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Speeding during a crash can make any driver wonder what happens next. The truth is, being over the speed limit doesn’t always make you the one to blame. With the help of an experienced auto accident attorney in Indianapolis, you can still uncover the facts and protect your right to fair compensation.
Attorney Vaughn A. Wamsley understands that every crash tells a different story. Fault isn’t always as clear as it seems, and the evidence often reveals more than the police report. Understanding how Indiana law views shared responsibility can significantly affect how much you recover.
Keep reading to learn how speeding really affects your claim and what steps you can take to build a strong case after a crash.
Key Takeaways
- Speeding doesn’t automatically make you the one at fault after a crash, and you may still have a valid compensation claim.
- The details of how fault is allocated can greatly influence the amount of compensation you actually receive.
- Strong evidence and the right legal strategy can often outweigh assumptions about speeding and shift the outcome in your favor.
The Role of Comparative Fault in Indiana
Indiana follows a modified comparative fault rule, which means you can recover damages if you’re less than 51% at fault. Your compensation is reduced by your share of fault. This system recognizes that crashes are rarely black-and-white and encourages fair accountability for all parties.
How Fault Percentages Are Decided
Insurance companies and attorneys use evidence like traffic camera footage, witness statements, and expert reports to assign fault. Each percentage can shift the financial outcome, making every detail critical. An Indianapolis accident attorney focuses on reducing your assigned fault to help you recover the maximum possible compensation.
Why Evidence Matters More Than Assumptions
Speeding may look bad on paper, but strong evidence can reveal how the other driver’s actions contributed more to the crash. Skid marks, impact angles, and data from vehicle sensors often tell a more accurate story than initial police reports. Presenting clear, documented proof can turn an assumed disadvantage into a fair outcome.
What Happens If Both Drivers Are at Fault
When both drivers share responsibility, the court or insurer calculates each party’s percentage. You’re only barred from recovery if your share exceeds 50%. In close cases, legal strategy and evidence presentation often determine whether you fall below that line and remain eligible for compensation.
Evidence Can Overrule Speeding Allegations
A police report might say you were speeding, but evidence can reveal a different truth. Camera footage, witness accounts, and crash data often show how events really unfolded. Skilled attorneys use this information to highlight what actually caused the collision and to expose weaknesses in the report.
Physical proof can shift how fault is viewed and reduce how much blame falls on you. Marks on the road, damage patterns, and digital vehicle data help reconstruct the crash with precision. Strong evidence builds credibility and allows your attorney to present a clear and honest defense.
How Much Does Speeding Affect Fault in a Car Accident?
Speeding plays a role in fault decisions, but it rarely decides everything on its own. Investigators study how fast you were going, what the weather was like, and how the other driver behaved. Each detail matters because a small mistake under safe conditions isn’t viewed the same as reckless driving in a high-risk area.
Every case depends on evidence and context, which is why guidance from a car accident lawyer in Indianapolis, IN can make a difference. Lawyers analyze reports, traffic data, and witness accounts to build a clear picture of what happened. Understanding these factors helps ensure fault is assigned fairly and your side of the story is heard.
Insurance Companies Will Use Speeding Against You
Insurers often use any mention of speeding to reduce or deny claims. They understand how fear and confusion work in their favor and use that pressure to limit payouts. A skilled attorney who knows their tactics can shift control back to you and fight for full recovery.
Here are some ways insurers use speeding to their advantage:
- Shifting Blame Quickly – Adjusters rush to claim your speed caused the crash before all facts are known. This early framing shapes the investigation and makes it harder to defend your side later.
- Devaluing Injury Claims – Insurers argue that speeding increased the severity of your injuries to justify smaller payouts. Strong medical evidence and expert testimony can prove that the crash impact, not your speed, caused the damage.
- Pressuring for Early Settlements – Companies contact you soon after the crash with offers that sound fair, but ignore long-term costs. Waiting until you understand your full medical and financial losses prevents them from minimizing your claim.
An experienced attorney levels the playing field and makes sure insurers respect your rights and pay what your claim is worth.
Protect Your Future With Help From an Auto Accident Attorney in Indianapolis
Speeding doesn’t define your entire case, and it shouldn’t determine your financial recovery after a crash. What truly matters is how the evidence, the law, and your representation come together to prove your side of the story. Attorney Vaughn A. Wamsley will fight to ensure one mistake doesn’t cost you the compensation you deserve.
Frequently Asked Questions
What if the police report blames me for speeding when I didn’t cause the crash?
Police reports can be misleading, especially when they focus only on speed. An experienced attorney can dig deeper, gather witness statements, and use evidence to show the real cause of the accident.
Can the insurance company refuse to pay because I was speeding?
Insurers often use speeding as an excuse to deny or reduce your payout. A skilled lawyer knows how to push back with facts, evidence, and negotiation tactics that protect your right to full compensation.
How can a lawyer help if I’m partly responsible for the crash?
Even if you share some fault, a lawyer can build a strong case that minimizes your percentage of blame. This strategic approach can make a major difference in how much compensation you ultimately receive.