When operating a vehicle on a public roadway, a driver has a duty to act as a reasonably prudent driver. However, this standard is dependent on the type of roadway they are traveling on as well as the weather conditions. Speeding is defined as driving a vehicle at a rate that exceeds the speed limit. The speed limit is the maximum speed a vehicle is permitted to travel under ideal weather conditions.
It is not surprising that most speed-related accidents take place during inclement weather conditions. However, it is not always because the driver was traveling above the speed limit. A driver can be responsible for a high-speed car accident when they fail to take proper precautions and drive at a safe speed during poor conditions. In New York, a driver can receive a ticket, even if driving the speed limit, if an officer believes the driver was traveling at a speed “not reasonable and prudent” for existing conditions.
The most common reason individuals speed is because they become agitated when sitting in traffic. Many drivers are in a hurry to get to their destination and their frustration can cause some drivers to take part in risky behaviors. Such risky behaviors include switching in and out of lanes and speeding. In addition, speeding can occur because drivers are not paying attention, this is more likely to occur when the driver is fatigued or distracted. Furthermore, drivers may exceed the speed limit because they have no respect for the law or other drivers. These drivers often engage in risky behavior and do not consider how their actions may be dangerous or affect others on the road. Unfortunately, this risky behavior results in serious injuries and fatalities when an accident takes place.
Behind distracted driving, and driving while impaired, speeding is the third leading cause of driving fatalities. According to the National Highway Traffic Safety Administration, speed was involved in nearly one-third of all traffic fatalities. Aside from being against the law, speeding can have serious consequences on the roadways and when a vehicle is involved in an accident. A vehicle driving at an exorbitant speed has a greater chance of losing control and crashing into another vehicle. Further, a vehicle traveling at a high speed takes longer to come to a complete stop. As a result, drivers who are speeding are often able to avoid hazardous conditions even if they spot them ahead of time. Further, with each mile above the speed limit a vehicle travels, the force of impact grows greater. The greater the force of the collision, the greater the injuries and the chance that the accident will result in fatalities.
Recovering After a High-Speed Car Accident
The state of New York uses a no-fault insurance system to compensate all individuals involved in an accident, regardless of fault. The owner of a vehicle is expected to carry their own no-fault policy as well as a liability policy in the event that they cause an accident with excess damages.
No-fault collision insurance provides up to $50,000 for basic economic loss, including medical care for the driver of the insured vehicle. No-fault insurance will cover 80% of income lost while the victim recovers from their injuries, up to $2,000 per month unless more coverage is purchased.
When serious injuries are involved, the treatment costs and lost wages can easily exceed the no-fault benefits that are available. In these cases, the injury victim can pursue the excess damages from the fault party. To recover further damages after an accident, the injured party must file a claim with the at-fault party’s insurance company, stating that the insured was negligent. To be found liable for negligence, the plaintiff must establish four elements. The plaintiff must establish that the defendant had a legal duty to the plaintiff to use reasonable care. The defendant then breached that duty by failing to act as a reasonable person should. The defendant’s breach of duty caused injury or harm and the victim suffered injury or losses that may be compensated by recovering monetary damages.
After a high-speed accident, the plaintiff may establish that the defendant acted negligently if they were driving above the speed limit or operating at a speed that was unreasonable based on the travel conditions.
Hire an Attorney that Specializes in Catastrophic Injuries
At TonaLaw, we understand the pain and difficulties our clients go through after they have been injured. Whether your injury is the result of another’s negligence or a workplace injury, we can help you recover medical costs, lost income, and most importantly, peace of mind.
With over twenty years of experience, our office is familiar with the deceitful tactics insurance companies utilize so they can pay you less than you deserve. However, at TonaLaw, our clients know their attorney is working tirelessly to get them the settlement they deserve.
For these reasons, you need a New York personal injury attorney who will ensure you receive compensation for your injuries. For legal services ranging from personal injury and no-fault collections to business litigation, call TonaLaw toll-free today at 1(833) TONALAW or text 1 (631) 780-5355.