Legal Implications of Speeding in Florida Car Accident Lawsuits
Speeding is a common factor in thousands of Florida car crashes every year. However, its impact goes beyond traffic citations—it directly affects legal liability, personal injury claims, and insurance compensation. Whether you were injured by a speeding driver or you were the one speeding, Florida’s laws on comparative negligence will determine how much fault—and compensation—is assigned.
This guide explores the connection between speeding and liability in Florida auto accident lawsuits. It will help you understand how speeding influences legal decisions, when it counts as negligence, and how you can still recover damages even if you were partially at fault.
Why Is Speeding a Legal Issue in Florida Accidents?
Speeding isn’t just dangerous—it’s often legally considered negligent behavior.
Speeding as a Sign of Recklessness
When a driver exceeds posted speed limits or drives too fast for conditions, they are often deemed negligent under Florida law. This can make them liable for any injuries or property damage they cause in an accident.
Increased Crash Risk and Severity
Speeding affects both the likelihood of a crash and the severity of injuries. A vehicle traveling at high speed needs more distance to stop and offers drivers less time to react. High-speed collisions often result in catastrophic outcomes, making them central to legal injury claims.
How Florida Statute 768.81 Applies to Speeding Cases
Florida operates under the modified comparative negligence rule, codified in Florida Statute 768.81.
Shared Fault in Florida Injury Law
Under this rule, each party in a crash may be assigned a percentage of fault. Your potential compensation is reduced by the percentage of fault you bear.
Example: How Compensation Is Calculated
If a jury finds you were 30% responsible for a crash because you were speeding, your final damages award will be reduced by 30%. So, a $100,000 settlement would be reduced to $70,000.
The 50% Bar Rule
As of March 2023, new tort reform in Florida means that if you are more than 50% at fault, you may be barred from recovering any compensation. This raises the stakes for speeding-related liability claims.
Is Speeding Always Considered Negligence?
Speeding is strong evidence of negligence, but it’s not automatically negligence under Florida law.
What Is Per Se Negligence?
In some legal contexts, violating a law (like speeding) may be considered per se negligence—automatically proving the defendant acted unreasonably. Florida, however, generally treats speeding as evidence of negligence, not a conclusive finding.
Factors That Influence Negligence Determination
Courts look at the broader circumstances of the accident. If other factors—like texting, running a red light, or reckless lane changes—were more significant, speeding alone may not be the primary cause of fault.
Can a Speeding Ticket Be Used Against You?
A speeding ticket is admissible evidence in personal injury claims, but it doesn’t seal your fate.
How Tickets Are Used in Court
Tickets can be used to show that a driver was violating the law at the time of the crash. This can strengthen a negligence claim against that driver.
When a Ticket Isn’t Enough
However, a ticket alone is not sufficient to prove liability. Additional evidence—such as eyewitness accounts, accident reconstruction reports, or dashcam footage—will typically be needed to determine the full picture of fault.
What If You Were Speeding But Not Ticketed?
Even if you didn’t receive a citation, you can still be found partially or wholly at fault for speeding-related negligence.
Evidence Beyond the Citation
Speeding can be proven through GPS data, vehicle black boxes, tire marks, surveillance video, or eyewitness testimony. A ticket helps—but its absence doesn’t shield you from being blamed for speeding.
What Happens If Both Drivers Were Speeding?
In many Florida crashes, more than one party was speeding or driving recklessly.
Shared Responsibility and Split Fault
If both drivers were speeding, fault may be divided. For example, if Driver A was speeding but Driver B ran a red light while speeding, both may be found partially responsible. Each party’s compensation will be reduced based on their share of fault.
Why Comparative Negligence Matters
This is why Florida’s comparative fault system is so important. Even if you were speeding, you may still recover damages if you were less than 50% at fault.
How Speeding Impacts Your Insurance Claim and Settlement
Insurers don’t just rely on police reports—they investigate the accident to shift fault and reduce payouts. If you were speeding, the insurance company will likely use this to their advantage.
Lower Settlement Offers
Insurance adjusters may offer you a reduced settlement or deny your claim entirely, arguing that your speeding significantly contributed to the accident. They may also delay negotiations while seeking more fault-reducing evidence.
Protecting Your Claim
Working with a lawyer can help counter these tactics. An attorney can present mitigating evidence, dispute fault percentages, and negotiate more favorable settlements even if speeding was a factor.
How to Prove or Defend Against Speed-Related Negligence
Whether you’re filing a claim or defending yourself, your ability to prove or disprove speeding-related negligence hinges on evidence.
Types of Evidence Often Used
Courts and insurers will examine:
- Traffic tickets or citations
- Police reports
- Eyewitness statements
- Surveillance or dashcam footage
- Skid marks and debris patterns
- Vehicle speed tracking (via black boxes or apps)
Importance of Accident Reconstruction Experts
Sometimes, attorneys work with accident reconstruction experts who can evaluate crash dynamics and determine how speed affected the incident. These experts can be crucial in complex or contested claims.
Real-Life Examples of Speeding and Fault Scenarios
Understanding how speeding plays out in actual cases can help clarify your legal position.
Example 1: You Were Speeding, But the Other Driver Was Texting
Let’s say you were going 10 mph over the speed limit, but the other driver veered into your lane while texting. The court may determine that the texting driver is 70% at fault while you are 30% responsible due to speeding. If damages are awarded at $100,000, you would receive $70,000.
Example 2: You Both Were Speeding, But You Were Rear-Ended
If both parties were speeding but the other driver rear-ended you, they might still bear a greater share of the blame. The court may assign you 20% and the other party 80%, depending on the situation.
Frequently Asked Questions About Speeding and Florida Auto Injury Claims
Can I still file a personal injury claim if I was speeding at the time of the accident?
Yes, you can still file a claim even if you were speeding. Florida follows a comparative negligence rule, which means that as long as you are not found to be more than 50 percent at fault for the accident, you may still recover damages. However, your compensation will likely be reduced by the percentage of fault attributed to you due to speeding.
Does receiving a speeding ticket mean I will automatically be found at fault for the accident?
No, a speeding ticket alone does not automatically determine fault in a car accident case. While a citation can be used as evidence that may support a claim of negligence, Florida courts evaluate the full scope of the incident. Other contributing factors, such as another driver’s actions or hazardous road conditions, will also be considered when assigning liability.
What happens if both drivers were speeding when the crash occurred?
When both drivers are found to have been speeding, fault will typically be shared between them. The court will assign each driver a percentage of responsibility based on the specific details of the case. Each party’s compensation will then be reduced according to their individual share of fault. If one party is found to be more than 50 percent at fault, they may be barred from recovering damages under Florida’s updated tort laws.
Can I be held liable for speeding even if I didn’t receive a ticket?
Yes, you can still be found liable for speeding-related negligence even if you were not issued a citation. Courts and insurers may rely on other forms of evidence such as eyewitness accounts, vehicle black box data, dashcam footage, or accident reconstruction reports to determine whether you were speeding at the time of the crash.
How does Florida’s comparative negligence law affect my settlement if speeding was a factor?
Under Florida’s comparative negligence system, your compensation will be reduced based on your level of fault. For instance, if you were found to be 25 percent at fault because you were speeding, and your damages were valued at $80,000, your final award would be reduced to $60,000. If you are determined to be more than 50 percent responsible, you may be ineligible to receive any compensation.
Final Thoughts: Speeding Doesn’t Automatically Disqualify You from Compensation
Speeding can complicate your case, but it doesn’t necessarily end it. In Florida, comparative negligence allows you to still recover compensation, even if your actions partially contributed to the crash. What matters is proving how much each party contributed—and having an experienced legal advocate on your side to do so.
Remember, just because you were speeding doesn’t mean you caused the accident. Every detail counts.
Contact Lawlor, White & Murphey Today
If you’ve been injured in a crash where speeding played a role—whether you were the victim or the driver accused—it’s critical to understand your rights under Florida law. An experienced attorney can help you analyze evidence, determine fault percentages, and fight for the compensation you deserve.
Don’t leave your future to chance. Contact Lawlor, White & Murphey today for a consultation and find out how you can protect your rights and recover financially.