In New York State, speeding contributes to nearly one-third of all traffic fatalities annually. The force of a crash at high speeds turns what might have been a minor fender-bender into a life-altering disaster, leaving victims and their families to grapple with devastating injuries and unbearable loss.
If you have been affected by a speeding-related accident, it’s not just the physical and emotional trauma that you must endure—there are also the legal hurdles that follow.
A lawyer can explain how dangerous speeding really is, and can guide you through the legal options available for victims of speeding accidents in New York.
Need advice? We are here to help. Contact William Mattar Law Offices today at (716) 444-4444 for your free consultation. Together, we can help outline your options to chart a path to recovery.
Table of contents
The Hidden Dangers of Speed: How Fast is Too Fast?
Speeding might seem like a minor infraction—just a few extra miles per hour to get home quicker or make it to an appointment on time. But in reality, the consequences of speeding can be catastrophic.
Speeding not only increases the likelihood of an accident but also amplifies the severity of injuries when collisions occur. The laws governing speed limits exist to protect everyone on the road, and violating them can lead to devastating outcomes, both legally and physically.
The Science Behind Speeding: Why It’s So Dangerous
Speeding dramatically reduces the time a driver has to react to sudden changes in traffic, such as a pedestrian crossing the street or a car braking unexpectedly. The faster you drive, the less time you have to decide, and the greater the impact force when a crash happens. This is why speeding contributes to fatal car accidents nationwide.
For instance, according to the National Highway Traffic Safety Administration (NHTSA), if you’re driving at 60 miles per hour, you need at least 240 feet to stop—more than the length of a football field.
In New York’s traffic congestion, where road conditions can change rapidly, this limited reaction time can result in a tragic accident.
New York’s Speeding Laws: What You Need to Know
New York State takes speeding seriously, with strict laws designed to deter drivers from exceeding speed limits.
Driving in excess of the speed limit can result in hefty fines, points on your driver’s license, and even criminal charges in extreme cases.
The Legal Consequences of Speeding in New York
Beyond fines and points, speeding can lead to more severe legal consequences, especially if it results in an accident. In New York, you can hold a driver who causes an accident while speeding liable for damages, including your medical bills, lost wages, and pain and suffering.
What Are My Legal Options After a Speeding-Related Accident?
While our attorneys can’t give you proper legal guidance without understanding your unique situation, here are some general options you may have:
No-Fault Insurance
In New York, no-fault insurance, also known as Personal Injury Protection (PIP), is a mandatory coverage that provides benefits to individuals involved in car accidents, regardless of who was at fault.
This system is designed to ensure that certain medical expenses and other related costs are covered promptly, without the need to establish fault, thus reducing litigation and speeding up the compensation process.
Coverage Limits and Benefits
- Medical Expenses and Rehabilitation: PIP covers certain reasonable and necessary medical and rehabilitation expenses resulting from an accident. This includes hospital bills, doctor visits, and therapy costs, using established fee schedules.
- Lost Wages: Generally speaking, PIP covers 80% of lost earnings due to injuries from the accident, with a cap of $2,000 per month for up to three years. This is subject to statutory offsets for other benefits like New York State disability or Federal Social Security disability benefits.
- Other Expenses: PIP also reimburses up to $25 per day for up to a year for other reasonable and necessary expenses, such as household help or transportation to medical appointments.
- Death Benefit: If a person eligible for no-fault benefits passes away from the accident, an additional $2,000 death benefit is payable to their estate.
Filing a Personal Injury Claim
However, if your injuries exceed the limits of your no-fault coverage or your injuries qualify as a “serious injury” under the Insurance Law, you may be able to step outside the no-fault system and file a lawsuit against the at-fault driver. An experienced attorney can help explain what qualifies as a “serious injury” under New York law.
The first step in determining whether you have a viable tort claim against the at fault party, is to speak with a car accident lawyer. They can build a case for you, arguing that the other driver’s negligence—speeding in this case—was the direct cause of the accident and your injuries.
New York operates under a pure comparative negligence rule, as outlined in New York Civil Practice Law & Rules (CPLR) § 1411. This means that even if you were partially at fault for the accident, you can still recover damages, though your percentage of fault will reduce your compensation.
Uninsured/Underinsured Motorist Claim
If the at-fault driver in your accident either lacks insurance or does not carry enough to cover your damages, you may be able to file an uninsured or underinsured motorist (UM/UIM) claim with your own insurance company.
In New York, UM coverage is a standard part of auto insurance policies, and it serves as a safety net when the responsible party cannot fully compensate you for your losses.
Policyholders can use their UM/UIM coverage to recover damages for pain and suffering caused by an uninsured or underinsured motorist. This type of claim can be complex, often requiring negotiations with your insurance provider to ensure you receive maximum compensation , especially if the insurance company tries to minimize the payout.
Workers' Compensation
If the speeding-related accident occurred while you were performing your job duties, you might qualify for workers' compensation benefits.
Under New York’s Workers’ Compensation Law, employees injured while on the job can receive compensation for medical expenses and a portion of their lost wages without needing to prove fault. This can apply whether you were driving a company vehicle or using your own vehicle for work-related tasks.
Workers’ compensation benefits can be especially critical if your injuries are severe and prevent you from returning to work for an extended period.
Product Liability Claim
In some cases, a speeding-related accident may not solely result from driver negligence but could also involve a defect in one of the vehicles. If a malfunctioning part, such as faulty brakes, defective tires, or a malfunctioning airbag, contributed to the crash, you may have grounds to file a product liability claim against the manufacturer.
Compensation You May Be Entitled To
In New York, victims of speeding-related accidents may recover compensation.
We categorize it into two types:
- Economic Damages: These include tangible losses like medical bills, rehabilitation costs, lost wages, and property damage. Given the high cost of medical care and the potential for long-term or permanent disability, these damages can be substantial.
- Non-Economic Damages: These encompass more subjective losses such as pain and suffering, emotional distress, and loss of enjoyment of life. While these damages are harder to quantify, they are no less important as they significantly impact your overall quality of life.
Why Legal Representation Matters
After a speeding-related accident, the road to recovery is often long and challenging, both physically and legally. This is where the guidance of an experienced attorney becomes invaluable.
Expertise in Speeding-Related Accidents
Speeding-related accidents are not just about proving who was at fault. They often involve a deep understanding of traffic laws, insurance policies, and potentially complex areas like product liability or government negligence.
With their expertise, a lawyer will examine every aspect of your case, ensuring nothing falls through the cracks.
This includes investigating the accident scene, gathering crucial evidence, and consulting with experts to build a strong case on your behalf. They can also help identify additional avenues for compensation you might not have considered on your own.
Negotiating With Insurance Companies
Insurance companies often aim to minimize their payouts, even when it’s clear that the other driver was at fault. Without legal representation, you might find yourself being pressured into accepting a settlement far less than what you deserve.
An attorney can advocate for you, using their knowledge of New York insurance laws to negotiate a fair settlement that fully accounts for your medical expenses, lost wages, and other damages.
If the insurance company refuses to offer a reasonable settlement, your lawyer can take the case to court, where they will present the evidence and argue for your right to full compensation.
Having a lawyer sends a clear message to the insurance company that you are serious about your claim and will fight for your rights.
Handling Complex Claims
As we discussed earlier, some speeding-related accidents involve more than just two drivers. The legal process can become even more complex if your case includes elements like a defective vehicle part or multiple at-fault parties. An experienced attorney can identify these multifaceted claims.
Peace of Mind During a Difficult Time
After an accident, your primary focus should be on healing and recovering, not on the stress of legal battles. By hiring an attorney, you can leave legal work to a professional who will advocate for your rights and work to secure the best possible outcome for your case.
Get Maximum Compensation
Speeding might seem like a minor offense, but the facts say otherwise. They can have devastating consequences if it leads to an accident.
Thankfully, there are avenues for victims to rebuild their lives–whether it’s filing a personal injury claim, pursuing compensation through an uninsured motorist policy, or exploring other legal avenues like workers' compensation or a product liability lawsuit.
Looking for advice tailored to your situation? Our team of attorneys is here to listen. Contact William Mattar Law Offices today at (716) 444-4444 for a free consultation and take the first step toward reclaiming your peace of mind.
How can I help you?