How to Prove Speeding in Vehicle Accident Cases

When the unthinkable happens and you’re involved in a car accident, one of the most crucial factors in determining liability is whether the other driver was speeding. In New York State, proving that another driver was speeding at the time of a crash can significantly strengthen your personal injury case and help you secure the compensation you deserve. 

The sobering reality: According to the National Highway Traffic Safety Administration, speeding contributes to approximately one-third of all fatal traffic accidents nationwide. In New York alone, thousands of accidents each year involve drivers who exceed posted speed limits or drive too fast for road conditions. 

Understanding New York’s Speeding Laws 

New York takes speeding violations seriously, and understanding these laws is essential for building a strong accident case. 

The Three Types of Speeding Violations in New York 

Under Section 1180 of the New York Vehicle and Traffic Law, there are three primary speeding violations: 

• Exceeding Posted Speed Limits (Section 1180(d)) – Driving faster than the clearly marked maximum speed limit.  

• Exceeding General Speed Limits (Section 1180(b)) – Traveling faster than 55 mph when no specific limit is posted.  

• Driving at Unreasonable Speed (Section 1180(a)) – Operating a vehicle at any speed that’s unreasonable given current conditions. 

Beyond the Speed Limit Sign 

Many people don’t realize that you can be cited for speeding even when driving under the posted limit. New York law requires drivers to adjust their speed based on: 

• Weather conditions (rain, snow, fog, ice) 

• Traffic density 

• Road construction zones 

• Visibility issues 

• Pedestrian activity 

For example: Driving 45 mph in a 55-mph zone during a heavy snowstorm could still constitute speeding if conditions make that speed unsafe. 

The Legal Power of “Negligence Per Se” 

Here’s where New York law works in favor of accident victims: When a driver violates traffic laws, including speeding, it’s considered “negligence per se.” 

What does this mean for your case? 

• The speeding violation automatically establishes that the driver breached their duty of care. 

• You don’t have to prove the driver was careless; the violation proves it. 

• This significantly strengthens your position in settlement negotiations or court. 

However, you still must prove that the speeding violation directly caused or contributed to your accident and injuries. 

Gathering Evidence: Your Roadmap to Proving Speeding 

Building a strong case requires collecting various types of evidence. Here’s what experienced attorneys look for: 

Vehicle “Black Box” Data (Event Data Recorders)

The game-changer: All passenger vehicles manufactured after 2014 contain Event Data Recorders (EDRs) that capture critical information in the seconds before impact: 

• Exact vehicle speed, 

• Brake application timing, 

• Engine RPM, 

• Seatbelt usage, 

• Steering input. 

This electronic evidence is often the most compelling proof of speeding because it’s objective and difficult to dispute. 

Eyewitness Testimony

While witnesses may not be able to pinpoint exact speeds, they can provide valuable observations: 

• “The car was going much faster than other traffic.” 

• “I saw the driver weaving through cars at high speed.” 

• “The vehicle seemed out of control before the crash.” 

• “I noticed the car speeding just before the collision.”

Physical Evidence at the Scene

• Skid marks tell a story: The length and pattern of skid marks can help accident reconstruction experts calculate speed. Longer skid marks typically indicate higher speeds, while the absence of skid marks might suggest the driver had no time to brake. 

• Vehicle damage analysis: High-speed collisions create distinctive damage patterns. The severity and type of damage can help experts determine impact speeds. 

• Debris patterns: The distance debris travels from the crash site correlates with the force of impact, which relates directly to speed.

Police Reports

Officers at accident scenes document the following: 

• Physical evidence observations and methods, 

• Witness statements mentioning speed, 

• Citations issued for speeding violations, 

• Accident scene diagrams, 

• Weather and road conditions. 

Pro tip: Always request a copy of the police report, even if you think the officer didn’t witness the speeding. Reports often contain crucial details that support your case. 

Camera Evidence

In our digital age, cameras are everywhere: 

• Traffic cameras at intersections may capture the moments before impact  

• Security cameras from nearby businesses often have wider coverage areas  

• Dashboard cameras from your vehicle and others’ vehicles can provide compelling footage  

• Red light cameras sometimes capture speed data along with violations 

The Role of Accident Reconstruction Experts 

When cases involve serious injuries or disputed facts, accident reconstruction experts become invaluable allies. These professionals use: 

• Physics calculations to determine speeds, 

• Computer simulations to recreate crashes, 

• Engineering analysis of vehicle damage, 

• Detailed measurements of the accident scene. 

Their expert testimony can transform complex technical evidence into clear, understandable proof that a jury can easily grasp. 

Understanding Comparative Negligence in New York 

Here’s where things get interesting: New York follows a “pure comparative negligence” system, which significantly impacts speeding cases. 

What This Means for You 

Even if you contributed to the accident, you can still recover damages. Your compensation will simply be reduced by your percentage of fault. 

Real-world example: 

• Total damages: $100,000 

• Other driver’s fault (speeding): 80% 

• Your fault (not wearing seatbelt): 20% 

• Your recovery: $80,000 

Common Comparative Negligence Scenarios in Speeding Cases 

Scenario 1: The other driver was speeding, but you failed to yield the right of way.  

Scenario 2: The other driver was racing, but you were texting while driving.  

Scenario 3: The other driver was driving too fast for conditions, but you had an expired inspection. 

The bottom line: Don’t assume you can’t recover compensation just because you made a mistake. New York’s comparative negligence law protects your right to fair compensation. 

Types of Speeding-Related Accidents 

Understanding how speeding contributes to different types of crashes helps build stronger cases: 

High-Speed Highway Collisions

• Often result in multi-vehicle accidents. 

• Frequently cause catastrophic injuries. 

• May involve excessive speed citations. 

Weather-Related Speed Crashes

• Occur when drivers fail to reduce speed for conditions. 

• Common during winter storms, fog, or heavy rain. 

• Often involve “speed too fast for conditions” violations. 

Aggressive Driving Incidents

• Include racing, road rage, bullying behavior, and reckless driving. 

• May qualify for punitive damages. 

• Often result in criminal charges. 

School Zone and Work Zone Violations

• Carry enhanced penalties under New York law. 

• Show clear disregard for safety. 

• Strengthen negligence claims. 

The Insurance Company Challenge 

Warning: Insurance companies have teams of investigators and lawyers working to minimize payouts. They may: 

• Claim their insured wasn’t speeding. 

• Argue that speed didn’t cause the accident. 

• Try to shift the blame to you. 

• Offer quick, low settlements before evidence is gathered. 

This is why professional legal representation matters. Experienced attorneys know how to gather evidence quickly, preserve critical information, and build compelling cases that insurance companies take seriously. 

Taking Action: Your Next Steps 

If you’ve been injured in an accident involving a speeding driver, time is critical. Evidence can disappear, witnesses’ memories fade, and insurance companies move quickly to protect their interests. 

Immediate Actions to Take: 

Seek medical attention – Your health comes first! Even if your injuries don’t seem severe at the time, in a day or two, you can be in considerable pain as the adrenaline wears off.  

Document everything – Photos, witness contact information, and road conditions.  

Obtain the police report – Request a copy as soon as it’s available.  

Preserve evidence – Don’t repair your vehicle until it’s been documented.  

Avoid giving statements – Let your attorney handle all insurance company communications. 

Evidence That May Disappear: 

• Traffic camera footage is often deleted after 30-60 days.  

• Witness memories become less reliable over time. 

• Vehicle black box data/dashcam date can be overwritten or lost.  

• Scene conditions can change due to road work, weather, or other factors.  

Why Choose Professional Legal Representation? 

Proving speeding in vehicle accident cases requires: 

• Technical expertise in accident reconstruction. 

• Legal knowledge of New York traffic laws. 

• Investigation resources to gather evidence quickly. 

• Negotiation skills to maximize settlements. 

• Trial experience when cases go to court. 

The stakes are too high to go it alone! Insurance companies count on unrepresented accident victims accepting less than they deserve. 

Your Path to Justice and Fair Compensation 

At Harding Mazzotti, we understand that every speeding accident case is unique. Whether you’re dealing with: 

• Catastrophic injuries requiring long-term care. 

• Lost wages from time off work. 

• Property damage to your vehicle. 

• Pain and suffering from your injuries. 

• Medical bills that continue mounting. 

We have the experience, resources, and commitment to fight for the compensation you deserve. 

Our Proven Approach: 

• Thorough Investigation: We leave no stone unturned in gathering evidence.  

• Expert Partnerships: We work with top accident reconstructionists and medical professionals. 

• Aggressive Advocacy: We fight insurance companies who try to minimize your claim.  

• Data-Driven Cases: We use technology and evidence to build compelling arguments.  

• Results-Focused Strategy: Every decision we make aims to maximize your recovery. 

Take Action Today – Your Future Depends on It 

Don’t let a speeding driver’s negligence derail your life without consequences. Every day you wait gives insurance companies more time to build their defense and potentially reduces the value of your claim. 

Contact Harding Mazzotti today for your free case consultation. We’ll review your situation, explain your rights, and outline a clear path forward. 

Our No Fee Policy – Your Peace of Mind 

We believe that everyone deserves access to experienced legal representation, regardless of their financial situation. That’s why we operate on a No Fee Policy – you pay nothing unless we successfully recover compensation for you. 

What this means: 

• No upfront costs or attorney fees. 

• No hidden charges or surprise bills. 

• No financial risk to you. 

• We only get paid when you get paid. 

Ready to fight for the compensation you deserve? 

Call us today for your free consultation, visit our website to learn more about your rights, or click to chat to someone online to get started immediately. 

Your journey to justice starts with a single phone call. Don’t wait – contact Harding Mazzotti now and let us put our decades of experience to work for you.