If I Was Speeding, Could It Hurt My Car Accident Claim?

Speeding plays a major role in motor-vehicle collisions that result in injury and death. In 2019 alone, for example, it contributed to more than 1 out of 4 traffic fatalities.

Despite the risks associated with speeding, most people do so on occasion. Sometimes, the posted limit simply feels too slow given the conditions and traffic patterns.

Unfortunately, if you were recently involved in a wreck and you were speeding in the moments leading up to it, your potential recovery could be in jeopardy. This is because Minnesota has a modified comparative fault rule. Under this rule, a plaintiff’s total available compensation is reduced in proportion to their own percentage of liability.

That means if the defendant can make the case that your speeding contributed to the accident, they can shift at least some blame off themselves. It’s also worth noting that if you’re deemed more at fault than the defendant (or defendants combined), the modified comparative fault rule bars you from recovering anything at all.

How Can the Defendant Prove I Was Speeding Before the Wreck?

Resourceful investigators have all kinds of strategies for determining what happened in the moments leading up to a crash. When it comes to estimating how fast each vehicle was traveling, they might use black box data, eyewitness testimony, dash camera footage, and/or surveillance recordings. Whether you’ll be able to challenge any such evidence against you will depend on its validity.

What If My Speeding Didn’t Actually Contribute to the Crash?

If the collision would have occurred regardless of how fast you were traveling, the modified comparative fault rule may not apply. Assuming you can convince the insurance adjuster that you didn’t contribute to the wreck in any way, you should be entitled to seek compensation for 100 percent of the damages you incur.

How Can I Put Together a Strong Claim Regardless of the Role I Might Have Played?

Just because you might have been speeding prior to the accident doesn’t mean you can’t still put together a strong claim. You might not be able to seek all of your losses, but there are steps you can take regardless to pursue the maximum payout possible given the circumstances. Such steps include:

• Writing about your non-economic damages in a personal injury journal,
• Laying low on social media,
• Refraining from giving the insurance adjuster a recorded statement,
• Referring all correspondence to your legal team,
• Following your doctor’s orders, and
• Tracking all your economic damages diligently.

Discuss Your Case with a Car Accident Lawyer in Minneapolis

If you were hurt in a wreck caused by someone else but you were speeding at the time, turn to Bradshaw & Bryant for strategic legal guidance. Our compassionate team never judges clients for the situations in which they find themselves. Instead, we aim to help them put their lives back together using our knowledge, resources, and experience. To set up your free case review with a car accident attorney in Minneapolis, fill out our Contact Form or call 800-770-7008.