How Speeding and Distracted Driving Affect Legal Liability in Accidents

1. Duty of Care: First, it must be shown that the defendant had a duty of care to act in a reasonable manner towards those around them.
2. Breach of Duty of Care: Second, it must be shown that the defendant then breached their duty by acting carelessly.
3. Causation: Third, it must be shown that the breach of duty on behalf of the defendant directly led to the accident that occurred.
4. Damages: Finally, it must be shown that the plaintiff suffered injuries as a result.

Negligence is a sliding scale towards recklessness, though. The difference between the two is only the fact that recklessness is a knowing disregard for the safety of those around you. When speeding and distracted driving are combined, a driver is instantly violating their duty of care to others on the road. Regardless of whether you are speeding to an appointment, misjudging road conditions, adjusting your GPS route, or anything else, diverting your attention and losing track of your speed is never acceptable.

Legal Liability for Speeding-Related Accidents

In speeding accidents alone, the act of speeding increases your percentage of fault for the incident. At higher speeds, there are longer stopping distances required and a greater impact force when collisions happen. The likelihood of losing control or failing to react in time also increases by a wide margin. This is a well-known and documented consequence of speeding, though, which is why fault increases when you take part in the action.

The courts and insurance will use evidence such as police reports listing speed, traffic camera and surveillance footage, and black box data from your vehicle to determine if you were acting negligently with your speed. Depending on whether you live in a comparative or contributory negligence state, you may only be able to recover a portion of the total award amount. If you are found to be the person at fault for the accident and the speeding was severe enough, you may also face penalties such as traffic fines, points on your license, higher insurance premiums, and potential criminal charges for reckless behavior.

Legal Liability for Distracted Driving Accidents

On the other side of things, a distracted driving accident is not much better from a liability standpoint. Part of the duty of care that drivers have to each other is to maintain control over their vehicles on the road, and making the decision to take your attention away from the road is a direct violation of that duty of care. Any type of lack of awareness that leads you to make a mistake, such as missing a stop sign or red light, counts as distracted driving.

The courts and insurance have a myriad of ways to prove distracted driving, but it’s most commonly done by pulling phone records and text message logs, checking dashcam videos or surveillance footage, relying on eyewitness testimony from others involved, and accident reconstruction analysis that shows what an adequate reaction time would have been.

There are two main types of distracted driving incidents that you may face: civil liability and criminal liability. Civil liability is when a victim sues you for personal injury damages, but criminal liability is when there is a death or serious injury due to your gross negligence. If distracted driving is proven, not only will you be on the hook for damages but your insurance premiums will be raised, and any claims will be denied.

Criminal and Civil Consequences of Speeding and Distracted Driving

The threshold from civil to criminal cases when speeding or distracted driving are involved tends to be the scope of injuries and whether the behavior by the perpetrator was deemed negligent or reckless. The legal penalties for both types of accidents can be misdemeanor or felony charges in extreme speeding cases, as well as DUI-enhanced penalties if it played a role. There are also enhanced penalties when someone dies or is seriously injured as a result of the accident.

It’s also worth noting that in this type of case, a victim might choose to pursue punitive damages. As opposed to other types of damages, punitive damages are meant to punish you as the defendant and set a precedent to deter others in the future.

Take legal action to defend yourself after a crash

Regardless of whether you are the injured party or the one who caused the accident, finding legal representation is crucial to defending your case in court. Speeding and distracted driving are major issues in U.S. roadways, so always remember to remove distractions from your vehicle, watch posted speed limits, and avoid getting yourself into a rush to get somewhere. By taking these small and easy steps you can reduce the likelihood of being involved in a wreck that leaves you with lasting and serious injuries.