Can I Recover Compensation Through a Car Crash Injury Claim if I Was Speeding? 

 Posted on January 16, 2023 in Truck Accidents

Speed limits exist to keep motorists, bicyclists, and pedestrians safe. However, traveling faster than the posted speed limit is common. One study found that approximately half of all drivers admit to speeding from time to time.

If you were hurt in a car crash caused by another driver and you were speeding, you may have questions about your right to recover compensation for vehicle repairs, medical bills, and other expenses. You may wonder whether you have the same entitlement to compensation as someone who was obeying the speed limit.

As with many legal matters, the answer to this question depends on several factors. In this blog, we will explore Texas laws regarding comparative negligence in a car accident case as well as what you can do if you were injured in a crash while speeding.

Texas Law Allows Injured Parties to Collect Compensation Even If They Were Partly At Fault

A shared-fault car crash is a crash in which more than one party was responsible for the crash. States vary with regard to shared fault accidents. In Texas, a legal approach called "modified comparative negligence" dictates when an injured party can recover compensation for a shared fault accident. 

Under Texas law, you may be able to recover compensation if you were less than 51 percent at fault in causing the crash. If your degree of fault is greater than 50 percent, however, you will not be able to collect any damages from another driver.

The percentage of fault that each driver is assigned in a car crash injury case depends on the specific circumstances of the case. For example, an individual recklessly driving in the wrong direction on a highway would almost certainly be assigned a greater share of fault than a driver who was merely traveling five miles per hour above the speed limit. However, cases like these are complicated, with many factors to consider.

In a speed-related accident, the court will take into account how far over the speed limit you were traveling and whether that amount of speeding was enough to constitute negligence. If it is determined that your rate of speed did contribute to the accident, you may be assigned a certain percentage of fault.

Damages Are Reduced in Accordance With Negligence

If your degree of fault is established to be less than 51 percent, you may still be able to recover compensation for your damages. However, the award amount may be reduced in accordance with your share of negligence. For example, if it is determined that you were 25 percent at fault and the other driver was 75 percent at fault, you may be able to recover 75 percent of your damages.

Although some car accident injury cases go to court, most are resolved through a settlement. Therefore, it is very important to hire an experienced car accident lawyer who can negotiate with the opposing party's insurance company and fight for maximum compensation in your case.

Contact Our Dallas Car Crash Injury Attorney

If you were injured or a loved one was killed in an accident, contact skilled Dallas County personal injury lawyer Jerry D. Andrews for legal help. Call Jerry D. Andrews, P.C. at 214-221-5800 for a free initial consultation.

Sources:

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm

https://newsroom.aaa.com/2016/02/87-percent-of-drivers-engage-in-unsafe-behaviors-while-behind-the-wheel/