Speeding is a common factor in many car accidents, but did you know that even driving within the posted speed limit can sometimes be considered negligent? In Missouri, the circumstances surrounding your speed at the time of an accident can significantly impact your personal injury claim. At The Law Office of Chad G. Mann, LLC, we’re committed to helping you understand how speed laws affect liability so you can make informed decisions after an accident.
How Speed Violations Contribute to Liability
Exceeding the posted speed limit is a clear violation of traffic laws and can serve as strong evidence of negligence in a personal injury case. However, compliance with speed limits doesn’t automatically absolve a driver from liability. According to Missouri case law, driving at a speed that is unsafe for the current conditions—regardless of the posted limit—can still be deemed negligent.
Key Cases:
- Hill v. Boling, 523 S.W.2d 867 (Mo. App. E.D. 1975): The court noted that speed can be excessive even if the driver is obeying the speed limits.
- Powell v. Watson, 526 S.W.2d 318 (Mo. App. S.D. 1975): Emphasized that driving at a speed that endangers persons or property under existing conditions may constitute negligence, even within legal speed limits.
Circumstantial Evidence of Excessive Speed
You might wonder how excessive speed is proven if there’s no direct evidence like a radar reading. In Missouri, courts allow the use of circumstantial evidence to establish that a driver was traveling at an unsafe speed. This means that observations about the accident scene, vehicle damage, and witness testimonies can all contribute to proving negligence due to excessive speed.
Examples of Circumstantial Evidence:
- Skid Marks: Long skid marks may indicate that a driver was traveling too fast to stop safely.
- Vehicle Damage: Extensive damage can suggest a high-impact collision, pointing to excessive speed.
- Final Resting Position: If a vehicle is thrown a significant distance from the point of impact, it may indicate high speed.
Supporting Case:
- Russell v. Kotsch, 336 S.W.2d 405 (Mo. 1960): Established that direct testimony isn’t required to prove excessive speed; circumstantial evidence is sufficient.
Factors Making Legal Speed Limits Unsafe
Even if you’re driving within the posted speed limit, various conditions can make that speed unsafe and, therefore, negligent under Missouri law.
Relevant Circumstances Include:
- Weather Conditions:
- Rain, snow, fog, or ice can make roads slippery and reduce visibility.
- Road Conditions:
- Potholes, sharp curves, or steep grades require reduced speed for safety.
- Traffic Conditions:
- Heavy traffic or pedestrian activity may necessitate slower driving.
Case Insight:
- Hill v. Boling: The court highlighted that whether speed is excessive depends on road conditions and surrounding circumstances known or should have been known to the driver.
Why This Matters for Your Personal Injury Claim
Understanding how speed laws and liability work in Missouri can significantly impact your case:
- Shared Fault: Missouri follows a pure comparative fault system. If you’re found partially at fault due to excessive speed, your compensation could be reduced by your percentage of fault.
- Evidence Gathering: Knowing that circumstantial evidence can prove excessive speed underscores the importance of collecting as much information as possible after an accident.
- Legal Strategy: An experienced attorney can help interpret these nuances and build a strong case on your behalf.
How The Law Office of Chad G. Mann, LLC Can Help
Navigating the complexities of speed-related liability requires legal expertise. Our dedicated team offers:
- Thorough Investigation: We’ll gather all necessary evidence, including skid marks, vehicle damage assessments, and witness statements.
- Expert Legal Advice: We’ll explain how speed laws apply to your case and what that means for your claim.
- Aggressive Representation: We’ll advocate for your rights to ensure you receive the compensation you deserve.
Contact Us Today
If you’ve been injured in a car accident in Springfield or anywhere in Missouri, don’t navigate the legal complexities alone. Contact The Law Office of Chad G. Mann, LLC for a free consultation. Let us help you understand your rights and pursue the maximum compensation you’re entitled to.