Impact of Speed in a Truck Accident Case

There is no doubt that some of the most serious accidents in the Decatur and greater Atlanta area are those that involve trucks. The injuries can be horrific and often lead to wrongful death.

When we consider the impact an 18-wheeler can have on a smaller vehicle, we tend to think of the difference in size. We also think about the ways tractor-trailers can be unstable. However, we often overlook the role that speed plays in truck accidents. 

Speed increases the dangers that trucks pose on our roads—and unlike other causes that contribute to the severity of an accident, speed is a factor that is controlled by the driver and the trucking company they work for. For these reasons, it is crucial to understand the impact that speed can have on a truck accident case.

Speed Can Lead to Liability for Commercial Trucking Companies

One reason why corporate lawyers and insurance investigators seem to appear so quickly after a truck accident is that they know tremendous money is at stake, and they want to do all they can to contain costs. If there is any evidence that connects the trucking company to the cause of the accident, they don’t want you to find it because that could allow the company to be held legally liable for the truck collision. If the company is liable, it will have to pay thousands or even millions of dollars in damages.

Speed is a factor that could lead to a finding of liability, so they don’t want accident victims to have evidence about it. They may try to tell victims that they don’t need to pay a lawyer because they’ll offer them money right away. Of course, the money they offer won’t be nearly as much as what the accident victim should be entitled to receive, because that’s how they keep costs down. They will hope no one considers evidence in settlement negotiations or court.

But if you work with a legal team to gather evidence that shows a driver was speeding, then you are able to show how the driver breached a duty to you and others on the road, and you can continue on to show how that irresponsible conduct triggered the collision. When you can prove that irresponsible conduct (a breach of duty) caused an accident and the resulting injuries, you can recover compensation. The driver may have been the one responsible for driving too fast, but if the driver is an employee of a company, the company can be held responsible for the actions of its employee. Even if the truck driver was not an employee, if their fast driving was encouraged or induced by the trucking company, your attorney could work to hold the company liable. 

Speed Increases the Severity of Injuries

Speeding affects truck accidents in two primary ways. First, speeding can increase the likelihood of a collision. When you can prove that if the truck driver had been driving at the appropriate speed, the collision would not have occurred, you show that speeding is the cause of the accident. 

However, the true problem is not the collision itself, but the harm it caused to you due to injuries and property damage. Regardless of whether a truck driver’s speed directly caused the crash, it may well have caused your injuries or made them worse than they otherwise would have been.

Speed dramatically increases the force of impact in a truck accident. If you double the speed of a vehicle, the force of impact is four times greater. That has a significant impact on the outcome of an accident and the severity of the resulting injuries. An experienced truck accident attorney will often work with experts to testify to these effects and the injuries they cause.

Speeding is Not Just About What’s on the Sign

Driving at a rate above the posted speed limit, whether the standard limit or a special limit set for a construction or emergency zone, would definitely be considered speeding. However, that is not the only situation where a truck driver’s speed could be held as the cause of an accident. 

All drivers have an obligation to drive at a speed that is safe and prudent. Specifically, Section 40-6-180 of the Official Code of Georgia prohibits drivers from operating “at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing.”

In other words, if the roads are slick due to rain or ice, or there are curves, hills, or other features that interfere with visibility, all drivers are expected to drive slower than the posted limit if necessary to keep their vehicle at a speed that is reasonable to maintain safety under the conditions.

A driver—and by extension, the trucking company—can be held liable for speeding even when the truck is operating under the posted limit, if the driver should have slowed down to account for the conditions.

How the Victim’s Speed Can Impact Recovery in a Truck Accident Case

As a practical matter, the flow of all traffic is often moving above posted limits or at a pace that is too fast to be safe based on the current conditions. So, what happens if a court determines that both the truck driver and the driver of the vehicle hit by the truck were speeding, and that the speed of both drivers contributed to the cause of the collision and resulting injuries? It then becomes necessary to determine the percentage of fault attributed to each factor that contributed to the accident.

If the accident victim’s share of fault is less than 50%, they can still recover compensation from the other responsible parties. However, the amount the victim receives in that situation would be reduced by the percentage of their share of fault. If, for example, the driver of a car hit by a truck was found to be 5% at fault for speeding, their damage award would be reduced by 5%.

Work with an Attorney You Can Trust to Fight for Maximum Compensation After a Truck Accident

Whether a truck accident was caused by excessive speed or other factors, it is essential to work with a dedicated and knowledgeable truck accident lawyer as soon as possible to build the strongest case for a full recovery. At Michael M. Day Law Firm, we know how to stand up to trucking companies and insurers to fight effectively for full and fair compensation for accident victims. Schedule a free case evaluation and consultation with us today to find out how we can help with your recovery after a truck accident. Call 404-480-4284 or contact us online to get started.