How to Prove a Semi-Truck was Speeding at the Time of an Accident

Key Points:

• A truck’s size and weight make it much more difficult to maneuver and much harder to stop
• A truck’s larger size and heavier weight also increase the potential for damage as compared to a collision with a regular passenger vehicle
• Determining who’s at fault in a truck-related accident sometimes includes more than just the truck driver, but also the trucking company, the manufacturer, and others
• It can be very challenging to gather evidence to prove that a truck was speeding
• Trucking companies usually have experienced legal teams to defend against truck accidents and getting compensation can be difficult

Table of Contents

According to the Federal Motor Carrier Safety Administration (FMCSA), speeding 18-wheelers have become a major concern on Atlanta’s busy highways. The alarming trend is spurred by a dense flow of trucks, Atlanta’s relentless traffic jams, and intense pressure put on drivers to meet deadlines. Drivers of passenger cars that share the roads with these big rig trucks have to be careful. To stay safe, it’s important to recognize the danger of these speeding big rigs and keep a safe distance at all times.

Is it Even Possible for a Semi Truck to be Speeding?

Yes, despite their size and weight, semi-trucks can achieve high speeds even when loaded to their maximum weight of 80,000 pounds because of the powerful engines they’re equipped with. Although there are speed limits in place for safety, sometimes drivers ignore the rules and end up endangering both themselves and other drivers.

The risk of speeding is surprisingly high for massive semi-trucks. Their large size and limited maneuverability, which makes them harder to control at higher speeds, is especially dangerous during sudden maneuvers or emergencies. Additionally, the truck’s significant weight, regardless of whether they’re fully loaded or not, increases the distance they need to safely slow down or come to a complete stop. This is dangerous because speeding trucks might not be able to react quickly enough in urgent situations, and that often leads to an accident.

How Fast Can Big Rigs Really Travel?

Sporty cars that race at speeds over 100 miles per hour are generally lighter weight and can easily accelerate to such rapid rates. While big rig 18-wheeler trucks usually don’t even reach 90 miles per hour, because of their large size and extreme weights, even speeds over 70 miles per hour can be deadly – because with trucks, the danger isn’t necessarily going fast, it’s not being able to stop fast enough.

When these huge trucks collide with smaller vehicles, the consequences are often catastrophic. The easiest way to significantly reduce the risk of accidents and make it safer for everyone on the road is for trucks to simply drive at slower speeds… but that doesn’t always happen.

When talking about big rigs, also known as semi-trucks, there are two main speed categories:

• Top speed: Most semi-trucks are capable of reaching a top speed of somewhere between 70 mph and 80 mph, or even higher in some cases.
• Governed speed: A truck’s governed speed is a preset maximum speed that the truck can go, typically around 65 mph to 75 mph, and is set by the trucking company through a governor device. For safety and fuel economy reasons, the governed speed is usually set to be lower than the top speed.

While driver error is still the leading cause of truck-related accidents, speeding is usually one of those “errors” and also a very dangerous factor. Mistakes made at high speeds can be even more catastrophic, and speed contributes to roughly a quarter of all truck-related accidents.

What are Common Reasons Truckers Exceed the Speed Limits?

It’s not necessarily that the truck driver has a lead foot or a blatant disregard for safety. Unlike most passenger car drivers, truckers are on the job when they’re on the road and usually have reasons for their actions: they face strict deadlines, transport goods over long distances, spend tons of hours on the road, and their income often depends on timely deliveries. Understanding the pressure that truckers are under to perform can help explain why they might be speeding and provide crucial context in accident situations where speed is a factor.

Despite the obvious dangers of speeding, truck drivers may exceed speed limits because:

Time pressure from tight delivery schedules (or unexpected delays) can create a strong motivation to speed, especially when a driver’s employer pressures them to meet deadlines or avoid penalties.

Per-mile payment is how some drivers earn a living, so, when they’re paid by the mile, there’s incentive to drive faster and cover more ground to increase their earnings.

Fatigue is another big problem that can result in some truckers exceeding speed limits. Long hours, irregular sleep schedules, and the pressure to reach their destinations quickly can wear a driver out. Exhaustion is dangerous since it significantly hinders the driver’s reaction time and makes speeding even more risky.

Company culture can also play a role in why some truckers drive too fast. Trucking companies that prioritize speed and efficiency over safety can create an environment where the drivers feel like they’re being pressured to meet unrealistic expectations, even if it means risking someone getting hurt by the speed limit.

The trucking and transportation industry is working to address these issues that increase the likelihood of their drivers speeding through stricter regulations, improved working conditions for drivers, and the development of new technologies that help reduce speeding and prioritize safety.

Questions You Can Ask a Trucker to Identify if They Were Speeding

• Were you running late for a delivery?
• How do you get paid? By the mile, by the load, or by the hour?
• When were they expecting you to deliver?
• How fast do you believe you were going?
• What was the speed limit?
• Does your employer ever pressure you to be on time?

Do Semi-Trucks Have Different Speed Limits They Have to Obey?

In Georgia, semi-trucks generally follow the same speed limits as passenger vehicles on most roads.

• Rural Interstate Highways: Both cars and semi-trucks can travel at a maximum speed of 70 mph on these highways.
• Urban Interstate Highways and Divided Highways with Multiple Lanes: The speed limit drops to 65 mph for both vehicles on these roads.
• Other Roads: On undivided highways, state routes, and county roads, the maximum speed limit is typically 55 mph for both cars and semi-trucks.

These are the maximum speeds set by the state of Georgia for ideal conditions. Truck drivers should always prioritize safety and adjust their speed based on factors like road conditions, weather, and traffic. There might also be specific posted speed limits that differ from these on certain stretches of road, for example, in construction zones. Georgia does not have separate speed limits for trucks during nighttime hours.

Why is it Extremely Dangerous for an 18 Wheeler to be Speeding?

Because 18-wheeler trucks have their own set of physical characteristics, they are especially vulnerable to the dangers of speeding.

• Increased Stopping Distance: Due to their weight (often exceeding 80,000 lbs), semi-trucks require a significantly longer distance than cars to come to a complete stop. Speeding drastically increases this stopping distance and makes it much harder for the truck driver to avoid a collision if there’s a sudden hazard.

• Reduced Maneuverability: Semi-trucks have larger turning radiuses and are less maneuverable than cars, especially at high speeds. These characteristics make it difficult for big rigs to navigate curves, avoid obstacles, or react quickly to changing traffic conditions, and they all increase the risk of accidents happening.

• Rollover Risk: When a truck takes a sharp turn or makes a sudden maneuver at a high speed, it can cause the truck’s center of gravity to shift which creates a higher risk of rollovers. When a truck rolls over, it can be catastrophic and cause severe injuries or fatalities to the occupants of other vehicles.

• Tire Failure: Speeding significantly increases the risk of tire failure in commercial trucks since high speeds (and heavy loads) put greater stress on the tires, causing them to heat up more. Heat buildup weakens the tire and can lead to blowouts or tread separation, and these types of tire failures can cause the truck driver to lose control – the result is a potentially devastating accident for themselves and for other drivers on the road.

• Cargo Shifting: Truck drivers are usually careful to ensure that their cargo is secured, but it’s never completely immovable. When a truck speeds up, stops suddenly, or swerves, the cargo can experience significant inertia that causes it to shift violently within the trailer. The shift then causes the trailer to become unbalanced or even break loose from the cab, and that creates an extremely hazardous situation for other vehicles on the road.

• Driver Fatigue and Reduced Reaction Time: Speeding often overlaps with other dangerous behaviors, like driving for extended periods of time without taking a break to rest. This can lead to driver fatigue and slower reaction times, compounding all of the dangers into a situation even worse than it would have been if the driver had been more alert.

Due to their weight and size, accidents involving speeding semi-trucks are a terrifying threat on the road. Some catastrophic consequences for everyone near a speeding 18-wheeler include:

• Chain Reaction Crashes: A speeding semi-truck is much more likely to cause a large pileup than a car would be. A truck’s size and momentum can easily trigger a chain reaction and impact multiple vehicles to cause widespread damage.
• Severe Injuries and Fatalities: Due to the size and mass of the truck, the force of a collision with a speeding semi is much higher than with a collision with a car and can result in devastating injuries or even fatalities for the occupants of other vehicles involved in the accident.
• Infrastructure Damage: Speeding semi-trucks can cause significant damage to guardrails, bridges, and other roadside infrastructure when they’re involved in an accident because of their larger size, mass, and momentum.

For trucks running at high speeds, even securely fastened cargo becomes a major hazard and compounds the risk of something going wrong.

• Increased Risk of Loose Cargo: As speeds increase, so do the forces acting on the cargo. These forces put extra stress on the straps, ropes, or other restraints, and increase the chances of breakage or loosening, which then lets the cargo get dislodged and lead to other disastrous outcomes.

• Shifting Cargo and Secondary Accidents: When a speeding truck makes a sudden stop, swerve, or sharp turn at high speeds, it can still cause securely fastened cargo to shift violently in or on the trailer. The force of this shifting can overload or break the restraints that hold it in place, and the cargo can fly off and cause more problems such as:
  • Debris on the Road: When a speeding truck scatters debris, it creates a hazard for other vehicles that can cause flat tires, losses of control, or even secondary accidents as drivers have to swerve to avoid it.
  • Large and Heavy Objects: If large or heavy objects fall off a truck, they could severely damage other vehicles that they collide with, or even penetrate car windshields or roofs and lead to serious injuries or fatalities.

Speeding while driving a semi-truck is a gamble with devastating consequences for everyone involved!

Do Big Rigs Speed More Often Off of Major Highways?

Unfortunately, the specific data comparing instances of big rig trucks speeding on major highways versus other roads simply isn’t there so it’s hard to pinpoint where speeding is most common.

Major highways generally have the highest speed limits for trucks, and heavy traffic or congestion might also motivate drivers to speed to make up for lost time, all of which increases the chances for speeding to occur.

On unfamiliar or winding rural roads, truck drivers might be more cautious and less likely to speed as a result. But, because speed limits are generally lower on non-highway roads, actually exceeding them might happen more frequently, even though the overall speed is lower. Additionally, the presence of law enforcement might be lower on rural roads, creating a perception that it’s less risky for truck drivers to speed since they probably won’t get caught.

Regardless of where it occurs, speeding is dangerous for big rigs!

How Do Accident Lawyers Prove a Truck was Speeding?

After an accident involving a semi-truck, lawyers have several types of electronic data that they can use to help investigators and that can potentially be used as evidence to prove a truck was speeding.  

Event Data Recorders (EDRs): Sometimes referred to as “black boxes” like the ones used in airplanes, Event Data Recorders (EDRs) can be used during accident investigations involving semi-trucks. These electronic devices capture a ton of information about the vehicle’s operation and what it was doing in the moments both leading up to and during the crash itself. EDRs can collect data like vehicle speed, engine RPM, brake application, seatbelt use, airbag deployment, and vehicle direction, along with specific timestamps for each of these events!

The Engine Control Module (ECM): An Engine Control Module (ECM) is, essentially, the computer that controls the truck’s engine and it plays an important role in accident reconstruction. The ECM continuously records data on the engine’s performance like its rpm speed, malfunction codes, and throttle position to measure how hard the driver was (or wasn’t) pressing the gas pedal. All of this information can help investigators to understand what the engine was doing leading up to the crash.

GPS Data: Most modern semi-trucks are equipped with GPS tracking systems that, in addition to showing the drivers where to go, also act like a real-time log of the vehicle’s movements and where it goes throughout the day. GPS data gives accident investigators valuable records of the truck’s route history, often along with variations in speed and timestamps for when it arrived at specific locations, that helps piece together the events leading up to a crash.

In-Cab Communication Systems: Some trucking companies install in-cab communication systems in their trucks. These systems can also serve as windows into the driver’s behavior and potential pressures, since they track the driver’s location and, in some cases, record conversations with dispatchers, too. By analyzing communication patterns or recounting what was said, investigators might be able to spot signs of dangerous driver fatigue. Similarly, the conversations could expose the pressure that dispatchers put on drivers to speed up or meet unrealistic deadlines, which can also contribute to accidents.

Video Recordings: Forward-facing dash cameras are being used more and more often in commercial vehicles. If it was operational at the time of the accident, a dash cam can provide crucial recordings to be used as evidence of the accident and exactly what happened in the moments leading up to it.

Electronic data can make or break an accident investigation since it provides objective, unbiased, specific information both about the truck’s performance and the driver’s actions leading up to the crash. With this data, along with other evidence like witness testimonies and physical evidence from the scene, an expert can analyze what happened and provide more clarity about how the accident happened.

What Evidence on the Road Can Prove a Truck Was Speeding?

There are several ways that it’s possible to tell whether or not a semi-truck was speeding before an accident. Although evidence can provide clues, it’s not always definite… Here are some basic things to look for to prove that a truck was speeding:

Skid Marks left on the road at an accident scene can provide a lot of visual clues about the truck’s speed and its driver’s actions right before the impact. The length of the skid mark is important, too, since longer skid marks usually mean the brakes were applied over a longer distance, often because of a higher initial speed from which the stop was initiated.

However, certain things like the road surface itself (Was it wet? Dry? Gravel?) and weather conditions at the time (Was it raining or foggy? Was there snow present?) can change the skid marks dramatically and influence how far the truck skid once the brakes were applied.

Debris Scatter creates a pattern that can also reveal many important details about the collision. For example, a wider debris scatter pattern could indicate a more forceful impact from a higher-speed collision.

Damage to Fixed Objects such guard rails, fences, or signs hit by the truck could be a sign of high impact velocity depending on the severity and scale of damage.

Accident Reconstruction is a scientific technique used by experts to analyze the collected evidence and determine how a semi-truck accident happened in the first place. Accident reconstruction experts can establish a timeline of events, identify contributing factors, pinpoint the positions of the vehicles involved, and potentially determine fault by accurately recreating what happened.

Experts in accident reconstruction may be retained to analyze all available evidence, including road markings, debris patterns, and the severity of the damage to the vehicles involved so that they can accurately understand how the accident was caused, including potential speeding. They do this by examining the following key components of the accident itself:

• Scene Examination involves meticulously examining the accident scene, measuring the skid marks, analyzing the debris scatter patterns, and photographing damage to vehicles and surrounding objects to determine the extent of the damage while also documenting it.

• Vehicle Inspections of the semi-truck areconducted to assess damage, find any malfunction indicators (brake failure warnings etc.), and collect data from the EDR (Event Data Recorder) like what the driver was doing in regard to speed and braking.

• Reviewing Reports from the police, reading witness statements, and evaluating any truck driver logs for relevant details are important to understanding what happened from a human perspective.

Accident reconstruction techniques are complex and scientific and often utilize both physics principles as well as computer simulations. First, experts apply the laws of motion, momentum, and energy transfer to analyze the crash and estimate the pre-crash speeds of the vehicles. Then, sophisticated software can recreate the accident in a virtual environment, considering factors like vehicle weight, road conditions, and driver actions. Together, these techniques can not only help visualize the crash sequence but also validate the expert’s analysis of what actually happened.

Surveillance Cameras are also great tools for determining whether or not a truck was speeding, but their effectiveness depends on their location and the quality of the video that’s captured. Ideally, surveillance cameras record suspected speeding zones and provide details like license plates and vehicle type, but sometimes limitations like obscured views, night vision issues, tampering, and less precise speed measurements compared to police radar/laser guns reduce their effectiveness.

When camera footage is available, it’s usually used in combination with other forms of evidence like witness testimony, accident reconstruction techniques, or the truck’s EDR data for a stronger case. Even though camera footage is definitely valuable when trying to prove that a truck was speeding, cameras are typically only used as supporting evidence alongside other methods.

Overall Damage can also indicate if a truck involved in an accident was speeding since the greater the damage, the more likely it was that the accident damage happened at a higher rate of speed.

However, it’s not just speed that determines the extent of the visual damage – several other factors can influence it such as the severity of the collision, the type of impact, and the objects struck.

Additionally, the structural characteristics of the truck and/or vehicles involved, such as age, weight, and build, can affect how they absorb and exhibit the forces from the impact. So, while it’s true that speeding can contribute to increased damage, damage isn’t a definite indicator of speed and a comprehensive assessment of the accident scene and expert evaluation might be necessary to further clarify what happened.

Can a Witness Help Prove a Truck Was Speeding?

Witnesses can help prove that a semi-truck was speeding, and they can be valuable sources of evidence by providing:

• Direct Observation of Speed includes clear statements from a witness or witnesses that give an estimate of the truck’s speed, or compare it to other vehicles.
• Observed Driving Behavior from a witness can determine whether or not the truck’s driver acted recklessly with their driving maneuvers, while hearing a loud engine noise could also potentially indicate excessive speed.
• Credibility and Details of the witness are established by clear, consistent, and confident statements with specifics about the location to further support their testimony.

Witness testimony is only used as supporting evidence alongside skid marks, accident reconstruction analysis, or the truck’s EDR data to strengthen the case, since memories aren’t always accurate; police reports incorporate witness statements for investigation purposes and bolster the unbiased, additional facts that were also collected.

Can You Win More Compensation if You Prove That an 18-Wheeler Was Speeding?

Proving that an 18-wheeler big rig truck was speeding can potentially strengthen your case in an accident lawsuit and increase the likelihood you win more compensation, but the ultimate outcome is still dependent on several factors.

Negligence: Speeding is considered a form of negligence since it involves a driver breaking the law by exceeding the posted speed limit or driving too fast to be considered safe for the given conditions. In order to establish liability, you have to prove the driver breached their duty of care by speeding, and their action in doing so directly caused the accident along with the resulting damages.

Increased Liability: If you can prove that the truck driver was speeding, you can also argue that their actions directly contributed to the severity of the accident and your resulting injuries or property damage. You might be able to get a larger amount of compensation for your claim by proving a higher degree of liability from the truck driver or their employer.

Comparative Negligence: According to the State of Georgia’s modified comparative negligence standard known as the “50 percent bar rule,” an injured party can still recover damages as long as their own percentage of fault is not greater than 50 percent. However, if the injured party is found to be 50 percent or more at fault for the accident, they can’t recover any damages at all.

Evidence: To prove that an 18-wheeler was speeding, you’ll need to gather, and present, compelling evidence. This can include eyewitness testimonies, accident reconstruction analyses, data from the truck’s onboard systems (such as a black box or GPS), surveillance footage, police reports, and any other relevant documentation that supports your claim and accurately shows what happened.

This is when consulting with a qualified attorney experienced in trucking accident cases can be very helpful. By evaluating the specific details of your situation, your attorney can help build a strong case, navigate legal complexities, and pursue the maximum amount of compensation that you’re entitled to depending on the circumstances surrounding the accident.

What are Punitive Damages and Can They be Useful in my Claim?

When the truck driver’s conduct is found to be particularly reckless or excessively egregious, proving that they were speeding can be really important if you’re seeking punitive damages. The intention of punitive damages is to punish the defendant (ex: the truck driver) for their harmful actions and hopefully deter similar bad behavior in the future. However, the availability of, and criteria for, awarding punitive damages varies across jurisdictions, and certain legal standards must be met to qualify for such damages.

Punitive damages in truck accident cases can be awarded only under certain circumstances in Georgia, so it’s important to fully understand how they’re determined.

Standard for Punitive Damages: To be eligible for punitive damages in Georgia, the plaintiff/claimant has to prove that the defendant’s actions involved willful misconduct, malice, fraud, wantonness, oppression, or conscious indifference to consequences. Unfortunately, mere negligence or ordinary carelessness is not enough to warrant punitive damages, so it’s important to have a strong case.

Clear and Convincing Evidence: Georgia law also requires that the plaintiff/claimant be able to prove that they’re entitled to punitive damages by presenting clear and convincing evidence. Punitive damage claims require a higher evidentiary standard than the standard kind of basic evidence required for other types of damages. Clear and convincing evidence means that the evidence presented has to be substantially more likely to be true than not, with very little room to dispute the claims.

Cap on Punitive Damages: In Georgia, the law imposes a limit on punitive damages and it’s set at $250,000. However, there are some specific exceptions to the limit in cases where it can be proven that the defendant acted with specific intent to cause harm, or if the defendant was under the influence of drugs or alcohol. In those situations, the cap doesn’t apply and it’s possible for punitive damages to exceed the $250,000 limit.

Determination of Punitive Damages: If the plaintiff is able to fully meet the legal standards and establish their entitlement to punitive damages by proving the case with solid evidence, then the jury gets to determine the amount of punitive damages that will be awarded. The jury determines and sets the amount by considering all of the various factors, including the defendant’s financial resources, the reprehensibility of their behavior, the harm caused to the plaintiff/victim, and any other relevant circumstances.

The amount that the jury sets, though, isn’t always final. In Georgia, the court has the authority to review, and potentially reduce, the amount of punitive damages awarded by the jury if it’s deemed to be excessive or unconstitutional. Additionally, the court will also consider whether the punitive damages are reasonable in relation to the defendant’s misconduct, and whether they serve the intended purpose of punishment and deterring them from similar actions in the future.

Challenges of Trying to Prove That an 18-Wheeler Was Speeding

When you’ve been involved in an accident with a commercial truck and are trying to pursue a claim for compensation, there are several primary challenges you’ll likely have to deal with. These issues stem from the unique nature of trucking accidents and the complexities involved in holding both the trucking companies and their drivers accountable for their actions. Some of the main obstacles you might encounter include:

Severity of Injuries and Damages: Because commercial trucks are so large and so heavy, accidents involving trucks can result in catastrophic injuries and extensive property damage. As a result, plaintiffs tend to seek substantially higher damages in these cases as opposed to common vehicle accidents. However, it can be a challenge to obtain fair compensation for damages because the trucking companies and their insurance companies will most likely try their hardest to dispute their liability as well as the extent of the injuries so they can minimize their financial losses. You’ll have to work even harder to prove the severity of your injuries and damages in these situations.

Complex Liability Issues: Liability in trucking accidents can be complex since many different people and parties are usually involved, from the truck driver themselves to the trucking company, maintenance contractors, cargo loaders, or even the vehicle (or parts) manufacturers. To successfully identify who should be held responsible for the accident, and the extent of their liability, a thorough investigation and analysis of evidence, such as driver logs, maintenance records, and company policies, is required. Unfortunately for victims, this complexity can make it much more difficult to establish a clear and straightforward case of negligence – so, having an experienced attorney to help can be very beneficial!

Adverse Insurance Company Tactics: Due to their inherent liability and probability for higher financial losses from claims, trucking companies almost always have robust insurance coverage and experienced insurance adjusters who are well-versed in handling accident claims to protect themselves. Insurance companies may use various tactics to minimize their liability and payouts, such as trying to shift blame onto the victim or downplaying the severity of their injuries, or even pressuring the plaintiff into accepting a low settlement offer. Fortunately, a skilled accident attorney can negotiate on your behalf to protect your interests while dealing with these unfair tactics.

Compliance with Federal Regulations: Many federal and state laws regulate various aspects of the trucking industry including driver qualifications, hours of service, vehicle maintenance, and cargo securement. In order to prove that the trucking company (or driver) violated these regulations and that the violation contributed to the accident, an expert analysis by someone with a deep understanding of the applicable regulations and the ability to access relevant records is often needed.

Resources and Legal Defense: Trucking companies and their insurance companies usually have the financial resources and dedicated legal teams to defend any claims against them. Skilled defense attorneys specializing in trucking litigation can create an imbalance of power, so it’s beneficial for plaintiffs to have strong legal representation of their own to level the playing field and effectively counter the defense’s strategies.

Navigating and overcoming these challenges requires a proactive and comprehensive approach to building a strong case. An established law firm with experienced accident attorneys, like The Millar Law Firm, can gather evidence, engage experts, negotiate with insurance companies, and advocate for fair compensation on your behalf.

Accident victims have found that getting help from a personal injury attorney with expertise in trucking accidents can significantly enhance their chances of success in receiving financial compensation!