Speed often turns an ordinary drive into a sudden crash, and proving it after the fact can feel tricky. You know the other driver was flying, but insurance adjusters want proof that holds up. At Zweben Law Group, in Stuart, Florida, we have handled car accident claims for more than 25 years, and we have seen how the right evidence shifts a case.
Our goal here is simple: give you a clear, step-by-step guide on showing the other driver was speeding, so your claim for medical bills, lost income, and other losses stands strong. If questions pop up while you read, we welcome your call.
Why Proving Speeding Matters in a Car Accident Case
Showing the other driver was speeding can tip the scales on fault. It helps link their unsafe choices to your injuries and property damage, which supports a fair payout.
Florida follows a modified comparative negligence rule under Florida Statutes §768.81. If you are found more than 50 percent at fault, you cannot recover damages. If you are 50 percent or less at fault, your compensation gets reduced by your share of responsibility.
That is why we work to lower any blame placed on you by highlighting the other driver’s speed, careless maneuvers, and failure to react in time.
With this in mind, let’s look at the best ways to prove speeding with real, usable proof.
Methods to Demonstrate the Other Driver Was Speeding
You can prove speeding with a mix of scene photos, police measurements, witness accounts, video, vehicle data, and medical documentation. No single item carries the day every time, but together, they make a strong story the insurer cannot ignore.
Gathering Evidence at the Accident Scene
If you are safe and able, capture details while everything is fresh. Even a few quick photos or notes can make a big difference later.
- Take photos from multiple angles, including wide shots, close-ups of damage, skid marks, traffic signs, and scattered debris.
- Write down the time, weather, lighting, and any road work or hazards in the area.
- Exchange names, phone numbers, insurance companies, and policy numbers with all drivers, and get contact info for witnesses.
- Avoid talking about fault at the scene—short and calm works best.
- Look for skid marks or the lack of them, since no braking can point to high speed or late reaction.
- Compare damage levels across vehicles since high speed often causes crumpled frames and pushed-in engine bays.
- Note where debris landed and how far it spread, which can reflect impact force and, in turn, speed.
Once you leave the scene, save everything in one place, including any notes you wrote when the memories were fresh.
Obtaining and Utilizing the Police Report
Police reports carry weight because officers document what they see with training and measurements. They often include diagrams, statements, and any citations for speeding or related violations.
Officers sometimes check skid marks, final rest positions, and distances that help them reconstruct the crash. These technical details can back up your photos and statements.
Request a copy from the responding agency as soon as it is available. If something in the report needs context, we can help address that with the insurer.
Collecting Witness Testimony
Independent witnesses add a neutral voice that often confirms speed or aggressive driving. People who saw weaving, tailgating, or rapid lane changes can be incredibly helpful.
- Ask what the other driver was doing in the seconds before impact, such as passing multiple cars or running a light.
- Ask if the car sounded loud or fast, which can be a common hint of speed.
- Ask if the driver braked, swerved, or showed any sign of slowing down.
- Ask where the cars were positioned before and after the hit.
Write down what witnesses share, and if they agree, record a short audio or video statement on your phone.
Leveraging Technology: Traffic Cameras, Dash Cams, and Vehicle Data Recorders
Video and data can lock in speed with timestamps and measurable distances. Traffic cameras, business security systems, and dash cams often catch the approach, the light cycle, and the moment of impact.
Modern vehicles commonly have event data recorders, or EDRs, that store short bursts of information such as speed, throttle, and braking seconds before a crash. With legal help, this data can be requested and analyzed.
| Source | What It Shows | How to Obtain | Preservation Tip |
| Traffic cameras | Approach speed, signal status, lane use | Request from city or nearby businesses | Act fast, many systems overwrite within days |
| Dash cams | Real-time footage of the impact and approach | From your car, other drivers, rideshare vehicles | Back up the file and note the time stamp |
| EDR data | Speed, braking, accelerator position | Through counsel, with proper notices | Send preservation letters quickly |
| Phone location data | Travel path and timing | Subpoena or consent from owner | Document chain of custody |
If you think a camera was nearby, note the exact location and ask a lawyer to send a preservation request right away.
Accident Reconstruction Analysis
Accident reconstruction blends physics, road measurements, and damage patterns to estimate pre-impact speed. A trained reconstructionist can build a clear timeline that ties speed to loss of control or a failure to stop.
This kind of analysis is helpful when stories conflict or when a defense adjuster downplays the role of speed. Reports and visuals from the analysis can be used in settlement talks or in court.
Medical Records
Injury patterns can support high impact forces. Immediate care also links your injuries to the crash date, which closes off arguments that something else caused them.
- Get checked as soon as you can, even if soreness is mild on day one.
- Follow all treatment plans, including therapy and imaging like X-rays or MRIs.
- Keep receipts and mileage for appointments, braces, prescriptions, and medical devices.
These records show both the harm and the costs, which are necessary for full compensation.
The Impact of Speeding on Liability
Florida drivers have a duty to use reasonable care, and speeding breaks that duty. Once your injuries cross the no-fault threshold, liability shifts to the at-fault driver for the full range of damages allowed by law.
Speeding is a form of negligence that often makes fault clearer. When speed causes a late stop, a loss of control, or a blown red light, that behavior connects directly to the crash.
Tie this back to Florida Statutes §768.81. The lower your share of fault, the higher your recovery, so proof of speeding helps keep fault where it belongs.
Contact Zweben Law Group for Assistance with Your Car Accident Claim
At Zweben Law Group, we help injured people rebuild. For over 25 years, we have advocated for crash victims across Florida, always pushing for fair results and clean communication.
If you are feeling overwhelmed, that is normal, and you do not have to be stuck with it. We can handle the evidence requests, talk with the insurer, and keep your case moving while you focus on healing. Call 772-223-5454 or visit our website to get started. We welcome your questions and are here to help you move forward.
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