How do you prove that someone was speeding in an auto accident? Speed is a common factor that often contributes to auto accidents. The faster someone was going, the more likely it is that there will be serious injuries as well as severe damage to the vehicles involved. But how can speed play a role in your potential claim for injuries?
Suppose you were driving down the road and came to an intersection to make a left-hand turn. There are traffic lights in both directions, you have a solid green light. As you’re approaching the intersection, you get in the left turn lane and view your surroundings and notice that the coast is clear. You noticed a car coming from the opposite direction, but they were far enough back from the intersection that you should have more than enough time to make it through. So, you decide to proceed forward and make your left-hand turn. As your turning, that same vehicle you saw farther back now appears to be approaching at a high rate of speed and you’re unable to avoid a collision. As a result, the oncoming car hits your car, t-boning it on the right-hand side. Your car is now a total loss, and you have injuries to your neck and back. What now?
Speed with an Injury Claim
About a week after the accident and after the claims were filed, you called the insurance of the vehicle that hit you requesting that they fix your vehicle. They tell you they are finding you 100% at-fault for the accident because their driver was going straight and had the right of way since you were taking a left turn. You tell them that their insured was speeding due to how quickly they got through the intersection, but the insurance company doesn’t care. Unless you have some sort of proof to show that their insured was speeding, they are placing you at-fault for the accident, and are refusing to pay for your car or offer a settlement for your injuries. You’re not sure what to do now, but you call a personal injury lawyer for help. Is there anything the lawyer can do to help your case?
Black Box Downloads
Just like airplanes, most cars also have black boxes. All vehicles made in 2014 to the present are required to have black boxes, and many vehicles before 2014 also have black boxes. The black boxes in cars record a variety of information depending on the year, make and model of the vehicle. How fast the vehicle was going, if the breaks were applied, and even seatbelt use are all possible data black boxes can record, with speed being the most common. If it’s determined that your vehicle has a black box, a download of the black boxes data can be done. In this situation, your lawyer would hire a third-party download company, who would go out to the vehicle and do the download. A report of all the information obtained in the download would be provided to your lawyer from the download company. If the report shows that the other party was speeding, this report can and should be sent to the insurance company to prove that their insured was negligent in this accident.
There are many times that we can just “tell” that someone is speeding by using our judgment. But without evidence and factual proof, there’s not much you can do when it comes to pursuing a case. The Mantia Law Firm has had success countless times with proving a client’s case using a black box download report. For more information about black box downloads and personal injury claims, call the Mantia Law Firm at 407-722-7727 for a free consultation.