Current times are stressful. I recently wrote about the stress of the pandemic, how it’s causing many people to drive unsafely, and how you can drive defensively to stay safe. Today, we have even more information about the state of driving in our area.
The Missouri State Highway Patrol recently tweeted that so far this year there’s been a 52% increase in 26 mph or over speeding tickets compared to last year. Driving too fast poses a serious risk of crashes. Causing a crash because you were driving too fast will subject you to civil claim for damages and can also result in punitive damages.
As a car crash lawyer in Kansas City, this is how I incorporate an at-fault driver’s speed into my car crash cases.
- First, I look for evidence of the at-fault driver’s speed.
- If my client, or an eyewitness, saw the driver before the crash, the client or the witness can testify about the driver’s speed. Most cars also have black box-type devices that record the driver’s speed in the moments before a crash. With the right tools, this information can be downloaded from a car after a crash to establish speed. Finally, we always look for video footage of a crash from several sources, and that can be used to establish a driver’s speed.
- Once I have evidence the driver was speeding, I use that information to show several things.
- One, it can establish the driver was negligent. Driving too fast is a recognized cause of action in Missouri and can be used to get money compensation if you’re hurt. A driver’s speed can also be used to prove the nature and extent of your injuries. Speed can be used to calculate the force of impact in a crash. This can be used to show how the force caused your injuries.
- Finally, I consider if speed can be used to seek punitive damages.
- Driving ridiculously fast and causing a crash is conduct that should be deterred. We deter conduct with punitive damages. This is an amount of money above and beyond compensation that is used to punish the driver and deter him or her and others from speeding in the future. Punitive damages are difficult to get, but in the right case, speeding can be used to get them.
If you’ve been in a crash because someone was speeding, you’re welcome to call my office at 816.867.8611 to talk about a claim. We have many years of experience in car crash cases and are here to help. And remember, slow down and stay safe out there!