Speed limits are meant to keep motorists and pedestrians safe. Despite this, many people break these rules because they need to get somewhere quickly or are simply not paying attention to their recorded speed. However, this is not an excuse for violating the posted speed limit, and people who break this rule should be held accountable. In other situations, severe weather conditions, traffic, or road hazards can make it unsafe to travel at the posted speed limit, requiring motorists to slow down accordingly. Speeding is one of the main causes of motor vehicle collisions. Due to the high impact at which these crashes happen, they often result in devastating injuries. Knoxville car accident attorney Mark Hartsoe is experienced in representing victims who have been struck by a speeding driver. He can help you seek the compensation that you deserve.
Assert Your Right to Compensation from a Speeding DriverA car accident case is a type of personal injury lawsuit that requires the plaintiff to prove that the person who caused his or her harm was acting negligently at the time of the crash. Negligence is a term that refers to the legally established level of care that we expect each person to exhibit on a daily basis. The standard is typically informed by the situation in which the accident occurred, but it generally requires each of us to exercise reasonable prudence and care.
In the context of operating a motor vehicle, therefore, the duty of care requires each driver to comply with all traffic rules and regulations, including speed limits. A reasonably prudent driver would not be expected to violate the speed limit. Nor would a reasonably prudent driver be expected to maintain a speed at or near the limit if the road, weather, or traffic conditions would make it dangerous to do so. As a result, someone who engages in these behaviors probably has breached the duty of care.
After showing that the defendant violated the speed limit or otherwise drove at an inappropriately high speed for the circumstances, the plaintiff must demonstrate how this careless conduct caused the accident. It must have been a reasonably foreseeable result of the defendant’s speeding, and something that likely would not have happened if the defendant had driven at an appropriate speed for the situation.
Victims who are able to hold a speeding driver liable may be able to receive a wide range of damages, such as medical bills, missed wages, lost future earning capacity, property damage, and pain and suffering. Under Tennessee law, a plaintiff may seek compensation for medical expenses that were incurred up until the date of trial or settlement. He or she also may seek future medical expenses that are reasonably projected into the future.
If a plaintiff can prove that the defendant acted maliciously, recklessly, intentionally, or fraudulently by clear and convincing evidence, TCA 29-29-104 authorizes him or her to seek punitive damages based on this conduct. These damages are awarded in addition to compensatory damages when a defendant has behaved particularly egregiously. Depending on the circumstances, an extremely high speed or a flagrant violation of the speed limit may support an allegation of recklessness. It is important to preserve evidence of speeding before it is lost. Hartsoe routinely works with accident reconstruction experts to prove the defendant’s speed.
Contact a Dedicated Car Accident Attorney in the Knoxville AreaPeople who have been hurt or lost a loved one to the actions of a speeding driver may be entitled to compensation. Knoxville car accident lawyer Mark Hartsoe provides each of his clients with dedicated, personalized, and compassionate legal representation at each step of the legal process. As an experienced motor vehicle collision attorney, he has helped victims throughout Tennessee assert their right to compensation. Call us at 865-804-1011 or contact us online to set up a free consultation.