If you sustained injuries in a Baton Rouge car accident caused by a motorist who was exceeding posted speed limits, you may be able to hold them accountable for the losses you endured, including physical, financial, and emotional damages.
If we believe your case has merit, a Baton Rouge exceeding posted speed limits lawyer from the Morris Bart law office may be able to file an insurance claim or personal injury lawsuit and seek compensation at no out-of-pocket cost to your family.
The Morris Bart law firm offers free case reviews. Call (225) 341-5694 now to discuss your Baton Rouge accident and injuries with a member of our team.
Exceeding Posted Speed Limits Increases the Risk of an Accident
When a driver exceeds the posted speed limits, they are ignoring a rule put in place to prevent accidents and protect them and other motorists. Speed limits are not arbitrarily assigned. Instead, they are put into place after careful consideration of many factors, including:
- Traffic volume, flow, and patterns.
- How the road is designed.
- The landscape, such as hills or curves that might block vision.
- Whether there are houses or businesses in the area.
- Many other factors.
According to the National Highway Traffic Safety Administration (NHTSA), speeding plays a role in about one out of every three fatal traffic accidents, a statistic that has held steady for more than 20 years. This may be true because of the increased risk of an accident when at least one car is exceeding the speed limits, such as:
- A significant increase in stopping distance.
- Easier to lose control of the vehicle, especially in turns or other maneuvers.
- Air bags and seat belts are not as effective at high speeds.
- Accidents at higher speeds force those involved to endure greater forces.
To learn more about fault and liability in Baton Rouge car accidents caused by speeding, call the Morris Bart law office today at (225) 341-5694.
For a free legal consultation with a Exceeding Posted Speed Limits Accident lawyer serving Baton Rouge, call 800-537-8185
Speeding Can Contribute to Many Types of Motor Vehicle Accidents
If we agree to work together on your car accident case, a Baton Rouge exceeding posted speed limits lawyer from the Morris Bart law firm will go to work gathering evidence to show the at-fault driver acted negligently and should be held liable for your injuries and related losses. Doing so will require us to prove:
- The four elements of negligence.
- The value of your economic damages.
- A fair value for your noneconomic damages, such as pain and suffering.
Proving negligence does not necessarily require us to prove the driver was exceeding the speed limit at the time of the accident, although this can play a role in the cause of the collision. We will, instead, need to document exactly what led to the accident. For example, if the driver took a turn too quickly and crossed over the centerline colliding head-on with your vehicle, we would need to prove they crossed the centerline.
The evidence that may help us meet the necessary burden of proof in this type of case includes:
- The crash report filed by the Louisiana State Police or another agency.
- Eyewitness testimony.
- A survey of the accident scene.
- Physical evidence, such as the damage to each vehicle.
- Accident reconstruction data.
- Your relevant medical records.
- Receipts, estimates, bills, and other paperwork.
Our team will collect the evidence available in your case to build a case that may support a fair insurance settlement agreement or a verdict in your favor in court. To learn more about how we may be able to help you with your case, call the Morris Bart law firm in Baton Rouge today at (225) 341-5694.
Recovering Damages in an Accident Caused by a Speeding Driver in Baton Rouge
When we are able to hold a negligent motorist liable for their role in our client’s injuries and other damages, we can generally pursue economic and noneconomic damages. These include a variety of expenses and losses. The goal is to recover enough compensation to pay for past, current, and future accident-related costs, preventing you from losing money and compensating you for your less tangible losses.
Damages we may be able to recover include:
- Medical treatment and related care costs.
- Lost wages and all related benefits.
- Diminished earning ability for those who cannot return to work.
- Property damages, such as the damage to your vehicle.
- Out-of-pocket costs.
- Pain and suffering.
- Other noneconomic damages.
- Wrongful death damages, if a family member passed away.
Louisiana law bars punitive damages—those meant to punish the liable party for particularly wanton negligence—except when permitted by law. Speeding is not one of the exceptions to this rule. However, if the driver was drunk at the time of the accident, you could qualify for additional types of damages under Civil Code § 2315.4.
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Deadlines to File Legal Action in a Baton Rouge Car Accident Case
Civil Code § 3492 of Louisiana law sets a deadline for filing a lawsuit one year after the date of the accident. If we need to take your case to court, we have until this deadline to begin this process by filing the legal paperwork in a Baton Rouge court.
However, we will not know if we need to file a lawsuit until we investigate your accident and attempt to work with the insurance company to recover a just payout on your behalf. We may be able to settle your case for fair compensation without having to file a lawsuit. Most car accident cases never go to court, although sometimes we need to file suit to try to secure the damages our clients need and deserve.
Talk to a Member of Our Baton Rouge Car Accident Team
If you suffered injuries in a case caused by a speeding driver, a Baton Rouge exceeding posted speed limits lawyer from the Morris Bart law office may be able to help you prove your case and recover damages based on your injuries and expenses.
Our team handles cases throughout the Greater Baton Rouge area, as well as from more than a dozen other offices across the Gulf South.
You can speak with a representative of the Morris Bart law firm’s Baton Rouge office today by calling (225) 341-5694. We can evaluate your case during your free initial consultation.
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