Federal statistics from the National Highway Traffic Safety Administration (NHTSA) show just how dangerous – and deadly – speeding is. NHTSA’s information showed that speeding killed more than 9,300 people in 2018 and was a factor in more than one-quarter of all traffic deaths in 2017. If you’ve been hurt by a driver who was speeding, whether you were in another vehicle or you were that driver’s passenger, you may be entitled to significant compensation. You should promptly act to retain a skilled San Mateo car accident attorney, as you only have a limited time to file a lawsuit and pursue the recovery you need.
Two recent accidents in Northern California highlight just how deadly speeding can be. Earlier in May, a terrible accident in San Jose left four young people in their 20s dead, according to CBS SF Bay Area. The report indicated that the driver of a 2005 Dodge SUV was traveling southbound on Highway 85 when he lost control, causing the SUV to overturn several times. The crash threw two people from the vehicle. Three died at the scene and a fourth died at a nearby hospital. All were either age 25 or 26.
Another driver on Highway 85, whom the Dodge passed shortly before the crash, told CBS that the driver was driving erratically and the CHP told CBS that “we believe this vehicle was at excessive speeds and was weaving,” The police also believed that the driver of the SUV was under the influence, which is why he is facing multiple criminal charges for murder.
Back in April, a man and two children died in a canal near Oroville, according to actionnewsnow.com. A man operating a 2004 GMC pickup truck “at a high rate of speed” was, according to police, unable to stop when the road ended. He plowed past the road’s end, through a fence and then went airborne, ending up in a nearby canal. The driver and a front seat passenger escaped but a man and two children under the age of 2 (all of whom were in the rear seat) died from their injuries, according to the report.
While both of those drivers were believed by police to be driving drunk or high, the harsh reality is that speeding is a substantial problem on California’s roads and freeways, and the extent of that problem goes beyond just drivers who are drunk or high. Those numbers have been skyrocketing recently. With the coronavirus pandemic having eliminated many cars and trucks from the road, extreme speeding has nearly doubled. Information from the CHP showed that the frequency of drivers being “clocked” at 100 mph or more during the month of March 19 – April 19, 2020 was up 87% as compared to the same period in 2019, according to an ABC 7 report.
‘Negligence per se’ and winning your speeding accident lawsuit
Generally, winning a personal injury case against a speeding driver requires proving that the speeding driver was negligent. That means giving the court proof that the driver breached his obligation to operate his vehicle safely, that the driver’s failure caused the accident and that the accident harmed you. In some cases where the driver who injured you was speeding, there may be a way to make your pathway to success more efficient. If you have proof that the at-fault driver was cited by the police – such as a citation for speeding or for reckless driving – then that citation may allow you to proceed with an argument that the driver was “negligent per se.”
Negligence per se is a legal concept that may allow you to present evidence of the citation and, along with proof that the violation was a “substantial factor” in causing the harm, be automatically entitled to a finding that the driver was negligent, unless there was a legal basis for excusing the driver’s excessive speed.
Your injuries suffered in an accident with a speeding driver likely have left you with many questions. To get the clear answers and useful advice you deserve, count on the skilled San Mateo car accident attorneys at the Law Offices of Galine, Frye, Fitting & Frangos. Our team has multiple decades of experience helping injured people get results. To set up a free consultation with one of our skilled attorneys and find out how we can help, contact us at 650-345-8484 or through our website.