How to Prove the At-Fault Driver Was Speeding in Your Accident Injury Case

Key Points:

  • Despite best efforts from Georgia lawmakers to reduce speeding, it remains a serious issue that leads to crashes and even fatalities every year.
  • There are several ways to prove that an at-fault driver was speeding at the time of a car accident in which you or a loved one was injured.
  • A car accident attorney can help you collect the required evidence to demonstrate that the at-fault driver’s speeding caused the crash.
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Speeding is a dangerous driving behavior that too often results in motor vehicle accidents that cause injuries, from minor to extremely severe. And unfortunately, the old saying “Speed kills” can sometimes also be true. In fact, according to the National Highway Traffic Safety Administration (NHTSA), for more than two decades, speeding has resulted in

Georgia lawmakers have taken a strong stand against excessive speed on state highways. The state’s maximum speed limits for cars and trucks are 55 mph on urban interstates, 70 mph on rural interstates, and 65 mph on other limited-access roads.

Georgia’s “Super Speeder Law” adds $200 to fines imposed on drivers convicted of speeding at a rate that exceeds 75 mph on any two-lane road or faster than 85 mph on a multiple-lane road anywhere in the state.

Still, Georgia drivers continue to choose to speed.

How can you prove that another driver was speeding?

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It’s not uncommon for at-fault drivers to deny that they were speeding to try and avoid blame for an accident. An insurance adjuster may also try to fault you or your family member for failing to evade the crash.

So, how do you prove that the at-fault driver was speeding?

Certain pieces of evidence can help verify the speed of the driver and prove that it was a cause of the collision.

Here are several ways to establish that an at-fault driver was, in fact, speeding immediately before an accident:

Data from onboard electronic devices: Most moderns cars come equipped with electronic devices that record at all times while a vehicle is in operation. This data can help prove that the other driver was speeding at the time of the collision.

After a severe crash, it may be wise to ask the other driver and their insurance company or lawyer to preserve the data recorded by a vehicle’s electronic data recorder (EDR), often known as the “black box.” Downloading black box data is usually accomplished using special tools from the car’s diagnostic link detector (DLC).

Data that is frequently contained in the EDR includes speed before and at the time of impact, whether the driver hit the brakes, accelerator and brake pedal use, steering input, and even seat belt use. This can be valuable information that can help prove your case.

Note that as of 2019, some states have enacted laws prohibiting (with certain exceptions) the download of data from EDRs without the permission of the vehicle owner.

Onboard video from dash cameras: Some drivers use dashcam recorders that may show the speed of the vehicle at the time of the crash. This is still somewhat rare with private individuals, but more and more commercial vehicles and trucking companies are using dash cameras.

After a crash with a commercial vehicle or a private person you suspect was using a dash camera recorder, it may be a good idea to send a request to the at-fault driver and their insurance company to preserve any video recordings.

GPS data: There have been some reports around the country about efforts to use GPS data to defend speeding tickets. While GPS data may not directly prove speeding, if a GPS data logger shows that a driver could not have driven between two cities or waypoints without exceeding the speed limit, this could be evidence of speeding.

Eyewitnesses: The Georgia Court of Appeals in Brown v. Dekalb County recently ruled that a lay witness may not give an opinion about speed based solely on the However, it has long been the rule in Georgia that an eyewitness can give an opinion that a car or truck was speeding, provided a proper foundation is laid.

For example, in Rentz v. Collins, the Court held that because the speed estimate was based on the witness’ familiarity with the speed of vehicles when moving, and given the way his car was dragged, he was allowed to provide an opinion that the defendant was speeding.

If the other driver was speeding, does it matter in a car accident case? 

Speeding is a contributing factor to many car accidents. However, just because one driver was speeding does not necessarily mean it was the cause of a collision. For example, if a driver is trying to make a left turn across oncoming traffic, they are generally required to yield to the traffic. In this case, even if the other driver was speeding, the turning driver may be found to be at fault for the accident. However, excessive speeding can sometimes be classified as an aggravating circumstance, which may increase the value of your personal injury claim if that driver was ticketed for excessive speeding.  

What if the other driver was only going a “reasonable” speed above the speed limit (with the flow of traffic), say like 55-60 mph in a 45-limit zone or 70-75 mph in a 65, does that influence the case? 

Unfortunately, most drivers do not adhere to the speed limits and tend to drive within 5-10 miles per hour above the posted speed limit. If the police report reflects such information, this can be used to bolster the assertion that the other driver was negligent in their violation of law, and this negligent act caused the collision.  

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Compensation for Georgia Speeding Accident Victims

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According to Georgia law, the party that causes a car accident has to bear the costs that arise from the crash. This includes payments for medical expenses, property damage, and lost income of those injured. Damages for pain and suffering and, in fatalities damages to the deceased’s survivors for wrongful death, may also be recoverable.

If you or a loved one has recently been hit by a speeding driver, it’s important to remember that insurance firms exist to make a profit. Therefore, it is likely that they will try to deny or make low-ball offers to settle claims and save money.

An experienced attorney, such as those at The Millar Law Firm, can help you obtain the compensation you deserve by negotiating with the insurance carrier or pursuing a personal injury or wrongful death lawsuit on your behalf.

How The Millar Law Firm can help you today

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Don’t let the at-fault driver’s insurance company minimize your injury case. Our accident reconstruction experts can help obtain the data necessary to recreate what happened and prove that the driver who hit you was speeding.

When a speeding driver causes a car accident, they may be liable to the victim(s) for all harms — medical and financial — drivers or passengers suffered because of that driver’s decisions.

The Atlanta speeding accident lawyers at The Millar Law Firm stand up for those who have been injured through no fault of their own in Georgia car accidents.

If you’ve been hurt in an accident caused by a driver who exceeded the speed limit, contact us today through our online contact form or at 700-400-0000 to learn more about how we can help you. We can provide you with a free initial consultation to help you understand your options.


Speeding is a major cause of accidents that often result in injuries or even death. There are several ways to prove the at-fault driver was speeding, including the car’s “black box” data, dash cameras, GPS data, and eyewitnesses. If you or a loved one has been injured in an accident caused by a speeder, a personal injury lawyer can help you obtain the necessary information to prove the other driver was speeding and get you the compensation you deserve.

- D. Lo
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