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You Can Trust
Attorneys Albert Cohen and Charles Haviv

You Deserve
A Personal Injury Lawyer
You Can Trust

New York Car Accident Caused by Speeding: Queens Car Accident Lawyers Explain Liability

On Behalf of | Mar 24, 2020 | Car Accidents, Motor Vehicle Accidents |

Understanding Liability from our Queens Car Accident Lawyers When a New York Car Accident Caused by Speeding Hurts You

One of the most commonly broken vehicle and traffic laws is speeding. It is also one of the most dangerous and deadly. According to the National Highway Traffic Safety Administration (NHTSA), speeding results in over 9,300 deaths each year and accounts for approximately 26% of all traffic fatalities. Many occupants not killed are seriously injured in a New York car accident caused by speeding, including suffering injuries such as traumatic brain injuries, spinal cord injuries, amputations, and broken bones. Our Queens car accident lawyers know how devastating and catastrophic motor vehicle accidents caused by speeding could be for innocent victims. Unfortunately, liability is usually hotly contested as no driver admits to causing a crash by speeding which hurts someone.

But our experienced Queens car accident lawyers at COHEN & COHEN PERSONAL INJURY LAWYERS, P.C.  know how to demonstrate liability against a defendant-driver who causes your injuries due to speeding. We may use leading accident reconstruction experts or engineers to establish that the defendant was speeding. We may also use medical experts to help prove your damages and future medical costs and needs. If you or a loved one were seriously injured in a New York car accident caused by speeding, call us today for a FREE consultation to learn what we can do right now to help you.

Dangers of Speeding

Speeding is very dangerous and risky conduct to engage in while operating a motor vehicle. This is because speeding results in a few factors which can be dangerous for motorists and others on the roadway. This includes the following:

  • Decreases reaction time of the driver and other vehicles to avoid the speeding car
  • Increases stopping distance of the speeding vehicle
  • Increases the risk of losing control of a vehicle
  • Decreases the effectiveness of protective equipment such as airbags, side curtains, and crunch zones
  • Increases the momentum a vehicle has which can make impacts explosive, and
  • Many other factors which can result in deadly collisions.

It is further important to note that large commercial vehicles like semi tractor-trailers will have all of these factors multiplied because of their sheer size. For instance, a big rig or box truck has significantly more momentum than a smaller, passenger vehicle because of its higher weight. This means an 18 wheeler has explosive power in an impact that a passenger vehicle will not have.

Liability for Speeding in New York

A motorist that is speeding is violating both the common law and the statutory law prohibiting this conduct. Notably, New York Vehicle and Traffic Law section 1180 requires all motorists to follow the posted speed limits or, if not posted, to limit their speed to the zone the motorist is in. For example, school zones, construction zones, and residential areas all automatically have reduced speed limits whether or not there are signs.

A motorist may also be required to drive under the speed limit in certain instances. For example, New York Vehicle and Traffic Law section 1180 (a) prohibits a person from driving “a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.” This means in inclement weather such as snow or ice, fog, heavy rain, or other conditions that a motorist must slow down as reasonable or stop until it is safe to proceed. Therefore, even if the speed limit is 55 MPH and a motorist is going 30 MPH but loses control, that driver may still be found to have been speeding.

A motorist who is violating the speed limit is breaking the law. When breaking the statutory law causes injuries to another person, proof of violating the statute may automatically establish liability against the defendant driver. A motorist who is speeding may also be said to be acting unreasonably which may result in a common law finding of negligence. In both situations, victims who are injured due to a motorist speeding may be able to establish liability and seek damages for their injuries.

Injured in a New York Car Accident Caused by Speeding? We Can Help

Our Queens car accident lawyers understand that it is frustrating to be injured in a motor vehicle accident caused by another motorist breaking the law. This is especially true of motorists speeding, an action which is reckless and entirely preventable. If you or a loved one were seriously injured or if a loved one was wrongfully killed in a New York car accident caused by speeding, ask our legal team at COHEN & COHEN PERSONAL INJURY LAWYERS, P.C.  to help protect your rights to compensation by calling 800-247-8164 for a FREE case evaluation. You may also use our convenient and easy-to-use contact us box available here to securely communicate with our firm.