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Not only does speeding result in tickets, but it makes the roads increasingly dangerous for other drivers. California car accident statistics report that 147,292 total car accidents occurred in California in 2020. The National Highway Traffic Safety Administration estimates that in 2020 alone, speeding-related fatalities increased by 11%. With speeding on the rise, it’s essential to understand how to prove speeding in a car accident. Due to the difficulty of proving speeding after a car has stopped, personal injury law firms can help improve the chances of receiving compensation.
How to Prove Speeding in a Car Accident
After consulting with a personal injury lawyer, the lawyer will first gather all the evidence and information surrounding a case. The evidence will help prove which party is at fault for the accident and determine the extent of any injuries. In the case of a car accident, an attorney will look for the following evidence:
- Track down witnesses to get witness statements
- Obtain photos of physical evidence such as property damage, road debris and skid marks
- Obtain any surveillance or dashcam footage
- Request police reports and other official government reports
- Collect medical treatment reports and bills
Collectively, this information can help determine the party at fault for the accident and prove whether a vehicle was speeding. If there is enough evidence, the personal injury attorney will negotiate with the insurance company.
Negotiating With Insurance Companies
After gathering evidence, communications between the personal injury lawyer vs insurance company begin. First, an attorney will thoroughly review the insurance policy details to ensure that the client receives the maximum compensation based on their unique case. After consulting the policy, they will send a demand letter that states the accident facts and the amount of damages the client is seeking for the accident.
The insurance company may respond with a settlement offer. Often, this is not the first offer they will send. An attorney will review the offer with the client and determine how to respond and when to accept. If the insurance company refuses or fails to deliver a fair settlement offer, the attorney will prepare a complaint against the defendant. The complaint begins the lawsuit and details why the defendant is responsible for the accident and the amount of damages the client seeks.
Next Steps in a Personal Injury Case
More often than not, most personal injury cases do not go to court. Settlements are often reached and can be accepted at any point during the trial. At trial, the attorney will represent the client and take care of all aspects of the litigation process. After winning a trial or achieving a settlement, the attorney will reach out to the defendant’s insurance company to collect the payment.
Figuring out how to prove speeding in a car accident requires expert assistance. A personal injury lawyer handles all work necessary to gather evidence and receive compensation from the at-fault party’s insurance company. If you or a loved one need a Riverside auto accident lawyer, schedule a free consultation with Avrek Law. We offer no win no fee legal services and you’ll get advice from a law firm with more than $1 billion recovered in more than 45,000 cases.