Did you know that speed is one of the leading causes of motor vehicle collisions in Chicago? Even driving a few miles per hour (MPH) over the posted speed limit can significantly increase the risk of a crash. A speeding driver can be held liable for an accident. At Kennedy Watkins LLC, we help injured car crash victims get justice and full financial compensation. Here, our Chicago auto accident lawyer provides a comprehensive guide to speeding crash claims in Illinois.
Speeding is One of the Leading Causes of Car Crashes
Speeding is one of the top reasons why serious car accidents happen. According to data cited by the National Highway Traffic Safety Administration (NHTSA), speed is a factor in “approximately one-third of all motor vehicle fatalities.” It is the most common traffic violation cited in car accident cases in Illinois. Notably, the Illinois Department of Transportation (IDOT) finds that speed was cited as a factor in 39 percent of deadly crashes in the state in 2022.
Speeding Makes a Crash Even More Likely to Result in Serious Injuries
Speeding increases the likelihood of a crash. It also makes any accident that does happen all the more likely to result in serious trauma. Indeed, the force of an impact grows exponentially with speed, resulting in more severe damage upon collision. Alarmingly, some of the car’s most important safety features—like seat belts and airbags—are less effective at high velocities, and the human body is less capable of withstanding the intense forces involved. By speeding, drivers endanger not only themselves but also passengers and pedestrians.
Most people underestimate just how much additional force comes from higher speeds. The severity of a car crash is heavily influenced by the speed at which a vehicle is traveling, due to fundamental principles of physics involving kinetic energy and force of impact. The science shows that:
- 30 mph vs. 20 mph: The kinetic energy at 30 mph is 2.25 times greater than at 20 mph.
- 40 mph vs. 30 mph: The kinetic energy at 40 mph is 1.78 times greater than at 30 mph.
- 40 mph vs. 20 mph: The kinetic energy at 40 mph is 4 times greater than at 20 mph.
- 60 mph vs. 40 mph: The kinetic energy at 60 mph is 2.25 times greater than at 40 mph.
- 60 mph vs. 30 mph: The kinetic energy at 60 mph is 4 times greater than at 30 mph.
An Overview of Speeding Accident Liability in Illinois
Were you involved in a crash where speed was a factor in Chicago? It is crucial that you have an understanding of how the claims process works under Illinois law. Here is an overview:
- Car Accident Liability is Based on Fault: In Illinois, liability for car accidents is primarily determined based on fault. The driver—or other party—whose negligent actions caused the accident is held responsible for the resulting damages. Establishing fault involves demonstrating that a driver failed to exercise reasonable care under the circumstances. Evidence such as police reports, witness statements, and traffic camera footage can all play a role. Every crash should be carefully investigated by an experienced Chicago attorney.
- Speeding is Negligence in Illinois: Speeding is against the law. By definition, it is considered a form of negligence under Illinois law. A driver who exceeds the posted speed limits breaches their duty to operate the vehicle safely and obey traffic regulations. If a speeding driver causes an accident, they are typically presumed to be negligent due to this violation. The presumption can make it easier for injured parties to establish liability and seek compensation for their losses if a speeding ticket is issued by law enforcement.
- A Modified Comparative Fault Standard Applies: Under Illinois law (735 I.L.C.S. § 5/2-1116), car crash claims are subject to a modified comparative fault legal standard. Under this standard, an injured party can recover damages only if they are less than 51% at fault for the accident. If they are partially responsible, their compensation is reduced by their percentage of fault. For example, imagine you suffered $100,000 in damages in a crash in Chicago. The other driver was speeding. However, you were also speeding. As they were speeding and made an unsafe lane change, they were assigned 80 percent fault. You are assigned 20 percent blame. Under Illinois law, you would be liable for 20 percent of your own damages ($20,000).
Recovering the Maximum Compensation After a Speed-Related Crash
In Illinois, injured victims have the right to seek financial compensation for the full value of their damages, including any intangible losses. How much is your speed-related car accident injury claim worth? The answer depends—in large part—on your ability to prove fault. Insurance companies cannot be trusted to step up and willingly offer you full and fair compensation. Our Chicago car accident lawyers can help you seek compensation for:
- Vehicle repairs;
- Emergency room care;
- Hospital bills;
- Other medical costs;
- Physical therapy;
- Loss of wages;
- Loss of earning power;
- Pain and suffering;
- Mental distress;
- Long-term disability; and
- Wrongful death.
Why Trust Our Chicago Auto Accident Lawyers
Hurt in a car accident caused by a speeding driver? You have the right to seek compensation for the full value of your damages. You do not have to take on insurance adjusters alone. At Kennedy Watkins LLC, our Chicago attorneys have a proven record of verdicts and settlements in complex cases. During a free consultation, our Chicago speeding crash lawyers will review your case, explain your options, and help you develop a comprehensive strategy to get the best possible outcome.
Contact Our Chicago Speeding Crash Lawyers for a Free Case Review
At Kennedy Watkins LLC, our Chicago car accident attorneys have the skills and experience to take on all types of speeding accident claims. If you were hurt in a speed-related collision, please do not hesitate to get in touch with us for your no cost, no obligation initial consultation. From our Chicago law office, we handle speeding accident injury claims throughout Northern Illinois.