Speeding serves as a factor in many serious and fatal crashes that occur in the U.S. In 2018 alone, the Insurance Institute for Highway Safety (IIHS) says more than 9,000 fatal injuries were suffered in crashes that were speed related. Not only does speed increase a driver’s chances of engaging in a collision as they are not given as much time to stop, but they also make crashes more deadly, according to the IIHS as the impact tends to be more severe.
If a driver was hit by a speeding driver and they are looking to gain a better understanding of what their legal rights are, they should speak with a San Antonio, TX car accident lawyer. The Texas Law Giant is an accident law firm located in San Antonio that is available to help anyone whose life has been turned upside down by a wreck.
Understanding a Driver’s Legal Rights After a Speed-Related Accident
Not only does Texas law say it is illegal for a driver to speed beyond the posted speed limit, but it also states that drivers must adjust their driving to changes in weather and roadway conditions. Texas Transportation Code Section 545.351 explicitly states that “an operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing.” Therefore, a driver must adjust their driving when the following conditions are present:
- They approach an intersection or railroad grade crossing.
- They are going around a curve or approaching a hill crest.
- They are traveling on a narrow or winding road.
- They are driving through a work zone.
- Inclement weather is present (e.g. rain, snow, fog, wind, etc.)
In the event a driver fails to reduce their speed when roadway or weather conditions permit for it or they operate their vehicle over the posted speed limit, they may be held liable for any accidents they cause. Because Texas follows at-fault laws, drivers who are responsible for causing an accident are responsible for paying for any injuries they cause another to suffer. Therefore, if a speeding driver caused an accident and an individual suffered injuries, they could file a claim with that driver’s insurer in an effort to recover compensation for things like property damage, medical expenses, and more.
Generally, when a car crash victim’s injury is severe, they might have the grounds to file a personal injury lawsuit against the speeding driver which would allow them to potentially recover more than they would from the insurer. Now, before a car accident victim accepts anything from the insurer or agrees to a settlement, they should consult with a San Antonio, TX car accident lawyer.
If a car crash victim would like to connect with a legal expert to discuss the recent accident they were involved in or to receive an estimate for what their case might be worth, they can contact The Texas Law Giant at (210) 944-4103.
The Texas Law Giant can be reached at:
5826 W Interstate 10 Ste 102
San Antonio, TX 78201-2852
Phone: (210) 944-4103