Davie, FL, Accident Attorney
According to the National Highway Traffic Safety Administration (NHTSA) there were 2,558 fatal motor vehicle accidents in Florida in 2009. Of those fatal crashes, 535 involved speeding. Driving at an unsafe speed can constitute negligence in an auto accident lawsuit, and in some cases may be considered intentional wrongdoing entitling you to punitive damages. If you have been injured in an accident involving speeding, please talk to a Davie, FL, accident attorney of Fenster & Cohen, P.A. today.
Speeding as Negligence
Drivers have a duty to use a reasonable amount of care, to avoid hurting other people including other drivers, pedestrians, and their own passengers. Failure to use normal care is negligence. In a personal injury lawsuit, you need only prove negligence in order to receive compensation for your injuries. Driving above the posted speed limit, or driving too fast for the conditions even within the legal speed limit, is generally considered negligence.
Punitive damages are rarely awarded in auto accident cases. Punitive damages are meant to punish the responsible party. You must be able to prove intentional misconduct. In some cases, speeding can be considered intentional misconduct. Extremely high rates of speed, speeding through known pedestrian areas, or simply riving way too fast for hazardous conditions, may constitute intentional misconduct.
If You Were Speeding
Most auto accidents have more than one contributing factor. If you were speeding when your accident occurred, you may still have a case. It really depends on how fast you were driving and the other factors involved. Under contributory negligence, in Florida, you can receive compensation even if your actions contributed to your injuries, but your compensation is reduced by your percentage of fault.
If you or a loved one has been injured or killed in a motor vehicle accident, please call Davie, FL, accident attorneys Fenster & Cohen, P.A. by calling (954) 473-1500 or contact us online. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.