FREE CONSULTATION Motorcycle Accident Lawyer Penn Hills
If you’ve been injured in a motorcycle accident in Penn Hills, you need an advocate who understands the complexities of these cases. At Porta Clark & Ward, our motorcycle accident lawyers are dedicated to helping you secure the compensation you deserve. We know how devastating a motorcycle crash can be, and we’re here to guide you through every step of the legal process. We offer a free consultation to discuss your case and explore your options. Call us today at (412) 912-2381 to get started on your path to recovery.
When the Other Driver Claims You Were Speeding: Steps to Take Next
In a car accident, there are often multiple factors at play, including the actions of other drivers involved. One of the more common accusations you might face after a collision is that you were speeding. Even if you were not speeding, the other driver’s claim can complicate your case and make it more difficult to prove your innocence. Understanding what to do in such a situation is crucial to protecting your rights and ensuring you receive the compensation you deserve.
Understand the Impact of a Speeding Claim
Speeding is a serious traffic violation, and if proven, it can affect how fault is determined in an accident. In Pennsylvania, as in many states, speeding can lead to a presumption of negligence, meaning that the person speeding is often found to be at least partially responsible for the collision.
If the other driver claims you were speeding, it could undermine your position. Insurance companies may be less likely to offer you a fair settlement, and in the worst-case scenario, you could even face a lawsuit or criminal charges. Therefore, it’s important to handle these situations carefully, with a clear strategy for disproving the claim.
Gather Evidence at the Scene
One of the most important steps you can take if accused of speeding is to gather as much evidence as possible at the scene of the accident. The more information you can collect right away, the better position you’ll be in to defend yourself.
Here are some things you should do if you’re able to:
- Take photos of the scene: Capture images of the vehicles, the position they were in after the crash, any damage, skid marks on the road, traffic signs, and speed limit signs. These photos can help demonstrate whether the conditions support the claim of speeding.
- Get witness information: If there were any bystanders or other drivers who saw the accident occur, ask for their contact information. Eyewitness testimony can be incredibly valuable in confirming your version of events.
- Note traffic conditions and road conditions: Was there heavy traffic? Were there any road hazards like construction or poor weather conditions that could have slowed you down? This information can help provide context for how the accident happened.
Review Your Vehicle’s Black Box Data
Modern vehicles are often equipped with an event data recorder (EDR), also known as a “black box.” This device records critical information about your car’s performance leading up to an accident, such as speed, braking, and acceleration. If you are accused of speeding, your car’s black box data can provide valuable evidence to prove your speed at the time of the crash.
Your lawyer can help you access this data, especially if the other party’s insurance company is disputing your account of the accident. In many cases, this data can be used to show that you were traveling at a safe speed or that the other driver’s version of events doesn’t align with the facts.
Get a Police Report
A police report can be one of the most helpful pieces of evidence when disputing a speeding claim. When officers respond to the scene of an accident, they will often conduct an investigation, including interviewing witnesses, collecting statements, and examining physical evidence. They may also issue a citation if they believe either driver was at fault for speeding.
Even if the police report doesn’t directly address speeding, it can still provide insight into who was responsible for the crash. If the officer did not cite you for speeding or find evidence supporting the other driver’s claim, this can strengthen your case.
Consult with an Experienced Personal Injury Lawyer
If the other driver is claiming you were speeding, it’s a good idea to consult with a personal injury lawyer as soon as possible. A skilled lawyer can help you navigate the complexities of your case and advise you on how to protect your rights.
Your attorney will be able to investigate the accident, speak with insurance adjusters, and gather any additional evidence that could help prove you weren’t speeding. In addition, if the other driver’s claims are affecting your ability to get fair compensation, your lawyer can negotiate with the insurance company on your behalf or even take the case to court if necessary.
Analyze the Other Driver’s Behavior
Sometimes, the other driver may be making a false claim about speeding to deflect blame from their own actions. It’s important to take a close look at the other driver’s behavior before and after the accident. Were they distracted? Did they fail to yield the right of way or run a red light? The evidence may suggest that the other driver is simply trying to avoid responsibility.
If there is a reason to believe that the other driver is lying about the speeding, your lawyer can investigate and use this information to challenge their version of events. In some cases, it may even be possible to show that the other driver was speeding, which could shift the blame onto them.
Check for Speed Limit and Traffic Law Violations
Another important consideration is whether the other driver was also breaking the law. For example, if they were speeding or violating traffic laws in another way, this could also play a significant role in the case. If you weren’t speeding but the other driver was, it could shift the balance of fault in your favor.
Your lawyer can help uncover this information and use it to your advantage during settlement negotiations or in court. The goal is to establish that even if you were going the speed limit, the other driver’s actions were a larger contributing factor to the accident.
Prepare for Insurance Negotiations
Once you’ve gathered evidence and consulted with a lawyer, you’ll likely enter into negotiations with the other party’s insurance company. Insurance adjusters may attempt to minimize your claim by emphasizing the speeding accusation. It’s crucial to be prepared for this and to have all your evidence ready to counter their arguments.
Your lawyer will be able to present the facts clearly and effectively, helping to ensure that you don’t receive a lower settlement than you deserve. If the insurance company is unwilling to offer a fair deal, your lawyer may advise taking the case to court.
When the Road Takes a Turn – Trusted Motorcycle Accident Lawyers at Your Side
At Porta Clark & Ward, we are committed to providing the dedicated support and expert legal representation you need after a motorcycle accident. We understand the challenges you face and are here to fight for your rights, ensuring you receive the compensation you deserve. Don’t face the aftermath of an accident alone—reach out today for a free consultation. Contact us at (412) 912-2381 and let our motorcycle accident lawyers help you navigate this difficult time with confidence.