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Can I Be Held Liable in an Accident if I Was Speeding?

Home  >  Blog  >  Can I Be Held Liable in an Accident if I Was Speeding?

March 25, 2025 | By Gerald A. Rosenthal
Can I Be Held Liable in an Accident if I Was Speeding?

On Behalf of Rosenthal, Levy, Simon & Sosa | March 25, 2025 | Car Accidents

Each year, speeding takes the lives of over 12,000 people. A motorist that is speeding is behaving negligently. However, the insurance company will rely on police reports, eyewitness statements, and video footage to prove how your speeding contributed to the collision. If your speeding directly resulted in the accident, you may be held responsible if anyone was injured. In this blog, our West Palm Beach car accident lawyers discuss the implications that speeding has on your accident claim.

Speeding Laws in West Palm Beach

Florida motor vehicle law requires that an individual not drive faster than is “reasonable and prudent under the conditions.” Fla. Stat. §316.183 sets the following speed limits:

  • Maximum of 20 or 25 miles on local streets and residential districts (as set by the county or municipality)
  • Maximum of 30 miles per hour in business or residential districts
  • Maximum of 55 miles per hour for all other locations
  • Minimum of 40 miles per hour on highways and interstates with at least four lanes, with a minimum of 50 miles per hour when the maximum speed limit is 70 miles per hour

Evidence to Prove Liability in Speed-Related Crashes

Traveling faster than the posted speed limit is one of the most common causes of car accidents, with data showing that speeding contributes to roughly 29% of all traffic crashes. In speeding, you are violating traffic laws and placing others’ safety at risk, increasing the likelihood that you will be held liable for an accident. In determining what role your speeding contributed to your accident, a claims adjuster will most likely consult the following:

The Police Report

Fla. Stat. §316.065 requires that you call the police following an accident if anyone was injured or if there is more than $500 in property damage. The officer who arrives on the scene will take down the full names of all drivers involved, the make/model/year of each vehicle involved, a description of how the accident occurred, the degree to which each person is injured, and the extent to which each vehicle is damaged. The police officer will also assess who they believe caused the crash. A police officer will also interview any eyewitnesses, so if you were speeding, it is bound to be included in the traffic crash report.

Eyewitness Statements

Whether it be a bystander or another vehicle occupant, eyewitness statements provide a first-person account of how an accident unfolded. While a passenger in another vehicle may state you were speeding to pin liability on you, law enforcement will give greater consideration to an impartial party’s testimony. For instance, if a bystander states that you were traveling faster than the posted speed limit or if multiple bystanders state you were speeding, then it is likely that your driving speed will be examined thoroughly. 

Video Footage

Video surveillance may be retrieved from dashcams, doorbell cameras, or from a cell phone. If your vehicle was caught on camera, then there will be little you can do to deny that you were violating the speed limit. While generally admissible as evidence in insurance claims and in court, the footage must meet certain standards.

The Impact of Speeding on Compensation

If speeding is found to be the primary cause of your accident, you may be found partially at fault, drastically reducing your compensation. If your speeding was deemed excessive, then you may be forced to pay punitive damages. Punitive damages are designed to deter others from similar behavior and to make your actions a deterrent to the rest of society. In some cases, you may even face criminal charges.

When you retain the legal services of Rosenthal, Levy, Simon & Sosa, you will have someone advocating for adequate compensation on your behalf. When speeding is considered a factor in accident cases, it restructures the entire trajectory of your case, making it difficult to recover for your own medical expenses and lost income. The insurance company always aims to pay as little as possible on each claim, but our legal team is dedicated to gathering the necessary information to negate your liability. We will keep you informed throughout the entire claims process and notify you of any developments along the way.

Speak with Our West Palm Beach Car Accident Lawyers Today

If you or a loved one have been injured in an accident in which speeding was involved, our West Palm Beach car accident attorneys would like to hear from you. Our team of knowledgeable attorneys have represented clients in a variety of situations, with great success. To find out what we can do for you, contact us online or by phone at your earliest convenience.

Gerald A. Rosenthal Author Image

Gerald A. Rosenthal

Retired

Since opening the firm now known as Rosenthal, Levy, Simon & Sosa more than 40 years ago, Gerald A. Rosenthal has been a dedicated champion of the everyday hero – police officers, firefighters, teachers, nurses, construction workers, farm workers, and more. Passionate about preserving the civil rights of laborers, he has fought tirelessly against giant insurance companies who deny the injured workers their benefits. It’s not just the lawsuit Rosenthal fights to win – he is driven by the opportunity to restore his client’s quality of life.

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