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

Key Points:

• Rear-end accidents, failure to maintain lane, crossing the center line and T-bone accidents, are often caused because someone is speeding.
• Atlanta highways have cars traveling at excessive speeds almost all of the time. Georgia lawmakers have worked hard to reduce these accidents.
• If the at-fault driver was speeding at the time of the accident, this can be an important factor in determining liability and could even result in an award of punitive damages if the driving was reckless.
• There are several ways to prove that an at-fault driver was speeding during a car accident.
• A car accident attorney can help you collect the required evidence to demonstrate that the at-fault driver’s speeding caused the crash.

If injured by a fast-moving vehicle, a relevant legal question is often, “was the at-fault driver going over the speed limit?” If so, by how much? This Georgia Legal Guide will explain some of the common evidence that can be used to prove that the at-fault driver was speeding when he or she caused a motor vehicle accident.

Table of Contents

What It Means if a Driver Was Speeding

A Traffic Ticket With an Additional Fine

• Under Georgia’s Super Speeder Law, drivers convicted of speeding:
  • Over 75 mph on any two-lane road, or
  • Over 85 mph on multi-lane highways
• Are subject to an additional $200 fine on top of the base ticket.

Still, many Georgia drivers continue to speed despite these penalties.

A Possible Reckless Driving Charge

• If a driver is going over 100 mph, the offense may be upgraded to reckless driving.
• Reckless driving can lead to:
  • The possibility of punitive damages
  • Higher settlement values due to the severity
• Accidents at such high speeds often involve catastrophic or fatal injuries, which already result in high payouts.

Legal Effects of Speeding in a Georgia Car Accident

• Speeding is often a factor in determining fault in a car accident, especially if speed caused or contributed to the crash.
• Important nuance: Speeding alone does not always mean fault. However in Georgia, because of comparative negligence laws, speeding at that time of the accident can result in you being liable for some of the car accident, if the other driver happened to cause the accident.
  • Example: A car speeding through a green light might be hit by someone running a red light. The red-light runner could still be more at fault.
• Speeding is often linked to:
  • Rear-end collisions
  • T-bone crashes, especially when another driver is pulling out
• Speeding drivers usually face increased insurance premiums after an accident.

How Lawyers in Atlanta Prove Speeding in Car Accident Cases

Challenges:

• Speeding drivers often won’t admit their speed.
• People may genuinely not know how fast they were going.
• Human observation alone isn’t reliable for proving exact speed.

Evidence That Can Be Used to Prove Speeding

1. Onboard Electronic Data (Black Box)

• Most modern vehicles include Electronic Data Recorders (EDRs).
• EDRs can show:
  • Speed at and before impact
  • Use of brakes or accelerator
  • Steering behavior and seat belt use
• Data is downloaded via a diagnostic link connector (DLC).
• Important: Some states (as of 2019) require the vehicle owner’s permission to access this data.

2. Dash Camera Footage

• Dashcams can record speed at the moment of the crash.
• These are more common in commercial or rideshare vehicles (like Uber/Lyft).
• After a crash, request that any dashcam video be preserved immediately.

3. Nearby Business Video Footage

• Security cameras from nearby stores or buildings may capture the crash.
• Attorneys can often retrieve this footage if it shows:
  • Speed
  • Traffic signals
  • Point of impact
• This is some of the strongest evidence available.

4. GPS Data

• GPS logs can help estimate whether speeding was necessary to reach a location on time.
• Not always precise, but can support other evidence.

5. Eyewitness Testimony

• In Georgia, an eyewitness can testify that a vehicle was speeding, if:
  • They have sufficient experience observing vehicle speeds.
• Example case:
  • In Rentz v. Collins, a witness was allowed to testify that the defendant was speeding, based on how the car was dragged and his personal familiarity with vehicle speeds.

Compensation for Victims of Speed-Related Georgia Car Accidents

In the State of Georgia, generally speaking a driver who is at-fault in an accident through negligent, careless or reckless driving - such as speeding - may be held liable for the damages caused, which typically includes vehicle damage, medical bills, lost pay and compensation for pain and suffering. The at-fault driver's insurance company usually pays the damages settlement or verdict.

Georgia car, motorcycle and truck accident victims may be entitled to be compensated or reimbursed for:

• Medical bills
• Pain and suffering
• Lost work income
• Damage to their vehicle
• Major changes or impairments to daily life (lost enjoyment of life) or ability to work

Working with an experienced car accident lawyer can often result in recovering the full amount owed in a speeding-related accident case.