Is Speed a Factor in Most Accidents?

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Auto Accident

Maybe not “most” accidents, but speed is a factor in about a third of the fatal car wrecks in Georgia. The proportion of speeding-related collisions had been dropping slightly until the 2020 coronavirus lockdowns. When roads emptied, many drivers acquired some bad habits, including excessive speeding. Like many bad habits, this one is easy to form and hard to break. As outlined below, speed impacts the risk of a wreck and the force in a collision. 

Also, as outlined below, excessive speed is usually negligence, or a lack of care. If that is the case, a Marietta personal injury attorney can obtain the compensation the victim needs and deserves. Victims need this compensation to pay accident-related expenses, like medical bills and damaged property replacement. They deserve this compensation because their injuries were not their fault, and no one should bear the responsibility for someone else’s mistake.

How Speed Affects Car Crash Injuries

Excessive velocity multiplies the risk of a wreck because speed multiplies vehicle stopping distance. 

In only a fraction of a second, especially if the vehicle has advanced anti-lock brakes, an alert driver sees a hazard, like a stopped-short vehicle, moves their foot to the brake pedal, applies the brakes, and safely stops the vehicle.

At 30 mph, this process, which is called stopping distance, takes about six car lengths. At 60 mph, the stopping distance triples to 18 car lengths.

Several factors increase stopping distance. We mentioned one of them above. Things like fatigue, distraction, and drug/alcohol use all decrease driver alertness. Other factors include environmental conditions and vehicle weight.

Furthermore, according to Newton’s Second Law of Motion, speed multiplies the force in a collision between two objects. In practical terms, speed transforms a non-injury “fender bender” into a serious injury collision. On a related note, speed transforms objects in the passenger area, like cell phones, into high-speed missiles, which, in many cases, are aimed directly at a victim’s head.

Head injuries are the most common car wreck injuries, followed closely by broken bones, serious lacerations, and internal injuries like punctured lungs.

Liability Issues

Usually, but not always, excessive speed is negligence, or a lack of care. A Marietta personal injury attorney must establish negligence by a preponderance of the evidence, or more likely than not.

If Tim was traveling 5 mph over the limit on a straight road and in a straight line when he hit Lisa, Tim’s excessive speed probably did not substantially cause the wreck. If Tim was traveling 10 mph over the limit, especially if he was changing lanes or negotiating a curve, that’s different. 

Rain, ice, and other inclement weather may contribute to wrecks, but the weather almost never causes them. The duty of care requires drivers to slow down and be extra careful in such situations.

Comparative fault may be the most common insurance company defense in car crash claims. Basically, this legal doctrine shifts blame for an accident from the tortfeasor (negligent driver) to the victim. Let’s go back to Tim and Lisa. If Tim was speeding and Lisa was sleepy, the contributory negligence doctrine may apply. 

After they hear the evidence, jurors must divide fault on a percentage basis, such as 50-50 or 80-20. Georgia is a modified comparative fault state with a 50 percent threshold. If the victim is no more than 50 percent responsible for the wreck, the tortfeasor is responsible for a proportionate share of damages. 

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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