If you suffered injuries in a car accident caused by a speeding driver, you might be entitled to substantial compensation. Because speeding translates to greater force upon impact, speeding accidents often result in extensive damages and severe injuries. According to the National Highway Traffic Safety Administration, speeding was a factor in 26% of all traffic fatalities in 2017.
Abel Law Firm has experience helping clients like you hold people responsible for their careless actions. When you hire us, we’ll seek the justice you deserve and fight for the maximum financial award available. We’ll work diligently to resolve your case so you can move forward with your life.
Call Abel Law Firm at (405) 239-7046 to schedule your free consultation with one of our Oklahoma City speeding accident attorneys.
The Dangers of Speeding
Any driver who travels at excessive speeds will have a difficult time controlling their vehicle. If they collide with another car, their force of impact will be greater. Even if you’re wearing a seatbelt, you could suffer devastating physical trauma.
Speeding is dangerous because:
- Coming to a complete stop requires more distance
- Risk of road rage increases
- A greater chance that the driver loses control of their vehicle
- Safety features, such as seatbelts, become less effective
- Higher chance of severe injuries if there’s a crash
- Shorter period for the driver to react to adverse conditions
Speeding comes with similar risks as texting or driving under the influence. It leads to slowed reaction time, poor decision-making, and injuries to occupants of other vehicles. When a speeding driver collides with your car, you could suffer injuries from the initial impact and subsequent impacts. Your car could bounce off one car and into another or a stationary object, such as a telephone pole.
Common injuries victims of speeding accidents sustain include:
- Crush injuries
- Traumatic brain injury
- Internal bleeding or organ damage
- Spinal cord injury
- Broken bones
- Loss of limb or amputation injury
Oklahoma Laws That Affect Car Accidents
In Oklahoma, there’s a traditional fault system for determining who’s responsible for a car crash. The speeding, at-fault driver is automatically liable for the victim’s injuries, property damage, and other expenses. Typically, their auto insurance company will provide a settlement that covers damages.
Limits of liability: It’s a legal requirement that all motorists carry auto insurance with minimum liability limits. These limits can cover the accident victim’s costs associated with their injuries and vehicle repairs. A liability insurance claim can also compensate them for the emotional suffering and physical pain they endured.
Modified comparative fault: Under the modified comparative fault rule, an injured party is eligible for a monetary award proportionate to their percentage of fault. For instance, if your expenses equal $100,000, but you share 20% blame for the crash, you could only pursue up to $80,000 in compensation from the at-fault driver. The exception to this is if they’re more than 50% at fault. In that situation, pursuing compensation would be prohibited.
Seeking Damages from a Liability Insurance Company
Auto insurance policies contain two main limits of liability: bodily injury and property damage. The settlement you can pursue depends on the limits chosen by the at-fault driver. The minimum limits Oklahoma law requires are $25,000 each for bodily injury, up to $50,000 per accident, plus $25,000 for property damage.
Damages are the expenses and losses associated with an accident. There are various damages available when you file an auto insurance claim with the other party’s liability insurance.
If you sustained injuries in the speeding car crash, you could file a bodily injury claim for the following damages:
- Medical bills
- Lost wages and earning capacity
- Out of pocket expenses
- Pain and suffering
Pain and Suffering
Pain and suffering is a term that refers to physical and emotional pain endured. Examples include:
- Physical pain and suffering
- Mental anguish
- Psychological trauma
- Loss of quality of life
If the speeding accident caused damage to your vehicle, you could file a claim for the following damages:
- Repair or replacement costs
- Rental car expenses
- Damage to personal property
Steps to Follow After a Speeding Driver Car Accident
It’s important to follow the steps listed below to protect your rights following a speeding car accident:
- Call 911. Report the crash to law enforcement. Wait for an officer to arrive at the scene and perform an investigation. They will write a collision report, and you can request a copy of it when it becomes available.
- Take pictures. If you can safely get up and walk, take photos of the crash scene. Vehicle damage, skid marks, road hazards, and other evidence can help prove the other driver was at fault.
- Talk to witnesses. If anyone saw the accident happen, talk to them about the details they can recall. Write down their names and phone numbers so the insurance adjuster can call them for a witness statement.
- Obtain information from the other driver. Get their name, contact information, and auto insurance details.
- Get medical treatment. Even if your injury is minor, you should still see a doctor. They will evaluate your injuries to determine an appropriate treatment plan. Follow their instructions for additional appointments with other medical providers, imaging tests, and surgical procedures.
- Maintain records. Write down all the details you remember about the speeding accident, including where it occurred, how it happened, and the injuries you sustained. Keep a copy of every document related to the crash, such as your medical records and insurance company letters.
- Hire a lawyer. Contact Abel Law Firm for legal representation. When you hire us, one of our Oklahoma City speeding accident attorneys will handle your case and seek financial compensation from the at-fault motorist.
Things That Negatively Affect Insurance Claims
Even though the other driver was speeding, that doesn’t automatically mean you’ll receive the maximum liability settlement available. Insurance companies are in the business of saving money. When they’re reviewing claims, they look for reasons to issue a denial or provide a low settlement offer. To secure your rights and ensure the insurance company pays what you deserve, pay attention to the list of “don’ts” below.
- Don’t participate in a recorded statement. The liability insurance adjuster will request a lot from you while performing their investigation into the accident. If they ask that you provide a recorded statement, politely decline and give them your lawyer’s contact information. You don’t want to risk saying something that causes a denied claim.
- Don’t admit fault. Keep your answers to questions factual and brief. Don’t admit fault to the investigating officer, witnesses, the other driver, or the insurance company.
- Don’t sign forms before showing your Oklahoma City speeding accident attorney from Abel Law Firm. There are some documents you don’t have to fill out and submit to the insurance company. We’ll review everything and let you know if it’s a legal requirement.
- Don’t skip appointments with your doctors. One of the most common reasons insurance adjusters deny liability claims is a gap in treatment. If you consistently miss appointments or there’s a large gap between them, the adjuster will assume your injury isn’t serious.
Schedule Your Free Consultation with Abel Law Firm
Our Oklahoma City car accident attorneys understand what you’re going through. You’re suffering from your injuries, unable to work, and facing expensive medical bills. When you hire us, we’ll relieve your burden by handling every legal aspect of your case. We have an experienced legal team that will guide you through the complicated legal process and provide support during this traumatic experience.
If a speeding driver caused your car accident and injuries, call Abel Law Firm at (405) 239-7046.