Hit By a Speeding Driver: What You Need to Know as a Car Accident Victim in Florida

Speeding is a persistent issue on Florida’s roads. If you have been hit by a speeding driver, you are not alone. It is also important to know that you have clear legal rights, and an experienced Florida car accident attorney can help you assert your legal rights effectively. Keep reading to learn everything you need to know about speed-related accidents and seeking the financial compensation you deserve.

The Statistics on Speeding and Its Consequences

Excessive speed is among the leading causes of serious and fatal car accidents in Florida and nationwide. As discussed by the Florida Department of Transportation (DOT), while driving above the posted speed limit can be extremely dangerous, “[s]peed also affects safety even when driving at the speed limit but too fast for road conditions, such as during bad weather, when a road is under repair, or in an area at night that isn’t well lit.”

In fact, according to data from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), accidents involving drivers who were driving too fast for the conditions are more common than accidents involving drivers who were exceeding the posted speed limit. Here are some notable statistics from the FLHSMV and other sources:

• According to the FLHSMV’s latest data, there were 14,824 accidents involving drivers who were driving too fast for the conditions in 2023, compared to 2,941 accidents involving drivers who were exceeding the posted speed limit.
• However, while just 71 accidents involving drivers who were driving too fast for the conditions were fatal, nearly twice this number—141 accidents—involving drivers who were exceeding the posted speed limit were fatal.
• Overall, FDOT reports that speed is a factor in approximately one-third of all motor vehicle fatalities on Florida’s roads. This is consistent with the national average according to the Insurance Institute for Highway Safety (IIHS).
• Across the United States, an average of 33 people die every single day in car accidents caused by speeding drivers. Non-fatal injuries are far more common. Sadly, all of these accidents are avoidable.
• While dealing with traffic congestion, running late, and a lack of appreciation for the risks of speeding are all common excuses for going too fast, none of these are justifications for putting other drivers’ and passengers’ safety at risk.

The Dangers of Speeding on Florida’s Roads

There are several factors that make speeding dangerous. It isn’t necessarily speeding alone that puts drivers and passengers’ safety at risk, but rather the consequences of driving faster than is safe under the circumstances. As FDOT explains, the consequences of speeding include:

• Greater potential for losing control
• Increased stopping distance
• Increased crash severity
• Increased injury severity
• Reduced effectiveness of vehicle safety equipment (i.e., seatbelts and airbags)

These are the reasons why speeding is illegal. These are also the reasons why speeding drivers deserve to be held accountable when they cause serious and fatal car accidents. For victims and their families, the consequences of speeding can be devastating, and recovering just compensation for these consequences is often a critical step in the recovery process.

Speeding is “Negligence Per Se” Under Florida Law

Seeking just compensation after a car accident in Florida usually involves proving that the at-fault driver was negligent. Negligence can take many different forms, and proving negligence can require various forms of evidence, not only from the accident scene, but from other sources as well.

But, under Florida law, speeding is classified as “negligence per se.” Essentially, since speeding is against the law—and since it is against the law because it is so dangerous—proving that a driver was speeding at the time of an accident is enough to establish a claim for just compensation. If the at-fault driver received a speeding ticket, if there was a speed trap in the area, if the accident was captured by a traffic or surveillance camera, or if the extent of the damage clearly demonstrates that speed was a factor, these can all serve as strong evidence of liability.

Seeking Just Compensation Typically Involves Filing an Insurance Claim

Seeking just compensation after a car accident involving a speeding driver in Florida typically involves filing an insurance claim. Depending on the circumstances, various types of insurance coverage may apply, and it is critical to ensure that you file the right claim (or claims) with the right insurance company (or companies). The types of claims that a Florida car accident attorney may be able to help you file include:

• Bodily Injury Liability (BIL) – This is a claim under the speeding driver’s insurance policy. You can file a BIL claim if you or your loved one suffered a “significant” or “permanent” injury in the accident.
• Personal Injury Protection (PIP) – This is a claim under your (or a family member’s) insurance policy. PIP provides a limited amount of coverage regardless of fault, and it is mandatory coverage in Florida.
• Uninsured/Underinsured Motorist (UIM) – This is also a claim under your (or a family member’s) insurance policy. If you have grounds to file a BIL claim but the speeding driver is either uninsured or underinsured, then hiring a Florida car accident attorney to help you file a UIM claim may be your best option.
• Collision or Property Damage (PD) – These types of insurance cover the costs of repairing or replacing your vehicle. Collision insurance is coverage that you buy to protect yourself, while PD insurance is a type of liability coverage.
• Commercial General Liability (CGL) – If the speeding driver was working at the time of the accident, you may have a claim against his or her employer (or rideshare or delivery company). Most companies have CGL coverage that protects them when their drivers are legally responsible for accident victims’ injuries.

Even if seeking just compensation will involve dealing with your own insurance company, it is important to have an experienced attorney on your side. You need to make sure you are seeking just compensation for all of your covered losses, and you also need to make sure the insurance companies don’t take advantage of you. An experienced Florida car accident attorney will be able to assist with calculating the full compensation you deserve, and then your attorney will be able to negotiate for a fair insurance settlement on your behalf.

All Car Accident Victims Have Clear Legal Rights in Florida

Regardless of the claim (or claims) you are eligible to file, you have clear legal rights under Florida law. If you are facing the consequences of a car accident caused by a speeding driver, your legal rights include:

• The Right to Just Compensation for Your Financial Losses – At a minimum, you are entitled to compensation for your medical bills and lost wages under your (or a family member’s) PIP policy. However, if you or a loved one suffered “significant” or “permanent” (or fatal) injuries, you may be entitled to far more.
• The Right to Just Compensation for Your Non-Financial Losses – Victims and their families can seek just compensation for their non-financial losses in serious and fatal accident cases as well. This includes compensation for present and future pain and suffering, emotional trauma, loss of consortium and companionship, and loss of enjoyment of life.
• The Right to Access the Evidence You Need to Prove Your Claim – From traffic camera footage to the speeding driver’s GPS and telematics data, you have the right to access all of the evidence you need to prove your claim for just compensation.
• The Right to Be Treated Fairly by the Insurance Companies – Insurance companies are prohibited from engaging in bad-faith claim practices under Florida law. As a result, the insurance companies should treat you fairly, and if they don’t, this may entitle you to additional damages.
• The Right to Hire a Florida Car Accident Attorney to Represent You – While the insurance companies have an obligation to handle your claim in good faith, this does not mean that they have to calculate your losses and voluntarily pay the full compensation you deserve. As a result, it is important to have experienced legal representation, and you have the right to hire a Florida car accident attorney to represent you.

Most law firms in Florida (including ours) handle car accident claims on a contingency-fee basis. This means that it costs nothing out-of-pocket to hire an attorney to represent you. If you are facing the consequences of someone else’s decision to speed, hiring an experienced attorney is one of the most important steps you can take to maximize your chances of a full financial recovery.

Get Advice from an Experienced Florida Car Accident Attorney for Free

Were you or a loved one involved in an accident caused by a speeding driver in Florida? If so, we strongly encourage you to contact us for a free, no-obligation consultation about your legal rights. To speak with an experienced Florida car accident attorney at Searcy Denney as soon as possible, please call 800-780-8607 or tell us how we can reach you online today.