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How to Prove the Other Driver Was Speeding?

Posted on: November 28, 2023

According to the National Highway Traffic Safety Administration (NHTSA), speeding is the leading cause of car accidents. In a collision, speeding drastically increases the risk of fatalities and more serious vehicle damage. Despite posted speed limits, many drivers continue to ignore them, putting everyone at risk.

When accidents occur, there is a common misconception that speed cannot be a proven factor once the cars have stopped, but there is often ample proof that the other driver was speeding if you understand where to find the evidence.

Proving speed was a factor in the accident takes a little extra legwork, but evidence can be obtained from a variety of sources, including:

  • Police reports: Police reports include valuable evidence, such as driver and witness statements, scene photos, and proof of speeding.
  • Witnesses: Any witnesses to the accident are likely to attest to the other driver’s speed.
  • Expert witnesses: Forensic experts can reconstruct the accident, including the speed at which both cars traveled.
  • Scene photos: Photos of the scene can provide physical evidence of speeding, such as:
    • Skid marks: The length of skid marks revealed when the driver hits the brakes and before stopping – the longer the marks, the higher the speed.
    • Road debris: The force of impact in a car accident can send debris flying. The distance debris traveled can be used to calculate the speed at the time of impact.
    • Vehicle damage: The faster a vehicle moves, the more complex the impact, meaning vehicles in high-speed collisions sustain significantly more damage than lower-speed impacts.
  • Onboard data: Most modern cars are installed with electronic data recorders (EDR), or “black boxes,” that record vehicle function and can provide proof of speed.
  • Video footage: Video footage can provide proof of speeding and, depending on the location, can be easy to obtain through:
    • Business security cameras
    • City maintenance cameras
    • Dashboard cameras
    • Residential home security cameras
    • Stoplight intersection cameras
    • Traffic cameras

If you believe the other driver was speeding, working with a skilled car accident lawyer is vital. An experienced attorney has a keen understanding of potential evidence and an established network of investigators and expert resources to help discover and obtain the proof needed to support your claims.

What Are New Jersey’s Speed Limits?

New Jersey laws establish the top speed limits for all roads, streets, highways, or freeways throughout the state. Unless otherwise posted, New Jersey speed limits are as follows:

  • Business zones: 25 miles per hour
  • Interstate highways: 65+ miles per hour
  • Low-density residential and business districts: 35 miles per hour
  • Residential zones: 25 miles per hour
  • School zones: 25 miles per hour
  • State highways: 55 miles per hour
  • All other roadways: 50 miles per hour

What Are the Penalties for Speeding in New Jersey?

Speeding in New Jersey results in potential charges, steep fines, and more, which can cost hundreds or thousands of dollars. Penalties for speeding may include:

  • Charges: Drivers speeding 100 or more miles per hour will be charged with reckless driving, which can result in punitive damages and substantially increased settlements in an accident.
  • Fines: In New Jersey, the fines for speeding cost:
    • One to nine miles over: $85
    • 10 to 14 miles over: $95
    • 15 to 19 miles over: $105
    • 20 to 24 miles over: $200
    • 25 to 29 miles over: $220
    • 30 to 34 miles over: $240
    • 35 to 39 miles over: $260
    • 10 or more over a 65-mph hour speed limit: fines are doubled
  • Points: The number of points on your driver’s license for speeding tickets is based on speed:
    • One to 14 miles per hour over: 2 points
    • 15 to 29 miles per hour over: 4 points
    • 30 or more miles per hour over: 5 points
  • Court costs: Drivers must pay a $34 court fee when challenging a speeding ticket.
  • Surcharges: Drivers convicted of six or more points in speeding tickets over three years may pay a surcharge of $150 plus $25 additional for each point over six.
  • Insurance premium increases: Speeding convictions in New Jersey appear on your driving record, prompting insurance companies to increase your premium rates with each instance. 
  • Liability: Drivers speeding when the accident occurs will be held responsible or at least partially responsible.

New Jersey Car Accident Lawyers at Ellis Law Help Those Injured by Speeding Drivers

If you suspect speeding caused your accident injuries, our New Jersey car accident lawyers at Ellis Law can help. Call us at 732-308-0200 or contact us online today to schedule a free consultation. Located in Freehold, New Jersey, we serve clients in Asbury Park, East Brunswick, Toms River, Middletown, Jersey City, Long Branch, Neptune, Hudson County, Union County, Essex County, Monmouth County, Marlboro, and Ocean County, as well as Brooklyn and New York City.

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