicle involved in the crash. However, recovering black box data is not always easy. The owner of the vehicle may not want to share the data for a variety of reasons, especially when the owner is the at-fault driver.

In such a case, you will need the help of a lawyer to get your hands on the data. A lawyer can typically file a subpoena to force the other driver to share the black box data. Accident reconstruction experts then review this data to confirm if the other driver was speeding just before the crash actually occurred.

Vehicle Damage

High-speed collisions typically cause more extensive vehicle damage compared to crashes that occur at a low rate of speed. Using this general principle, it may be possible to argue that a driver was speeding if the other vehicle suffered extensive damage. For instance, if a rear-end crash caused by an at-fault driver completely wrecked the rear of your vehicle, you can present the damage as evidence to support your claim.

CCTV Footage

Video footage from CCTV cameras at or near a crash location is often used as an important piece of evidence. Also if you or the other driver had a dashcam, footage from this camera can also be invaluable in determining negligence and liability. As with the black box data, you won’t be able to easily recover such footage from a third-party such as a store. A lawyer can help you recover this footage and produce it as evidence of the over-speeding or reckless driving of the at-fault driver.

Hiring a Reliable Augusta Car Accident Lawyer

If you have filed a claim for damages in an Augusta crash, you will need the help of a reliable lawyer. Your lawyer can help with gathering the relevant evidence and showing the insurer that the other driver was at fault. The same evidence can also be used in a court of law if your case goes before a judge.

Here at Ted Greve & Associates, our lawyers have extensive experience in proving liability in car accident claims. We can help you recover the maximum amount of compensation for your crash-related losses. Reach out to us today to discuss your Augusta crash claim with our lawyers.