Yes, it is possible to prove that another driver was driving too fast given the conditions at the time of your accident. However, as the injured party seeking damages, you have the burden of proving that the other driver was driving too fast given the road or weather conditions.

What Conditions Impact Speed?

The Federal Motor Carrier Safety Administration (FMCSA) defines traveling too fast for conditions “as traveling at a speed that is greater than a reasonable standard for safe driving.” While the FMCSA defines traveling too fast for conditions for trucks and commercial vehicles, the concept also applies to other vehicles, including cars and motorcycles. 

A driver may need to travel at a slower speed than the posted speed limit if there:

  • Are wet roads (from rain or melted snow)
  • Are slippery roads (from snow or ice)
  • Is reduced visibility (from fog, rain, snow, or other weather conditions)
  • Are uneven roads or changing lanes (in construction zones)
  • Is heavy traffic

Other conditions may also require a driver to reduce speed to avoid causing an accident.

What to Do After an Accident with a Driver Who Was Driving Too Fast

It’s up to you to prove that the driver was negligent. You will need evidence to convince the insurance company or court that the driver breached their duty of care and caused the crash that resulted in your injuries.

You may begin gathering evidence at the accident scene by:

  • Calling 911 to report the accident to the police
  • Accepting medical help
  • Taking as many photos as possible of the accident scene. Make sure to include all of the vehicles involved in the crash, the area around the accident, and road or weather conditions
  • Exchanging contact information with all of the other drivers
  • Getting contact information from anyone who witnessed the crash
  • Not commenting on the potential cause of the crash, admitting fault, or saying I’m sorry
  • Making note of any traffic or security cameras that may have recorded the crash or conditions

After the crash:

  • Contact your insurance company as soon as possible to report the crash, but don’t engage in conversation about the accident
  • Continue getting medical treatment for your injuries
  • Do not post on social media or talk about the accident publicly
  • Contact an experienced personal injury lawyer as soon as possible

Your lawyer will help you gather and present the evidence so that you can prove the other driver’s negligence by a preponderance of the evidence. In other words, you must convince the insurance company or court that the other driver was more likely than not legally responsible for the accident.

Now Is the Time to Pursue a Fair Legal Recovery

You have a limited amount of time to pursue a car accident lawsuit in Wisconsin, Illinois, or Iowa. Accordingly, now is the time to take action to protect your potential recovery of past and future:

  • Medical costs for things such as ambulance transportation, hospitalizations, surgeries, doctors’ visits, medications, physical therapy, assistive medical devices, and other healthcare needs
  • Lost income for wages, bonuses, benefits, raises, and income from self-employment that you can’t earn because of your injuries
  • Out-of-pocket expenses, including property damage
  • Physical pain for your injuries
  • Emotional suffering for the pain and changes to your life that the accident caused

So far, our Midwest personal injury lawyers have helped more than 70,000 clients recover more than $1 billion for their injuries. Insurance companies know that we mean business. If they aren’t willing to settle your case fairly, we won’t hesitate to go to court to get you the fair recovery you deserve.

We invite you to contact us today for a free consultation. We would be happy to meet with you in any of our 11 personal injury offices located throughout Wisconsin, Illinois, and Iowa, in your home or hospital room, or by phone or video conference. Let’s discuss your potential claim, your possible recovery, and our Win, or It’s Free Guarantee so that you can decide whether you want to pursue legal action.

 

Jason F. Abraham
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Managing Partner, Hupy and Abraham