Legal Talk: Does Speed Matter in Car Crash Fault – Guest Post

Last week I’m talking to this Los Angeles Car Accident lawyer about a case. Guy gets T-boned at an intersection, the other driver ran a clear red light. Should be simple, right? But here’s the kicker, my guy was doing 50 in a 35 zone when it happened. Now suddenly it’s not so clear who’s at fault anymore.

Speed changes everything in car accident cases. Even when you’re not the one who caused the crash.

Most people think speed only matters if you rear-end someone or lose control of your car. Wrong. Insurance companies will use your speed against you in almost any type of accident, even when the other guy clearly screwed up.

Here’s what you need to know about how speed affects fault determination, and why going even a little too fast can cost you big money.

The Speed Trap

Insurance adjusters love speed violations. Doesn’t matter if you were going 5 over or 25 over – they’ll use it to shift blame onto you. “Well, if you hadn’t been speeding, you could have avoided the accident.”

This is especially brutal in intersection crashes. Another driver runs a red light and hits you? It should be their fault, period. But if you were speeding, suddenly you’re partially to blame for not being able to stop in time or for “excessive impact speed.”

The math they use is bogus half the time. They’ll bring in accident reconstruction experts who claim that if you’d been going the speed limit, you would have stopped 50 feet sooner. Never mind that the other guy ran a red light – now you’re 30% at fault for speeding.

Police reports make this worse. Cops love writing speeding tickets at accident scenes. Easy money for the city, and it gives them something concrete to put in their report. That speeding ticket becomes evidence of negligence in your insurance claim.

When Speed Actually Matters

Sometimes speed really does matter for fault. Rear-end collisions are the obvious one. If you plow into someone from behind because you were going too fast to stop, that’s on you. Speed limits exist for a reason.

School zones and residential areas are death traps for speeders. Hit someone in a school zone while speeding? You’re screwed, even if they walked out into traffic without looking. The law assumes you should be going slow enough to react to anything.

Construction zones double or triple the penalties. Most states treat speeding in work zones as automatic reckless driving. Get in an accident while speeding through construction? Good luck convincing anyone you’re not at fault.

Weather conditions matter too. Posted speed limit is 55, but it’s raining hard? You’re supposed to drive slower than the limit. Insurance companies will argue that doing the speed limit in bad weather is essentially speeding for the conditions.

The 15 MPH Rule

Here’s something most people don’t know. Insurance companies have an unofficial rule about speed. If you’re more than 15 mph over the posted limit when an accident happens, they automatically assign you partial fault. Doesn’t matter what else happened.

This isn’t written down anywhere, but I’ve seen it play out hundreds of times. 5-10 over? They might ignore it. 15+ over? Now you’re a “reckless driver” who contributed to the crash.

The really crazy part is how they calculate impact speed vs. travel speed. You might have been going 50 in a 35, but if you hit the brakes before impact, your “crash speed” might only be 40. Insurance companies will still use that 50 mph number to assign fault.

Fighting Speed-Related Fault

Challenging speed estimates is possible, but expensive. You need accident reconstruction experts, skid mark analysis, sometimes even computer simulations. For a minor fender-bender, it’s not worth the cost.

Police radar isn’t always accurate. Equipment malfunctions, operator error, weather interference – lots of ways radar readings can be wrong. But proving it requires expert testimony that costs more than most settlements.

Witness testimony about speed is usually worthless. Studies show people are terrible at estimating vehicle speeds. That witness who swears you were “flying” might think 40 mph looks like 60 mph.

The best defense is often attacking the relevance of speed. Okay, so you were speeding. But would it have mattered? If someone T-bones you after running a red light, your speed might not have changed the outcome at all.

Speed Limits vs. Safe Speeds

Posted speed limits aren’t always the “safe” speed according to insurance companies. Busy parking lot posted at 15 mph? They’ll argue that 10 mph is more reasonable given the foot traffic.

Residential streets without posted limits default to 25 mph in most places. But if kids are playing or there’s a block party, insurance adjusters will claim even 25 mph was too fast for conditions.

Highway speed limits get complicated with traffic flow. Everyone’s doing 80 in a 65 zone? You might think you’re fine going with traffic. But legally, you’re still speeding if an accident happens.

The “reasonable and prudent” standard means you’re supposed to drive slower than the limit if conditions require it. Fog, rain, heavy traffic, construction – all reasons why the speed limit might be “too fast” legally.

The Economics of Speed

Speed affects settlement amounts more than most people realize. Insurance companies have algorithms that automatically reduce settlements based on excess speed. 10 mph over might cost you 20% of your settlement. 20 mph over could cut it in half.

Your own insurance rates will definitely go up if you get a speeding ticket from an accident. Even if the other guy was mostly at fault, that speeding ticket stays on your record for 3-5 years depending on your state.

Legal costs multiply when speed is involved. Simple rear-end collision? Might settle for $5,000 without lawyers. Same accident with a speeding ticket? Now you need expert witnesses, accident reconstruction, maybe even a trial. Costs can hit $50,000 easily.

The really frustrating part is that speed often has nothing to do with fault, but everything to do with money. You could be 99% innocent, but that speeding ticket gives insurance companies an excuse to cut your settlement and raise your rates.

What Insurance Companies Don’t Tell You

Speed estimates from accident scenes are often wrong. Cops eyeball skid marks and guess. Witnesses make terrible speed estimates. Even the drivers involved usually don’t remember accurately.

Black box data from newer cars is more accurate, but most people don’t know their car records speed data. Insurance companies will download this information and use it against you if it shows speeding.

Traffic engineers design roads for speeds higher than posted limits. That 35 mph residential street? It’s probably safe to drive 45 mph based on the road design. But legally, you’re still speeding.

Posted limits are often set for revenue generation, not safety. Small towns especially use artificially low speed limits as speed traps. Getting ticketed for going 40 in a 25 that should be a 35 doesn’t make you a reckless driver, but insurance companies don’t care.

Defending Yourself

Simple rule: never admit to speeding at an accident scene. Don’t say “I was only going a little over the limit.” Don’t estimate your speed for the cop. Say you don’t remember or weren’t watching your speedometer.

If you get a speeding ticket from an accident, fight it. Even if you lose, showing you contested it demonstrates you didn’t just accept guilt. Some insurance companies reduce the impact on your rates if you fought the ticket.

Consider speed monitoring apps or devices. Some insurance companies offer discounts for “good driver” monitoring. If you can show a pattern of safe driving speeds, it might help offset an isolated speeding incident.

GPS data from your phone can sometimes contradict police speed estimates. Most people don’t know their phone tracks speed and location continuously. This data can be subpoenaed to challenge speed claims.

The Reality Check

Speed doesn’t cause most accidents, but it makes them worse. A 5 mph fender-bender becomes a 15 mph injury crash when someone’s speeding. More damage, more injuries, more fault assigned to the speeder.

Insurance companies know this, and they use it ruthlessly. They’ll assign fault based on speed even when it had nothing to do with causing the accident. It’s not fair, but it’s legal.

The safest approach is driving at or slightly below speed limits, especially in high-risk areas. School zones, construction zones, busy intersections – these are where speed kills your bank account even more than your safety.

Fighting speed-related fault assignments is expensive and often unsuccessful. Better to avoid the problem by keeping your speed reasonable in the first place. Your wallet and your insurance rates will thank you later.