Speeding is a common cause of motor vehicle accidents. Evidence that a driver was speeding can help show they were careless and negligent, which is an important step in getting compensation for your injuries.
You can prove a driver was speeding with several types of evidence. The more objective the evidence is, the more reliable it may be and the more weight it may have.
Speed as a Contributing Factor in Car Accidents
Speeding1 is the top contributing factor in auto accidents in Texas, according to the Texas Department of Transportation (TxDOT).
Speeding does not only mean driving over the posted speed limit. Most fatal and serious injury accidents happen when drivers go too fast for the road or traffic conditions,2 even if they are below the speed limit.
Of the 26,829 motor vehicle crashes in 2024 where speed was a contributing factor, only 9% of drivers were over the posted speed limit.
Evidence that Indicates a Driver Was Speeding
Different types of evidence can show that a driver was speeding during an accident. More objective evidence is usually given more weight as proof. When objective evidence is limited, more evidence may be needed to prove the driver was speeding.
Evidence at the Accident Scene
The accident scene can show how fast a driver was going, which is why photos and measurements are important. Experts can use the length of skid marks to estimate a vehicle’s speed when the driver applied the brakes.
Experts can also study vehicle damage to estimate speed at impact. The crash debris field can provide more clues, with longer debris fields often showing higher speeds.
Digital and Electronic Evidence
Most vehicles made in the last 10 years must have an event data recorder (EDR). An EDR records information about vehicle speed and driver actions just before a crash. Known as a vehicle’s black box, this data can provide strong evidence that is hard to dispute.
Surveillance footage from dash cams or nearby security cameras may also help establish vehicle speeds. Cell phone apps may also track and record vehicle speed.
Police Report and Expert Opinions
A police report often includes the officer’s findings about what caused the accident. If a driver gets a speeding ticket, this can be strong evidence that the driver was speeding. The officer may also record details from the scene that experts can use to support their opinions about the driver’s speed.
Witness Testimony
Witness statements about a vehicle’s speed are subjective and may not carry much weight. However, they can still help when combined with other evidence.
How Much Evidence Is Enough to Prove a Driver Was Speeding?
The standard of proof in a Texas personal injury claim is a “preponderance of the evidence.”3 This means the party with the more convincing evidence may determine what is accepted as true.
For example, skid marks and a witness saying a car was “going really fast” may not be enough to prove speeding. But a speeding ticket or EDR data showing excessive speed can make the evidence much stronger.
Strong evidence can make a personal injury case easier to prove, but using that evidence the right way also matters. The personal injury attorneys at Farah Law have recovered millions for clients injured by careless drivers. Don’t settle for less. Call Farah Law for a free consultation.
Sources:
1 https://www.txdot.gov/about/newsroom/statewide/2023/speed-remains-top-contributing-factor-in-texas-crashes.html
2 https://www.txdot.gov/content/dam/docs/division/trf/crash-records/2024/29.pdf
3 https://www.law.cornell.edu/wex/preponderance_of_the_evidence
