I was speeding and got hurt in a wreck. Can I still win my personal injury case?
Thom Diaz, Rainwater, Holt & Sexton Attorney:
Yes. Just because you were speeding and got hurt in wreck, it does not automatically mean you have no chance of winning your case. At Rainwater, Holt & Sexton we have experience in working cases with speeding drivers.
Most states, like Arkansas, have adopted a comparative fault standard, where a jury hears the evidence and then compares each party’s fault. If an injured party’s fault is equal to, or greater than, a party he or she is suing, the laws of the state may completely bar recovery. However, if the injured party’s fault is less than the party he or she is suing, they can recover damages, but they are reduced by their respective percentage of fault.
So, if an injured person is speeding before a wreck, but the defendant driver pulled out in front of him, then the jury will compare their fault. If a jury finds the defendant driver was 75% negligent and the injured plaintiff driver was only 25% negligent (due to speeding), the injured party will recover for their damages, after they have been reduced by 25%. Stated another way, the injured plaintiff driver will only recover 75% of their total damages, but they do recover.
As you can see, there are a lot of “ifs” involved in determining how speeding affects your car accident case. Call an experienced personal injury attorney at Rainwater, Holt, & Sexton to help you sort it all those “ifs” out.