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Some people can survive a car crash at 80 mph, while some will not be so lucky. The Insurance Information Institute lists speeding as the leading cause of car accident fatalities, costing over 8,000 lives in 2018.
If a driver speeds and engages in other risky driving behaviors, such as drinking or using a cellphone while driving, the risk for a fatal accident increases.
Other Factors That Can Lead to Car Accidents
The following factors can affect someone’s ability to operate a motor vehicle:
- Fatigue
- Intoxication (e.g., from alcohol, prescription drugs, or illegal substances)
- Intense emotions, like anger
- Traffic patterns
- Age
- Gender
- How long they have been driving
- Weather
- Road conditions
A driver may also choose to drive while distracted. They may perform the following actions behind the wheel, endangering everyone around them:
- Changing the radio station
- Texting or making social media posts
- Attending to passengers, children, or pets
- Sightseeing
- Mentally “checking out”
- Listening to the radio or a GPS
- Reading street signs or billboards
Your lawyer may subpoena the other driver’s phone records to check if they were texting or using their cellphone while driving.
Any number of distractions can cause someone to speed. The Insurance Institute for Highway Safety reports that Georgia’s and South Carolina’s highest posted speed limits are 70 mph on highways. Anyone driving 80 mph would thereby be speeding and committing a moving violation. If you were hit by someone driving over the speed limit, you will have to prove that the other driver was endangering your safety.
The impact of a speeding accident can cause severe injuries. A minor speeding accident may still result in bruises, a broken leg, and a whiplash injury. Other accidents might result in similar or worse injuries, such as a traumatic brain injury (TBI) or internal bleeding.
A Driver May Not Be the Only One Liable for an Accident
In some accidents, the vehicle drivers may not bear the majority of the fault. Sometimes, a defect can cause an accident. If a defective part malfunctions while someone is on the road, all they can do is get to a safe place and stop the car. They may hit others as they do so, but the insurance company or the court may determine that they are not primarily at fault for damages they cause.
Trucks pose more of a threat than the average passenger vehicle due to the weight difference. There may be several parties at fault when a truck accident occurs. These parties may include:
- The trucking company owner
- The truck driver
- A mechanic who worked on the vehicle
- An auto parts installer
- A parts manufacturer
Additionally, there may have been a recall on your vehicle that you were not informed about. This could have contributed to the accident. So, the company that manufactured or sold you your car may be liable for your accident for this reason.
Road conditions can also play a role in a car crash. For instance, a person decelerating after driving over a bridge will have to manually apply pressure to their vehicle’s brake to stay within the speed limit and at pace with traffic flow.
If the bridge is too steep, a municipality or organization responsible for the design and maintenance of the road could be held liable for damages. This may apply to cases where an intersection was placed too close to a bridge, making it difficult for a driver to slow down enough and stop for the traffic light.
You May Be Able to Pursue a Wrongful Death Lawsuit
If your loved one did not survive a car crash at 80 mph, you may be able to file a lawsuit. You could pursue a variety of damages that you and your loved one incurred. These damages may include:
- Your loved one’s final medical expenses
- Funeral and burial expenses
- Lost income
- Loss of consortium
- Pain and suffering
- Loss of guidance
- Loss of companionship
- Childcare costs if your loved one was a caretaker in your family
It can be difficult to cope with loss, so it is understandable if you do not have the spirit to handle legal matters on your own, as there can be a lot involved with a civil court case. Just know that you can always retain a legal representative for support. You may have your lawyer file a wrongful death lawsuit on your behalf while you take care of personal matters.
George Sink, P.A. Injury Lawyers Can Help You Today
You may be overwhelmed with all the details of a speeding car accident, but we are here to help. We can inform you about the legal process of pursuing an insurance claim or personal injury lawsuit after surviving a car crash or losing your loved one in a speeding car crash.
Call us or fill out our online form to speak to a team member from George Sink, P.A. Injury Lawyers today during a free case review.