Speeding is not only illegal, it puts everyone else at risk of injury and death. A speeding accident victim may suffer serious and potentially irreversible injuries, along with other damages such as missed time from work and pain and suffering. In many cases, these wrecks are fatal and leave victims’ families struggling to cope with the emotional and financial loss.
While the criminal court system can punish offenders, victims have the right to seek compensation by filing a civil lawsuit. But winning the justice you deserve requires having a dedicated law firm that is ready to stand up to the insurance companies and lawyers representing the at-fault party. Count on the experienced advocacy of Carden Dotzler Hammond, PLLC.
How Speeding Endangers Everyone
Speed limits exist to prevent accidents and keep motorists, pedestrians, motorcyclists, and others safe. When drivers exceed the speed limit, they are more prone to lose control of the vehicle and less capable of decelerating and stopping in time to prevent a collision.
However, even if a driver is traveling according to the speed limit, they may be driving too fast to adapt to rapidly changing road conditions such as traffic congestion and bad weather. New York traffic laws require that motorists adjust their speed to account for:
- Icy, snowy, wet, and slick roads
- Limited visibility due to fog and poor lighting
- Traffic congestion
- Traffic accidents and emergency personnel (e.g. ambulances)
- Pedestrians, motorcyclists, and bicyclists
Speeding is even more dangerous when it is combined with other irresponsible driver behaviors such as distracted driving, driving under the influence of drugs or alcohol, and aggressive or reckless driving. The driver could face steep criminal charges that bring consequences such as fines, points on the driver’s record, and higher insurance premiums. However, the victim will need to separately file a civil lawsuit to recover compensation for their injuries.
Common Speeding Accident Injuries in Syracuse, NY
Physical injuries resulting from an accident are among the most noticeable and common, and they may include:
- Broken bones
- Burns
- Lacerations
- Internal organ damage
- Internal bleeding
- Traumatic brain injury
- Back, neck, and spinal cord injuries
- Disfigurement
- Paralysis
- Whiplash
However, a victim should never underestimate the emotional and psychological toll they could also endure as a result of the wreck. The collective trauma of the accident could manifest itself in the form of anxiety, depression, post-traumatic stress disorder, and other problems. These, in turn, could lead to lost productivity at work, disability, social withdrawal, damage to relationships, loss of enjoyment of life, and other issues.
It is imperative for your health and legal rights that you seek immediate medical treatment, including for emotional and psychological issues, after you have been in an accident. Waiting too long may allow the at-fault party to claim something or someone else caused your injuries or to blame you for aggravating them. See your doctor, follow their recommendations, and be sure to attend all of your medical appointments.
What You Need to Know About Negligence and Negligence Per Se
A standard Syracuse speeding accident case requires the victim to prove that the defendant was negligent. This means establishing the following four elements:
- Duty of care: Drivers owe everyone else who uses the road a duty to observe traffic laws and operate their vehicles safely.
- Breach: A breach occurs when, by some negligent act or omission, the defendant violates the duty of care.
- Causation: Next, the victim must show that the breach caused them to suffer injuries.
- Damages: Finally, the victim needs to prove the nature and amount of their damages (e.g. medical bills) incurred as a result of their injuries.
Negligence per se is a separate legal doctrine that applies when someone’s violation of the law causes injury to another person. Speed limits and other traffic controls are enacted to protect drivers and others from the dangers of speeding motorists. When a driver breaks the law (and therefore violates the New York traffic code), a victim can potentially invoke negligence per se by demonstrating that:
- The defendant’s actions violate the law
- The victim belongs to the class of people who are protected under the law (e.g. a pedestrian)
- The defendant’s violation of the law directly caused the victim’s injuries and damages
Available Damages in Your Syracuse Speeding Accident
Although the damages will vary from one speeding accident to another, they generally include the following:
- Medical bills, including for the victim’s reasonably projected future medical and healthcare needs
- Lost wages due the victim’s need to recover from their injuries
- Lost earning capacity in the event the victim cannot work at the same productivity level as before the accident
- Non-economic damages such as emotional trauma and pain and suffering
- Property damage, including the victim’s vehicle and/or personal property
If the victim dies from their injuries, eligible survivors can file a wrongful death lawsuit against the negligent party. These are similar in many ways to personal injury claims but involve other damages like funeral and burial expenses and loss of consortium. Our wrongful death attorneys can help you and your family seek the compensation you deserve to cope with your grief and financial struggles following the loss of a loved one to a speeding accident.
Contact Our Syracuse Speeding Accident Attorney
Were you or a loved one hurt in a speeding accident? We understand the challenges you face as bills pile up, work is missed, and anxiety sets in. Let us help you stand up for your rights by representing you in a personal injury claim. CDH Law is ready to represent you from start to finish, advocating your interests and demanding the compensation you need to recover from your injuries. Contact CDH Law today to get started.
Carden Dotzler Hammond, PLLC represents clients in Syracuse, Central New York, and in the following towns of Onondaga County: Camillus, Cicero, Clay, Dewitt, Elbridge, Geddes, Manlius, Marcellus, Onondaga, Salina, Skaneateles, Baldwinsville, East Syracuse, Fayetteville, Jefferson County, Liverpool, North Syracuse, and Solvay.