Negligence Per Se and Speed-Related Violations
Traffic law violations can establish "negligence per se"—automatic negligence without needing additional proof of carelessness. For speeding cases, this doctrine is powerful:
How It Works: When a driver violates a safety statute (like speed limits) and that violation causes injury, negligence is presumed. The plaintiff doesn't need to prove the driver failed to exercise reasonable care—the violation itself establishes the breach of duty.
Speed Limits: Exceeding posted speed limits is a per se violation in most states. Some states also have "basic speed laws" requiring drivers to travel at speeds reasonable for conditions—meaning even driving at the posted limit can be negligent in bad weather or heavy traffic.
Reckless Driving Statutes: Most states have laws against reckless driving, defined as willful disregard for safety. Violations establish negligence per se and often support punitive damages.
Racing Statutes: Street racing is illegal everywhere. These violations almost always support negligence per se findings and frequently lead to punitive damage awards.
Still Must Prove Causation: Even with negligence per se, you must show the violation caused your injuries. If the driver was speeding but you ran a red light, the speeding may not be the proximate cause of the crash.
How It Works: When a driver violates a safety statute (like speed limits) and that violation causes injury, negligence is presumed. The plaintiff doesn't need to prove the driver failed to exercise reasonable care—the violation itself establishes the breach of duty.
Speed Limits: Exceeding posted speed limits is a per se violation in most states. Some states also have "basic speed laws" requiring drivers to travel at speeds reasonable for conditions—meaning even driving at the posted limit can be negligent in bad weather or heavy traffic.
Reckless Driving Statutes: Most states have laws against reckless driving, defined as willful disregard for safety. Violations establish negligence per se and often support punitive damages.
Racing Statutes: Street racing is illegal everywhere. These violations almost always support negligence per se findings and frequently lead to punitive damage awards.
Still Must Prove Causation: Even with negligence per se, you must show the violation caused your injuries. If the driver was speeding but you ran a red light, the speeding may not be the proximate cause of the crash.
Punitive Damages for Reckless Driving
Unlike most car accident cases, speeding and reckless driving cases often qualify for punitive damages—additional money beyond compensating your losses, meant to punish the defendant and deter similar conduct.
When Punitive Damages Apply: Courts award punitive damages for conduct that goes beyond ordinary negligence to "willful and wanton" disregard for safety. Factors supporting punitive awards include:
- Extreme speeding (30+ mph over limits)
- Street racing on public roads
- Road rage and intentional aggression
- DUI combined with speeding
- Fleeing from police
- Prior speeding or reckless driving history
- Driving recklessly with passengers, especially children
- Commercial drivers violating safety regulations
Proving Punitive Damages: The standard of proof is typically "clear and convincing evidence"—higher than the preponderance standard for compensatory damages. We gather comprehensive evidence to meet this threshold.
Damage Caps: Many states limit punitive damages to multiples of compensatory damages (like 3x or 4x) or set dollar caps. Some states allow punitive damages only for specific conduct. Our attorneys know the rules in your state.
Strategic Importance: Even when punitive damages aren't awarded at trial, the possibility of punitive exposure often motivates defendants and insurers to settle for higher amounts.
When Punitive Damages Apply: Courts award punitive damages for conduct that goes beyond ordinary negligence to "willful and wanton" disregard for safety. Factors supporting punitive awards include:
- Extreme speeding (30+ mph over limits)
- Street racing on public roads
- Road rage and intentional aggression
- DUI combined with speeding
- Fleeing from police
- Prior speeding or reckless driving history
- Driving recklessly with passengers, especially children
- Commercial drivers violating safety regulations
Proving Punitive Damages: The standard of proof is typically "clear and convincing evidence"—higher than the preponderance standard for compensatory damages. We gather comprehensive evidence to meet this threshold.
Damage Caps: Many states limit punitive damages to multiples of compensatory damages (like 3x or 4x) or set dollar caps. Some states allow punitive damages only for specific conduct. Our attorneys know the rules in your state.
Strategic Importance: Even when punitive damages aren't awarded at trial, the possibility of punitive exposure often motivates defendants and insurers to settle for higher amounts.
Comparative Negligence in Speeding Cases
What if you were also going over the speed limit when the accident happened? Many victims worry this will bar recovery. In most states, it won't.
Pure Comparative Negligence: States like California, New York, and Florida (pre-2023) allow recovery even if you're partially at fault. Your damages are reduced by your percentage of fault. If you were 20% at fault and suffered $100,000 in damages, you recover $80,000.
Modified Comparative Negligence: Most states bar recovery if you're 50% or 51% at fault. But proving the other driver was speeding significantly—say, 95 mph vs. your 70 mph—typically means their fault far exceeds yours.
How Speed Differences Affect Fault: Courts and juries look at proportionate responsibility. Going 5 mph over the limit while another driver goes 40 mph over creates vastly different fault allocations. The more egregious the other driver's speeding, the less your minor speeding matters.
Defense Tactics: Insurance companies routinely try to shift blame to victims. They'll look for any evidence you were speeding, distracted, or otherwise contributed to the crash. We anticipate these arguments and build evidence to counter them.
Evidence Preservation: We document everything about the other driver's speed and reckless behavior. The more evidence of their egregious conduct, the less relevant any minor fault on your part becomes.
Pure Comparative Negligence: States like California, New York, and Florida (pre-2023) allow recovery even if you're partially at fault. Your damages are reduced by your percentage of fault. If you were 20% at fault and suffered $100,000 in damages, you recover $80,000.
Modified Comparative Negligence: Most states bar recovery if you're 50% or 51% at fault. But proving the other driver was speeding significantly—say, 95 mph vs. your 70 mph—typically means their fault far exceeds yours.
How Speed Differences Affect Fault: Courts and juries look at proportionate responsibility. Going 5 mph over the limit while another driver goes 40 mph over creates vastly different fault allocations. The more egregious the other driver's speeding, the less your minor speeding matters.
Defense Tactics: Insurance companies routinely try to shift blame to victims. They'll look for any evidence you were speeding, distracted, or otherwise contributed to the crash. We anticipate these arguments and build evidence to counter them.
Evidence Preservation: We document everything about the other driver's speed and reckless behavior. The more evidence of their egregious conduct, the less relevant any minor fault on your part becomes.