Speeding

Car Accident Lawyers Guiding Stuart Residents and Others

Along with driving while impaired and distracted driving, speeding is among the top causes of car accidents in Florida and the United States in general. There are many different reasons why drivers operate their vehicles in excess of the speed limit: being in a rush to get to their destination, a false belief that they can handle the vehicle at high speeds, a lack of awareness of the posted speed limit, or simply a misguided desire to show off. Regardless of the reason for a speeding crash, serious injuries and even death can result. The car accident attorneys at Donaldson & Weston help Stuart residents and other individuals in their efforts to hold a careless driver accountable for a collision.

Holding a Speeding Driver Liable for Damages

Motor vehicle accidents caused by speeding fall under the general principles of negligence law. This typically means that a plaintiff must show that a defendant had a legal duty of care, the defendant breached that duty, there was a link of causation from the breach to the crash, and quantifiable damages were incurred. One way to demonstrate the existence of a legal duty owed by a defendant is to refer to traffic rules or other laws to which the defendant may have been subject. A breach of duty may be proven by showing that the defendant either clearly exceeded the posted speed limit or was driving too fast for the conditions, taking into consideration the traffic and the weather.

A plaintiff’s recoverable damages may include both pecuniary losses, such as missed wages, property damages, or medical expenses, and non-pecuniary losses like pain and suffering. In some cases in which the defendant’s conduct was beyond careless, to the point of being reckless, willful, or wanton, punitive damages may also be a possibility. If a speeding accident resulted in a tragic loss of life, the victim’s family may seek reimbursement for funeral and burial expenses, final medical expenses, and loss of consortium. The victim’s estate may also be able to file suit for other damages.

Often, causation becomes an issue in speeding accident lawsuits. A defendant may admit that he or she was speeding but allege that some other factor, perhaps even the plaintiff’s own negligence, contributed to the accident or totally caused it. Under Florida’s pure comparative fault rule, a jury can distribute fault among the plaintiff, the defendant, and sometimes even third parties that are not named in the case. Even if he or she was partly at fault, however, the plaintiff is entitled to recover a proportion of damages equal to the defendant’s percentage of fault. For instance, if the jury decides that the defendant’s speeding was 75% responsible for causing an accident, while the plaintiff’s own negligence was 25% to blame, the plaintiff can potentially recover 75% of his or her total damages.

Contact a Motor Vehicle Collision Attorney in the Stuart Area

All civil lawsuits have filing deadlines and procedural requirements that must be met in order for a case to successfully make its way through the court system. Failing to comply with these important rules can result in a plaintiff’s suit being dismissed, regardless of its merits. Thus, you should not delay if you or a person close to you has been hurt in a car accident caused by a speeding driver in the Stuart area. The motor vehicle collision lawyers at Donaldson & Weston can be reached by calling (772) 266-5555 or using our online form to set up a free consultation. We represent accident victims throughout St. Lucie, Palm Beach, and Martin Counties, including in Port St. Lucie, West Palm Beach, and Jupiter.

Testimonials
★★★★★
“The attorneys at Donaldson & Weston helped me get an amazing result on my case. Obviously I’ve been through a lot physically but I feel better now and the money really helped my family. When I was riding my bicycle I was hit by a truck that wasn't paying attention. I am not the suing type, but I would definitely hire this firm again.”
MP
★★★★★
“After my accident, i felt like I was being pulled in a bunch of different directions. I really didn't know what to do and all I wanted was someone to shoot me straight. The lawyers at the firm were so honest and definitely pointed me in the right direction. The staff was professional. I think it’s great that only attorneys work on my case, it definitely made me feel comfortable”
DL
★★★★★
“After my accident happened I waited to hear back from the insurance company for about 6 months. I just felt like they kept jerking me around. They even told me not to hire an attorney because it would mean less money in my pocket. I couldn't wait any longer because my bills were out of hand. I hired this firm and they were solid. I got a great result without having to go to court.”
SC