Being involved in a car accident is a life-altering experience, and it can feel even more overwhelming if you were speeding at the time of the crash. You might wonder if your actions bar you from seeking compensation for your injuries. In Florida, where over 400,000 car accidents occur annually and speeding remains a common factor, understanding your rights under the state’s comparative negligence laws is essential. Even if you were partially at fault, you may still have legal options to recover damages for your medical bills, lost wages, and pain and suffering. This article will guide you through your options and explain how Florida’s laws may impact your case.

On March 24, 2023, Florida Governor Ron DeSantis signed HB 837 into law, bringing major changes to the state’s personal injury litigation process. Among the most significant reforms is the adoption of a modified comparative negligence system for cases involving shared fault. This means that even if speeding contributed to the accident, you may still be entitled to compensation based on the degree of fault attributed to you. By understanding how this rule applies and the steps you need to take to strengthen your claim, you can move forward with confidence. Keep reading to learn how these laws work and how an experienced attorney can help protect your rights during this challenging time.

Can I Still Get Compensation If I Was Speeding in a Florida Car Accident?

You may still be eligible for compensation if you were speeding in a Florida car accident, but the amount you can recover will depend on your level of fault. Florida operates under a modified comparative negligence system as of 2023, which means that if you are found to be 50% or less at fault, you can still recover damages. However, your compensation will be reduced by your percentage of fault. For example, if your damages total $50,000 but you are deemed 20% responsible due to speeding, your compensation would be reduced by 20%, leaving you with $40,000.

The key to securing compensation in such cases is demonstrating that the other party’s negligence significantly contributed to the accident. Evidence such as police reports, witness statements, traffic camera footage, or expert testimony can help establish the other driver’s fault. Working with an experienced car accident lawyer can make a significant difference in gathering the necessary evidence, navigating Florida’s legal requirements, and minimizing the impact of your fault on your claim. Even if speeding played a role, you shouldn’t assume you are ineligible for compensation.

What Factors Determine Fault After a Florida Car Accident Involving Speeding?

Determining fault in a Florida car accident where speeding is a factor can be a complex process that involves evaluating multiple pieces of evidence and circumstances.

The main factors used when determining fault in a Florida car accident involving speeding are:

Speed and Its Contribution to the Accident

The degree to which speeding contributed to the accident is a key consideration. Driving slightly above the speed limit may not carry as much weight as excessive speeding or racing. Investigators will analyze:

• How much over the speed limit you were driving.
• Whether speeding was the primary cause of the collision or merely a contributing factor.
• Weather or road conditions that may have magnified the risks of speeding.

Actions of the Other Driver

Fault is not determined solely by your actions; the other driver’s behavior is also scrutinized. Examples of negligent actions by the other driver include:

• Running a red light or stop sign.
• Distracted driving, such as texting or using a cellphone.
• Failing to yield the right of way.
• Driving under the influence of drugs or alcohol.

If the other driver’s negligence played a significant role in the accident, your speeding may have less impact on your overall fault percentage.

Evidence from the Scene

Evidence collected at the accident scene plays a significant role in determining fault. This evidence can include:

• Police Reports: Law enforcement officers assess the scene and may document the role of speeding or other violations in the crash.
• Surveillance or Dashcam Footage: Cameras may capture the speed of vehicles or other factors leading to the collision.
• Skid Marks and Vehicle Damage: Accident reconstruction experts use this physical evidence to determine vehicle speeds and the sequence of events.
• Witness Testimony: Eyewitnesses can provide valuable insight into what occurred before and during the crash.

Road and Environmental Conditions

Factors such as weather, road design, and visibility also affect fault determination. For example:

• Poorly maintained roads (e.g., potholes or lack of signage) may have contributed to the accident.
• Inclement weather (e.g., rain, fog) can amplify the consequences of speeding. If these conditions played a role, fault might be distributed differently.

Compliance with Traffic Laws

Any violation of traffic laws by either party will be taken into account. If the other driver violated laws, such as driving recklessly or failing to signal, their fault percentage may increase, even if speeding was a factor.

If you’ve been involved in a car accident where speeding was a factor, consulting an experienced personal injury attorney can help you build a strong case and minimize the impact of fault on your claim. An attorney can help gather evidence, negotiate with insurance companies, and protect your rights throughout the legal process.

What Damages Can I Claim After a Car Accident in Florida?

After a car accident in Florida, victims may face physical injuries, emotional distress, and financial burdens. Fortunately, Florida law allows accident victims to seek compensation for these losses through various types of damages. Understanding the categories of damages available can help you build a strong claim and maximize your recovery.

Economic Damages

Economic damages are tangible losses that can be easily calculated based on documentation like bills, receipts, and pay stubs. Common types of economic damages include medical expenses, lost wages, loss of earning capacity, property damage, and other out-of-pocket expenses during recovery.

Non-Economic Damages

Non-economic damages cover the intangible losses that do not have a direct monetary value but significantly affect your quality of life. These damages can include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

Punitive Damages

In rare cases, Florida courts may award punitive damages to punish the at-fault party for particularly reckless or egregious behavior, such as driving under the influence or engaging in road rage. Punitive damages are not meant to compensate the victim but rather to deter similar behavior in the future.

How to Maximize Your Compensation

To ensure you receive fair compensation for all damages, it’s essential to:

• Document Everything: Keep records of medical bills, lost wages, repair estimates, and any other accident-related costs.
• Seek Medical Attention: Prompt treatment establishes a clear link between the accident and your injuries.
• Consult an Attorney: A personal injury lawyer can help calculate your damages, gather evidence, negotiate with insurance companies, and advocate for you in court if necessary.

Steps to Take After an Accident in Florida If You Were Speeding

Being involved in a car accident while speeding can be a stressful and overwhelming experience. However, taking the right steps after the accident can protect your rights and help minimize the impact of speeding on your claim. Here are the steps you should follow:

1. Ensure Safety and Call for Help

The first priority after any accident is safety. Move your vehicle to a safe location if possible, and check for injuries. Call 911 to report the accident and request medical assistance for anyone injured. Reporting the accident to the authorities is essential, as the police report will be a key piece of evidence in determining fault.

2. Seek Immediate Medical Attention

Even if your injuries seem minor, it is imperative to get medical attention as soon as possible. Adrenaline can mask symptoms of serious injuries, and prompt medical care not only protects your health but also creates a record of your injuries. This documentation will be critical when seeking compensation for medical expenses and other damages.

3. Avoid Admitting Fault

While it’s natural to feel guilty after an accident, avoid admitting fault at the scene. Even a casual comment like “I was going too fast” could be used against you later. Stick to the facts when speaking to the police, other drivers, and witnesses.

4. Collect Evidence at the Scene

Gather as much evidence as possible to support your case. This includes:

• Photos and Videos: Document the vehicles, damage, skid marks, traffic signs, and any other relevant details.
• Contact Information: Exchange information with the other driver(s), including names, phone numbers, insurance details, and license plate numbers.
• Witness Information: Get contact details of any witnesses who can provide statements about what happened.
• Police Report Number: Request the accident report number from the responding officer for future reference.

5. Notify Your Insurance Company

Report the accident to your insurance company as soon as possible, but be cautious about what you say. Provide only the necessary details, and avoid admitting fault or downplaying your injuries. Your insurance company will require this notification for any potential claims.

6. Consult a Personal Injury Attorney

Speeding can complicate your case, but an experienced Florida car accident attorney can help protect your rights. An attorney can:

• Analyze the accident report and evidence.
• Advocate on your behalf to minimize the impact of your speeding on fault determination.
• Handle communication with insurance companies and opposing parties.
• Work to secure the best possible compensation for your injuries, lost wages, and other damages.

7. Document Your Injuries and Expenses

Keep detailed records of your medical treatments, injury symptoms, and related expenses. This includes bills for doctor visits, prescriptions, physical therapy, and any other accident-related costs. These records will be critical in calculating the value of your claim.

8. Follow Up on Your Case

Stay involved in your case by staying in contact with your attorney and providing any additional information or documentation they need. Respond promptly to inquiries and keep track of deadlines to ensure your claim progresses smoothly.

9. Focus on Recovery

While the legal process unfolds, prioritize your physical and emotional recovery. Attend all medical appointments, follow your doctor’s advice, and seek support if needed to deal with the stress of the accident.

Speeding can complicate a car accident claim, but it doesn’t necessarily bar you from recovering compensation in Florida. By following these steps, you can protect your rights, minimize fault, and build a strong case for fair compensation.

Suffered Car Accident Injuries in FL While Speeding? Brandon J. Broderick Can Help Secure the Compensation You Deserve

The attorneys at Brandon J. Broderick, Attorney at Law, understand how life-changing car accident injuries can be, and we’re here to help you navigate this difficult time. Our compassionate team is dedicated to being by your side every step of the way, fighting tirelessly to ensure that you receive the compensation and care you need to recover fully.

You don’t have to face this alone; contact us today and take the first step toward rebuilding your life with confidence.