Car Accident Claim: Speeding

Auto accidents caused by speeding can be some of the most dangerous and devastating collisions. All states have laws against speeding, so when a driver breaks these rules, they can be held liable for their negligence. If you are the victim of a speeding-related auto accident, you may qualify to make an insurance claim for your property damage and injuries or even file a lawsuit depending on your specific situation.

Nevada speeding laws

• Basic speed law: Drivers must never drive at a speed that is greater than what is safe under specific conditions, regardless of posted limits. 
• Prima facie laws: These are laws that instantly assume that drivers have broken the law if they exceed posted speed limits. In Nevada, police can issue tickets or warnings for these offenses without having to prove negligence on behalf of the driver. 
• Absolute limits: Nevada’s most restrictive speed limit is 15 miles per hour. However, certain areas may require drivers to slow down even more, depending on traffic and road conditions, such as school zones, crosswalks with pedestrians present, and construction zones. 
• Posted speed limit zone laws: Signs denote maximum speeds allowed based on location and the particular stretch of roadway. Violation results in a potential citation and fine paid by the speeding driver.
• Commercial vehicles: There are extra rules and regulations specifically tailored toward vehicles such as buses, large cargo trucks, semi-trucks, and other commercial vehicles.
• Reckless driving: This law comes into play when a driver is exceeding speed limits by more than 20 miles per hour, or they are driving in an erratic manner that puts other drivers and pedestrians at risk. Violation of this law will result in harsh criminal penalties.

Why is speeding dangerous?

Speeding is dangerous because it reduces the amount of time and distance available for a driver to safely react to changes in their environment. At higher speeds, drivers are less able to brake or take evasive action if necessary, often resulting in serious accidents. 

Speeding also increases the likelihood of a collision due to the greater force behind an impact at a higher speed. Finally, speeding limits visibility for a shorter distance ahead and reduces reaction time should something unexpected occur on the roadway, such as another vehicle entering your lane or an animal suddenly darting into traffic.

Is speeding a leading cause of car accidents in Las Vegas?

According to the Nevada Department of Public Safety, speeding-related crashes accounted for 32.1% of all traffic fatalities in 2019, making it the second most frequent type of crash causing death and injury on Nevada roads after alcohol/drug-impaired driving collisions.

From 2015 to 2019, there were 453 speeding-related fatalities out of the 512 fatalities that occurred during this period. Furthermore, Clark County had the highest number of fatalities, at 329.

What are the common causes of speeding-related crashes?

• Driving above the speed limit/reckless driving: Exceeding posted speed limits is one of the top causes of speeding-related crashes. It is particularly dangerous in densely populated areas like city streets. 
• Driving too fast for conditions: Drivers must adjust their speed to accommodate for hazards on the road or changes in weather conditions. This includes construction zones or heavy rain that significantly reduces visibility and stopping distance. 
• Tailgating/aggressive driving: Tailgating and aggressive driving while speeding create very hazardous roads that can lead to crashes due to the maneuvers often associated with driving in this manner. 
• Distracted driving: Any activity that takes a driver’s focus away from driving can cause them to speed. Anything from texting, talking on the phone, and adjusting GPS directions to eating and drinking can easily lead to devastating accidents.
• Driving under the influence: Driving under the influence of over-the-counter or prescription medication, illegal drugs, or alcohol significantly reduces reaction time and proper decision-making. These substances further impair a driver’s ability to effectively judge speed, the proximity of vehicles, and turns required on roads, leading to deadly collisions at higher speeds. 
• Inexperienced drivers: Novice drivers easily make mistakes and tend to drive faster, increasing the chance of speed-related crashes. 

What are the top speeding-related accidents?

• Rear-end collisions: Drivers that speed often have less time to react to changes in the environment or other drivers, making these types of crashes very common. 
• Head-on crashes: When two vehicles traveling on opposite lanes crash into each other headfirst, it can result in devastating injuries for the drivers and passengers involved.
• Side swiping/T-bone collisions: These collisions occur when side panels or front sides of one vehicle are struck by another vehicle operating at excessive speeds. This type of crash is particularly dangerous because only limited areas receive protection from airbags.
• Rollover accidents: Due to a higher center of gravity, vehicles become more prone to rollovers at high speeds if their wheels lose traction.
• Single vehicle hitting an object: Cars and trucks traveling at high speeds often carry too much momentum to evade road hazards such as barriers, trees, parked vehicles, and more. This commonly results in serious property damage and sometimes the death of drivers and passengers.
• Collisions with pedestrians/non-motor vehicles (bicycles): Speeding can cause irreparable damage to bicyclists and pedestrians walking in parking lots, crosswalks, or on sidewalks due to the vulnerability of a human body versus a motor vehicle. 
• Collisions while passing/weaving in and out of traffic: Another common type of speeding-related crash happens while a car passes another because of insufficient distance and space between vehicles. 

What do you need to know when involved in a speeding-related car crash?

• Obtain medical attention: It is crucial to seek medical attention immediately, even if you don’t think your injury is severe or you do not require an ambulance. Even in cases where there are no visible signs of injury, trauma can have delayed effects that can require care from a qualified medical professional.
• Call the police: Even if the accident does not result in injury, it’s important to still call and report any property damage. If the police decide not to investigate, you will need to file a police report within ten days of the accident when there is $750 or more in property damage or when there are injuries. 
• Gather evidence at the scene: It’s always advisable to document as much information at the scene as possible, regardless of whether anyone was injured. This includes collecting contact information from the other driver and witnesses and taking photos of the damaged vehicles. 
• Contact your insurance provider: Once you have been medically assessed following the crash, call your insurance company so they can start processing potential claims promptly with all relevant details included. 
• Retain legal assistance when necessary: Speaking to a car accident lawyer and retaining legal assistance could be beneficial when there is extensive property damage and moderate to more extensive personal injuries or death. 

Can I be compensated for a speeding-related car crash?

Following a speeding-related car crash, you may be eligible for compensation: 

• Medical costs: If you or a passenger in your vehicle have been injured in the accident, compensatory funds may be provided for medical bills and other associated expenses, including future medical needs. 
• Property damage: Should your car require repair or replacement, this is often covered at the discretion of an insurance adjuster as part of a negotiated settlement act. 
• Loss of wages/income: Compensation will cover any lost wages due to missed work as you recover from your injuries. 
• Pain and suffering/emotional trauma damages: This type of claim relates to any physical or mental anguish suffered by injured parties.
• Funeral expenses: In case of a fatality, families can seek restitution for funeral expenses. Damages awarded may also include wrongful death monetary payments.
• Punitive damages: When the responsible party was grossly negligent, a jury or judge may also award punitive damages should the case proceed to trial.  

How much is my speeding accident claim worth?

The amount of your speeding accident claim will depend on a variety of factors, such as how much medical cost you incur, the extent of property damage, and other financial losses experienced. Other variables may factor into the total value of your speeding accident claim, like comparative negligence and whether punitive damages are possible. 

It is recommended that you speak with an experienced personal injury attorney to determine what amount of compensation could potentially be awarded for auto collisions caused by speeding drivers.

How long do I have to file a claim?

In Nevada, you generally have two years from the date of injury to initiate an insurance claim or civil lawsuit. However, if a death results from an auto accident, family members only have one year in order to seek proper compensation for medical bills and other losses incurred.

It is important to remember that filing deadlines are usually very strict in personal injury cases. Therefore, missing them can result in permanently waiving certain rights related to those claims.

Let Adam S. Kutner help you with your car accident claim

At Adam S. Kutner, Injury Attorneys, our legal team is experienced in handling car accident claims related to property damage and injuries caused by speeding drivers, no matter their severity. You can trust us with your case as we strive to provide quick and knowledgeable service backed by over 30 years of experience in the industry. 

We offer honest advice when filing a potential claim or lawsuit for an auto accident caused by a negligent driver. We focus on getting the results you deserve and compensation that will cover all losses stemming from the collision, both now and in the future.