How Can I Prove a Speeding Driver Caused My Car Accident?

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By Yosi Yahoudai
Founder and Managing Partner

Unfortunately, many drivers in Los Angeles County know that dealing with speeding from other drivers can be incredibly common. No matter how common or how advanced a person’s driving skills may be, exceeding speed limits represents a limit for all road users.

Generally speaking, exceeding the speed limit is dangerous for everyone on the road for the following reasons:

  • Extends the time it takes a vehicle to stop
  • Reduces your ability to maneuver obstacles on the road or other vehicles
  • Increases the chance of losing control of your vehicle
  • Increases the severity of the impact after a collision
  • Increases the chance of more serious injury
  • Increases the possibility that other vehicles (cars, cyclists) and pedestrians will be involved in an accident
  • Reduced effectiveness of occupant protection equipment

When another driver’s speeding injures you, your legal claim should focus on proving that your injuries are the responsibility of a third party. Under the laws of the State of California, the defendant’s fault or liability will be determined based on the elements of negligence. Negligence happens when someone fails to exercise reasonable care to avoid causing injury to another person or property.

To prove negligence in a California car accident, you must provide evidence showing that the actions of another party were responsible for causing the collision. Evidence may include photographic evidence, eyewitness testimony, and police reports. Some of the most common proof you can look for and document after an accident include:

  • Police reports of the accident
  • Testimonials from people who witnessed the incident
  • Tire brands
  • Road debris
  • Dash cams, traffic recordings or other video footage
  • Electronic devices on board

Another major indicator of a speed-related crash is the damage sustained by both vehicles. According to the Insurance Institute for Highway Safety, speeding-related collisions are more serious, even when they occur after minor increases in the speed of the vehicles involved in the incident.

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About the Author
Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.