Speeding is one of the most common causes of all types of car accidents, ranging from fender benders to T-bone collisions and more. Individuals injured due to a speeding driver may be entitled to compensation depending on the circumstances of their case, and the strength of their legal representation.
What Counts as Speeding Negligence in New York?
To understand speeding negligence, one must understand the core principles behind negligence as a legal concept. In a nutshell, a person is guilty of negligence when they:
- Act in a manner contrary to common sense
- Breach an implied or stated duty to another person
This covers a broad range of incidents and accident types. For example, all drivers have an implicit duty to drive safely so they don’t harm others on the road. A person may act negligently when they drive faster than the speed limit, as they are recklessly and negligently endangering others (in addition to themselves).
In New York State law, speeding negligence occurs when a driver:
- Speeds unnecessarily (which is almost all the time)
- Speeding is defined as driving more than 5 miles above or below the listed speed limit
There are very few exceptions to these rules. For example, speeding to get to work on time while consciously breaching the speed limit is an example of speeding negligence. This is true regardless of whether there are other drivers on the road with the speeder.
A driver may also be speeding negligently if they drive at the speed limit in harsh weather conditions, like a snowstorm. In such cases, driving at the speed limit – when visibility is low and control over the vehicle is difficult – is typically unsafe. The commonsense approach would be to drive a little more slowly than normal to ensure control of the vehicle is retained.
When it comes to auto accidents, speeding may often be used as a sign of negligence and can play a key role in determining whether a driver is at fault for the accident and any damages that may have been incurred.
However, speeding may also be used when determining comparative negligence. For example, if two drivers are both speeding prior to and during a collision, they may share the blame for the accident as a percentage. One driver may be 80% responsible and another 20%. Damages or compensation could be awarded according to these percentages.
Speeding Accident Settlements for Victims
After an auto accident involving one or more speeding drivers, victims may file a lawsuit to acquire compensation to pay for their medical bills and other expenses. Depending on the circumstances of the case, speeding accident settlements can range from thousands of dollars to millions of dollars in damages to the accident victim(s).
For example, the City of Buffalo was required to settle with the Sugorovskiy family after a speeding driver veered off a road and impacted the victims, killing one and seriously injuring another two family members. The settlement amount eventually reached $2.25 million.
Michael P. Stuermer was awarded a $12 million settlement when he was injured due to a distracted New York state trooper. The New York state trooper was driving 73 miles per hour at the time of the accident, displaying an example of speeding negligence.
However, every case is unique and no one should take the above examples as guarantees that they will receive the same about of damages for their speeding accident lawsuits.
Compensation is typically awarded to cover:
- Past and future medical expenses
- Ongoing medical costs
- Lost income due to injuries directly caused by the accident in question
- Loss of companionship
- Damages for pain and suffering
How a Speeding Injury Lawyer Can Help
Personal injury lawyers may be able to assist victims of auto accidents in which speeding negligence played a major role in the injuries or damages they suffered. Personal injury lawyers may help by:
- Gathering the evidence required to present a strong case to court
- Coaching accident victims to present accurate testimonies to a judge or jury
- Explaining the lawsuit process and ensuring that victims file a lawsuit before the statute of limitations expires
- Explaining the intricacies of negligence
- Presenting a strong speeding negligence case to the court
- And more
However, accident victims must be sure to hire skilled, knowledgeable legal representation to maximize their chances of acquiring as much compensation as possible.
Penalties for Speeding in New York State
New York State law is very straightforward about speeding penalties. When a driver is caught speeding by a police officer, they may receive a ticket with a mandatory fine. Penalties are as follows for speeding:
- Up to 10 mph over the speed limit –a minimum fine of $45 and a maximum fine of $150 with possible prison time of up to 15 days
- More than 10 mph but less than 30 mph over the speed limit – a minimum fine of $90 and a maximum fine of $300 with possible prison time of up to 30 days
- More than 30 mph over the speed limit – a minimum fine of $180 and a maximum fine of $600 with possible prison time of up to 30 days
However, these penalties do not include the damages that a court may demand from an at-fault driver if they are found guilty of speeding negligence in a personal injury lawsuit.
NYS Speeding Accident Statistics
Each month, 91 New York residents die and over 1000 New York State residents are hospitalized due to automobile accidents. Further costs of speeding accidents are broken down below:
- In 2014, nearly 28,000 crashes were caused because one or more drivers were driving at an appropriate speed. Additionally, 227 of those crashes included at least one fatality
- Another 12,000 individuals were seriously injured and another 15,600 individuals were moderately injured due to speeding accidents
- In New York City and in October 2021 alone, 414 crashes were caused due to one or more drivers driving at unsafe speeds
Contact Speeding Injury Lawyers Today
Auto accidents caused by speeding may lead to long-term injuries and exorbitant medical costs. Victims should contact auto accident lawyers ASAP to determine their next actions and potentially recover damages to cover their expenses. Sobo & Sobo have years of experience handling auto accidents involving at-fault speeders and are well-equipped to assist with speeding injury cases. Contact them today for more information.